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Darwin Awards
2010 Slush Pile

This item was recently submitted by a reader.
Should I include it in the archive?
Vote to tell me what *you* think!

I can do IT. I am immortal!!! NOT

2010 Reader Submission
Pending Acceptance

What is a sure fire recipe for tragedy on the roads of Western New York?

1 Young adult driver. 1 motor vehicle. 2 mobile texting devices.

This week the above recipe was again tested on the roads of WNY resulting in our 8th traffic fatality associated with texting while driving. Perhaps we need to have the communication providers , licsening agencies, and driving courses to get together and find a way to prevent further tragedy.

The net result of this loss is we have 8 count them 8 candidates for the prestigious Darwin Award.

is banned in New York, police can’t stop a driver for doing it Texting while driving claims eighth life in three years By Gene Warner News Staff Reporter Updated: April 09, 2010, 8:53 am / 0 comments Published: April 09, 2010, 9:50 am

Eight young people from Western New York have lost their lives in texting-and-driving related accidents in the last three years, the latest a Geneseo State College student from Sanborn who died in a one-vehicle accident early Tuesday.

Mary E. Kavanaugh, a 2006 Starpoint High School graduate, was driving alone, shortly after 1:30 a.m., when her car went out of control and rolled over, Livingston County sheriff’s officials said.

Yet even though texting while driving is banned in New York, a police officer can’t stop someone for that offense under state law.

Instead, it’s considered a “secondary” offense, meaning that a driver can be ticketed only after having been stopped for a “primary” offense, such as speeding or going through a red light.

In Tuesday’s accident, Kavanaugh, 22, was texting an acquaintance at the time of the crash on Caledonia Road in the Town of Leicester, Livingston County sheriff’s officials believe.

“According to our timetable, we believe she was texting while driving, so that will be a contributing factor on the accident report,” Sheriff’s Maj. James Szczesniak said Thursday.

Because there were no witnesses and Kavanaugh, of Lower Mountain Road, was the sole occupant, Szczesniak added that investigators could not say with “absolute certainty” that she was texting at the time of the crash.

But a check of Kavanaugh’s cell phone determined that she sent a text message to an acquaintance at 1:37 a.m. and never opened a return message sent to her at 1:38 a.m., sheriff’s officials said.

“You’ve got a bright young woman here with a great future in front of her, and a poor decision — texting while driving — turned into a tragedy,” Szczesniak said.

Various counties, including Erie, have passed their own local laws that make texting while driving a primary offense, empowering an officer to stop the driver. But such local laws have been tough to enforce, and some police agencies may not be familiar with those laws.

That could change soon. In February, Gov. David A. Paterson proposed legislation that would allow police to stop a motorist for texting while driving.

And Thursday, U.S. Transportation Secretary Ray LaHood was in Syracuse, kicking off a pilot program in there aimed at curbing distracted driving. The crackdown has its own slogan: “Phone in one hand. Ticket in the other.”

But for now, texting while driving isn’t enough by itself for a police officer to stop a vehicle, at least under New York State law.

That means that if a state trooper, sheriff’s deputy or police officer is driving alongside someone and can see that person texting, the officer can’t stop that vehicle for the offense.

“It’s the only secondary law that we know of,” State Police Traffic Safety Officer Michael Swarthout said. “New York doesn’t typically pass secondary traffic laws. I just don’t understand why they made it so difficult for us to enforce.”

The laws about texting, using a hand-held cell phone and dialing a phone are tricky. Trooper Swarthout, of Troop A, and others would like to see a single law banning distracted driving — for whatever reason.

“I’ve seen people eating a bowl of cereal while they drive,” he said.

Prior to Tuesday morning’s accident, seven other Western New Yorkers died because of texting and driving in the last three years.

In June 2007, five teenage girls, recent graduates of Fairport High School, died when their sport utility vehicle veered into the path of a tractor-trailer in Canandaigua.

Six months later, A.J. Larson, 20, died in an accident that West Seneca police attributed to texting while driving.

Brandie J. Conklin, 22, of Eden, died last April 12, when her car collided with an oncoming milk truck on Route 75.

Following Tuesday’s crash, investigators have determined that Kavanaugh’s vehicle drifted off the right side of the road, and she overcorrected, causing the car to roll over and land on its side on the left shoulder.

Kavanaugh was not wearing a seat belt, and she was ejected from her vehicle, according to police reports. Sheriff’s officials said they are awaiting the results of toxicology tests to determine whether alcohol may have been involved.

The crash wasn’t discovered by a passing driver and reported to emergency workers until 4:53 a.m. Tuesday. Investigators assume that no one else had driven past the crash site on the lightly traveled rural road in the intervening three hours.

“We are able to confirm that she would have died instantly after the crash,” Szczesniak said.

gwarner@buffnews.com

Submitted on 04/09/2010

Submitted by: walter jastrzab
Reference: Buffalo News, Buffalo New York 4/9/2010

Copyright © 2010 DarwinAwards.com

>> Moderator Scores <<

Bruce said:
Definitely Toss: Too Common
Thanks, Walter, but distracted driving is simply way too common.


Candi said:
Definitely Toss: Repeat
What Bruce said.


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