EDDINGTON, Maine — Text messaging while driving is believed to be a major factor in a fatal crash that occurred late Wednesday night near Eddington Elementary School on Main Road, according to Troy Morton, deputy chief of the Penobscot County Sheriff’s Office.

“Moments before the crash took place we did see that text messages were sent back and forth,” the deputy chief said Thursday morning.

Tracy McPhee, 44, of West Enfield was killed just after 11 p.m. when the vehicle she was driving struck a tree, and her passenger, Velvet Cole, 31, of Lincoln remained in the hospital Thursday morning, Morton said.

McPhee was driving a maroon 2001 Chevy Impala heading toward Brewer when she “left the road for no apparent reason,” Morton said. “There were no indications of skid marks. She crossed the eastbound lane and struck a tree head-on,” pinning her and her passenger in the car.

Extrication equipment was used to get the women out of the destroyed vehicle.

McPhee, a mother of two children, died at the scene. Cole “received serious injuries and was transported to Eastern Maine Medical Center,” Morton said.

She was listed in fair condition at the hospital Thursday afternoon.

The sheriff’s department was assisted by Maine State Police and firefighters from both Eddington and Brewer. The roadway, which is also known as Route 9, was closed while crews investigated the fatal crash and cleared the debris.

The investigation is continuing, but early indications are that the collision occurred because McPhee was distracted because she was using her cellphone and texting, Morton said.

Maine joined 33 other states last year in banning texting while driving. Offenders face a minimum fine of $100.

“When we look at the cause of many crashes today,” distracted driving is often listed, Morton said.

In 2009, 5,474 people died in the U.S. as a result of distracted driving, which accounts for about 16 percent of all traffic fatalities, according to data from the National Highway Traffic Safety Administration.

“It’s a tragic thing that is happening,” Morton said.

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119 Comments

  1. Nothing can be done to eliminate these crashes, but a $100 fine is not enough. Texting while driving is as dangerous as drinking and driving, if not more dangerous. The penalty should be just as severe. If the driver was drunk, the cause would be drunk driving, not that alcohol was a “contributing factor”.

    1. Yes, something can be done. Cell phone jamming technology is inexpensive and available (the FCC forbids the sale of units in the US). Simply have a cell jammer in all new vehicles that is activated when the vehicle is in motion, when the vehicle stops, the jammer is off.

      1. Why punish the passenger? There is nothing wrong with cell phone use if you are not behind the wheel.

        1. Precisely…that is not the right idea.  But with the way we punish people here for driving drunk or without a license, do we really expect the state to impose real penalities on this?

          1. I hear you. Especially when I had a BPD officer cross into my lane on Main St. yesterday while he was looking at his laptop. Crazy.

        2. All right, then what is your proposal? Because the distracted driving laws are a joke, enforcable only after an incident. You know we used to survive just fine without cell phones, and it wasn’t that long ago.

          1. I made my proposal. Increase the penalty. Not much else you can do. As I said in my first post, you can’t completely eliminate anything by making it illegal.

        3. Because apparently we are not able to be mature adults with our phones.  Sorry, but a few dozen bad apples just might be cause to “ruin the barrel”

      2. I’d like to have a portable jammer… So, everytime I see someone either talking or texting, I can “Point and Jam”!

        1. Look them up on line, you have to do a bit of finagling to get it shipped to the US.Tthere is nothing better than being in a restaurant with some obnoxious loudmouth on the phone near you, and “click” silence..

      3. They are not only illegal to buy in the United States, they are illegal to use.  There is a reason for that.  They don’t only jam cell phones but also emergency communications. Some are weak and may work in a close vicinity of you, others can block for a large area.  Which also makes them highly sought after by criminals.  With your idea, why don’t we also put a interlock breathalyzer so you can only start your car after blowing into it proving you are sober, or put a limiter on the speed of every car sold to the public so the car will not go any faster than 75 mph, after all that is the legal speed limit.  And what do the other 84% of traffic accidents caused by? I don’t text and drive and don’t agree with it, but the very idea of using jamming technology is ridiculous and dangerous, especially for those who work in emergency services and depend on communications to be able to help the public.

        http://articles.cnn.com/2012-03-05/tech/tech_mobile_cell-phone-jammer_1_jammers-cell-phone-mobile-phone/2?_s=PM:TECH

        1. Breath analysis starters are required in most states for convicted DUI drivers. Most cell phone jammers have a VERY limited range of affect, so the idea that they would interfere with EMS comms is invalid (unless you carried one in your pocket). I’m surprised that someone involved in EMS would be against a life saving technology, but I guess texting and driving provides job security.

          1. First off…what does the fact that interlock devices are used in SOME instances by SOME states AFTER a CONVICTION have anything to do with my point???  Not all use them and not all convicted OUI offenders have had them as part of their punishment. My point was why take the chance on leaving it up to peoples common sense, have an interlock device on every car so we don’t take that chance… the same as putting a jamming device in every car so people cant text.  The same point I made about putting a limiter on a cars speed at 75.  And cell jammers come in different strengths, depending on how much you want to spend.  They can block anywhere from less than 30 feet to a distance of up to miles (depending on the geographical layout).  And as far as your argument about it not affecting those in emergency services…why don’t you read a quote from the FCC about WHY they are illegal: (http://transition.fcc.gov/eb/jammerenforcement/jamfaq.pdf ):

            “Jammers are more than just a nuisance; they pose an unacceptable risk to public safety by potentially preventing the transmission of emergency communications.  Cell phone jammers do not distinguish between social or other cell phone conversations and an emergency call to a family member or a 9-1-1 emergency responder.  Similarly, GPS and Wi-Fi jammers maliciously disrupt both routine and critical communications services.   Jammers could also block more than just cell phone calls; these devices could disrupt important communications services that operate on adjacent frequencies, or worse, they could disrupt all communications within a broad frequency range.”  

            What that is also saying is it not only can jam cell phones, but the communications emergency responders use aka narrowband radio frequencies…but you know, its all about job security.

          2. Bgirl..that is a great idea.I wonder If that would be something that the state or auto makers would have to instigate?

          3. and not to mention getting into an accident and trying to call 911 while you are in a ditch or tree and your car is running?! then this “jammer” could interfere with you trying to make a call! and to those who are complaining of my comment just think that if you were pinned and couldnt shut off your car to make that important calll to 911 you would probably be quite P’d off. It could happen.   and BGIRL i agree with you :) jammers could cause more issues for everyone

      4. They also make a device that goes on the vehicle ignition system that you have to blow into for the vehilce to start, thus eliminating drunken driving. That technolgy has been around for a long time, so why dont they make all new vehicles with them installed. Better yet, why dont we just make vehicles that drive on a rails, covered with bubble wrap that communicate with each other so that accidents would never happen again? Oh wait the U.S is still democartic goverment which gives people the right to be free.   

        1. wouldnt that be nice?? then i wouldnt have that crack in my bumper from when i got stuck lol the wrecker wouldnt of cracked the bubble wrap!

    2.  Yes!!!!  Larger fines!!!  The government needs to profit MORE from these incidents!…..great logic!

    3.  i guess no body remembers the 50 page Cd books that kids had in the 90’s.., flipping threw looking at all your Cd’s driving changing a Cd every song  ..eating… anything can cause a crash .. but with cell phones its like having a black box on a plane in your car so instead of guessing the kid was looking at his Cd book or eating mcd’s or what ever it was that caused the crash they know from looking at the phone pretty much what it was ..

    4. If I ever lost someone to a driver texting, I would sue that person until they were left penniless, destitute and on the street wandering around wondering what they were going to do to keep from freezing to death. 

      STOP TEXTING AND DRIVING!

    5. I would rather share the road with a drunk. At least they are trying to pay attention and have ONE eye on the road! lol. 

    6. I fully agree. $100 is hardly a deterrant for a potentially fatal crash. I say $500 for first offense, plus 30-day loss of license.  Also, a routine check of cell phone records of EVERY driver involved in a crash.

  2. a $100 fine for distracted driving is far too lenient for such a serious violation.  If the state would bump the fine up to $500-1000, I’ll bet there’d be a lot less texting on the road!  This technology has taken charge of the lives of our youth as well as adults;  it has had profound effects on our society.   But when poorly used technology starts killing people, it’s time for some serious changes to the laws.

    1. I agree.  My teenage son said that it’s impossible in high school to get a girlfriend if you don’t have a cell phone for texting………What the…………?  Obviously that would explain him being single; he doesn’t have one.   Hate the idea that people can’t just awkwardly approach someone with a question that is not “what’s your cell phone number?”  Especially when it takes lives.

      1. I agree. Also, we hope for Velvet’s recovery. Our thoughts are with her family and children.

        Carolyn

  3. All cell phones have GPS.  All they have to do is install software to not allow phones to work when moving over 5 mph. You ether have your phone reprogramed or it stops working.  PROBLEM SOLVED.

    1.  That’s an over-simplified solution that is not reasonable. What about all the passengers out there? Not only in cars but in public transportation that rely on spending their commute in communication with others. On trains, subways, taxis, buses, etc.

      1. I rode in Taxi’s, trains and subways without a cell phone and I didn’t see an issue.  We CAN get by with talking or texting someone every 5 mins.  We all used to do it all the time.

        1. Amen to that! People seem to forget that it wasn’t all that long ago that you had to actually wait until you got home to talk to someone…heaven forbid anyone should have to wait to make a call or text someone…might just miss something extremely unimportant!!

          1. We can always drive our smart phones to work I guess.  I’m sure it won’t be long before they have an app for that.

        2. Yes we did.  And we also sometimes played phone tag about important things for days.  We also were late for work because we were waiting at home until the doctor’s office, or other important person, was open and we could  reach them.  The list is endless.

          Like it or not, the reason cell phones have become indispensable is because they  serve useful purposes that go far beyond simple convenience.  I remember years ago calling the police to report a dangerous driver on the road.  AFTER I finally got to a phone 20 minutes later.   Or sending someone to find the nearest phone to call in an accident while I tried to help the accident victims.  And those wonderful days when after driving 2 hours or more back to where I worked and finding out they had another service call, etc. right in the area I was in and having to turn around and go back….

          That said, I talk on my cell phone while driving.  A lot.    I NEVER text.   Sometimes I pull off on the side of the road to write something down.  More often I tell the person I will call back because there is NO SAFE PLACE on the road I am driving on to pull over.  If I see anything happening that I may need to pay full attention to my driving I drop the phone in the passenger seat and when I can pick it up again apologize and explain.  It’s called being both realistic and responsible.

    2. I’ve been thinking the same thing. We obviously can’t rely on the public to police themselves on this issue. This can be stopped, although the solution wouldn’t be very popular. We could also put governors on vehicles to prevent insane speeds on public highways but that would be even less popular. People seem to be quite tolerant of tragedy as long as it’s not someone they love.

    3. This is incorrect. Only 3G and newer technology cell phones have GPS type capabilities.

      My phone can text, go to facebook, and all sorts of stuff– but it’s not 3G, and there’s no GPS capability.

      More importantly, if this were enacted no one could use their cell phones while being a passenger, no matter if they were riding in a car, bus, subway or train.

      There is no easy solution, education and discouragement are the best short term answers, computer controlled cars are the long term solutoin. Fines won’t work.

      1. I think that most all phones for the last 4 years or so have gps. heck even my old Razor has gps.  Just because it doesn’t have a gps app. doesn’t mean it has no gps.  They can track the location of most cell phones made in the last 4 or 5 years.  They do it by gps.  Making them unusable when moving over 5 mph IS the ONLY way ALL people will stop Texting when driving..  We just have to decide if it is worth the pain of not texting when driving to save a live.

    4. It is actually a matter of personal responsibility. You cannot legislate common sense. We have tried it multiple times and it fails each and every time.

  4. The cell phone industry including some the largest companies in the world (Apple, ATT, Verizon) will never allow any serious enforcement of anti-texting legislation.  They have too much invested in lobbyists to allow laws to hurt them economically.  If any type of jamming is proposed, or if the fines are raised to levels of OUI, you will quickly see them overturned.

    1. Jamming is NOT the solution. I do not use my cell phone while driving, period. I am not the world’s best multi-tasker and I know this, so it is not something I would attempt, even if it were legal.

      But I have broken down on the road and my cell phone then becomes invaluable. In fact, I broke down very near where this accident took place in the middle of a violent thunderstorm, with three kids in the car. Being able to call home, get help, and get all three kids home safely has convinced me that my cell phone is an integral part of any driving trip I make. But only used properly!!

    2.  The industry will fight it until some scumbag lawyer files a “class action” lawsuit on behalf of the “thousands” of people who died due to texting while driving.

  5. Can they tell if it was the driver or the passenger that was texting? It is possible that the passenger was texting and the driver fell asleep at the wheel. I think that if the driver was texting, the passenger would have seen the car heading off the road and would have screamed for the driver to apply the brakes or jerk the wheel.

    1. It is possible the surviving passenger gave LE the information that the driver was texting.

    2. I would assume the police traced the person to whom the texts were sent to and asked them.  Also possible that the passenger was either asleep or also texting and didn’t see that they were veering off the road.

  6. For people that can afford these “high tech” systems… plus the monthly charge, a $100.00 fine is a BIG JOKE!

    1. I spent a whopping $20 on my cell phone, and use cheapie service that costs less than $100/year.

      That’s a major reason why texting while driving is so big a problem— everyone can afford these distracting devices these days.

  7. “Maine joined 33 other states last year in banning texting while driving. Offenders face a minimum fine of $100”

    Maximum fine…Death.

  8. Start impounding cars and taking and cancelling cell service and blacklist people that get caught texting….that will stop the behavior…hard to text and drive if you have no car and cell phone. :)  Just an idea…and maybe 30 days in jail too…because you are wielding a dangerous weapon…aka a car…criminal threatening…Well those are my thoughts…then maybe tragedies like this can be a thing of the past.

  9. Sad.

    $100 fine might be a joke but the bigger joke is trying to ask a law enforcement officer to police it. This law has no teeth! Phones are pretty small, cars move pretty fast, the driver usually has it in their lap, and when they see a police car they usually suspend the message dialog for 5 seconds until they pass the cruiser.

    There is a law/ordinance the city of Bangor passed a couple years ago that says you can’t smoke a cigarette with a child under the age of 18 years old in a vehicle. This was passed because many people observed this behavior happening often and the majority agreed it shouldn’t be allowed. That law is easier to police then the texting law and there have been ZERO citations cut since the law went into effect. The law must have stopped people from doing it huh? C’mon.

    My point is there are many “feel good” laws out there without any real ability to police it. This law was passed hoping some would comply because most of us are law abiding citizens. This law was never really passed with the expectations of tons of summons being cut, it is way to hard to enforce. Ask a police officer, they will tell you. Ask them what training they have had to catch it in action while you’re at it.

    1. Patrolling common sense might be a little easier though, I mean hey they do roadblocks for drunk driving, maybe they should do one for quizzing people about traffic laws, get a low score your vehicle is taken unless you can find a more intelligent driver in 5 minutes or less.  

    2. I agree that these type of laws do little to alter behavior.

      What will work is advertising campaigns, public service announcements, and popular culture highlighting that it’s boneheaded and stupid to text while driving.

      1. Good response and the only solution that does not effectively punish the majority of people  who are doing nothing wrong.

  10. It is now clear that people just will not stop the seriously
    dangerous behavior.  Impound the car and
    charge one thousand dollars to get it back. 
    “Money Talks”.

  11. The time has come for cellphones to have a way to shut off texting when in a vehicle moving more then a brisk walk.

    For those that are going to jump on my statement and say how it would be unfair to passengers, all I have to say is, up until about 20 years ago we got along just fine without even cellphones and if passengers can’t wait until they get to their destination ether call and talk or walk. 

    1. Times have changed. Productivity is the key. What about people on a train, on a bus? Ever been on a NYC subway? People are using their phones for legitimate e-mail.

  12. Texting is as much an addiction as drinking maybe even worse from what I’ve seen on the road. What can really be done about it ? Its too bad people just can’t leave there cell phones alone while they are driving.

      1. in start of 1990’s  i think only the wealthy had them but 80″s there pratically none so  excuse me about 20 years
         
         

    1. That’s funny back in the 60’s my father had a car phone….guess they’ve been around a lot longer than you thought huh?

    1. It’s sad.  We have a society now that multitasking is expected.  In my job where I drive 2-4 hours a day, if I don’t call clients on the road,  I’d work 16 hours a day.  I am on salary, not a great one but it’s a job…

  13. When are people going to wake up and learn?!?  MOST accidents ARE avoidable.  Don’t drink and drive, don’t text and drive, don’t be distracted while driving, stay on your side of the road, and don’t drive like a race car driver.  Now if everyone actually did that, I would how many accidents would occur each year?   Next door to none.

  14. I hope those wanting to jam/ban cell phones aren’t the same ones who refuse to ban firearms…

    1. What a stupid comment. You do realize that firearms are protect by that little thing called the Constitution. I don’t believe cell phones are covered.

  15. I am so sick and tired of the mindless calling for higher fines or stricter laws doesn’t deter crime….strict laws and high fines deter nobody.  It allows the government to profit though.

    I define crime as any act that does injury to another person’s life or liberty or property. Therefore arresting people because they have alcohol on their breath has not prevented a real crime.  Arresting people who do not take the breath test is even worse; it is pure tyranny. There is no way to prevent crime; you can only prosecute crime.

    It is possible to DETER crime. The most effective way to do that is to have severe punishment and absolute strict liability. In other words, sending a drunk driver to jail for thirty years because he killed someone’s kids is not a deterrent. In fact, life-imprisonment does not punish the guilty person at all. The victim, through taxation, pays to house and feed the criminal for the rest of his life. The victim (or victim’s family) should name the punishment for the drunk driver. It could be death, it could be life-long servitude or massive indebtedness. Taxpayers should not be fined (in the form of paying prison fees) for those who commit crimes. The criminal should pay all costs – restitution and any additional penalties come out of HIS or HER pocket and HIS OR HER sweat and life.

  16. stupid stupid stupid…….people know that the chance of geting in an accident increases 100 fold texting and driving. Common sense is almost non-existent for most people now a days…..sad someone has to die from something as stupid as not putting down the phone for a few mins.

  17. Remember when the only form of communicating while driving was a CB and now only Truck Drivers use them….

    1. CB radio is a whole lot different than texting. You do not need to take your eyes off the road.  I think back to a few times when I stumble across a Real emergency and my cell phone would not work. I fired up my ham radio and help was on the way. What gets me is most people will not stop it see if someone needs help.

      1. True, I remember my Dad using one in his house and in his car growing up and of course long before technology gave us the cell phone. I have debated several times about putting a CB in my car or in my house, I recall 1 channel specific for emergencies, and even talking to people as far away as Virginia. I have no idea of course if the function or purpose of a CB has changed as far as distance and if emergency personnel even use it where it has been a good 15 years since I used one. I have heard mentions of the CB being more reliable still for communication in many spots where a cell phone can barley get you 1 bar. 

        1. CBs can be handy at times . A good ham radio rig (unlocked for police fire in case of emergencies) Can work any where in the State of maine where a average cell Phone will not.  If anyone wants to take that bet find me a place (that I can drive to) Pay for my gas and I will prove it.

          1. Thanks for the insight, I think I am going to look into a good ham radio rig I am confident myself that these things are still better then a cell phone and I am one who does not like ending up in a rural or wooded area and still not get coverage.

  18. I feel bad for the person who died and their family, but at least this time another vehicle was not involved as in most cases they are.  Need heavy fines and I mean heavy fines  and the law should be that if observed texting while driving police should have the authority to pull them over and serve a citation.

    Most of what they do in Washington is a laugh but this would be a great Federal Law…

  19. If you are texting while driving, a $100 fee is far, far better than this outcome.

    I see way too many people texting on the road these days. We need computer-driven cars ASAP!

  20. Cell phones are becoming a critical threat to teens (let alone adults) as any drug can. Legislation needs to tighten rules on prohibiting cell phones in schools, cars, possibly even enforce an age limit.  If not the trend is only going to continue exponentially.

  21. all cell phones detect movement. A simple addition to the phone would cause it to cut off at a certain speed. But the cell phone lobby continually pushes their dollars around Augusta and Washington to prevent this as they fear it would hurt business. Cell phone companies could care less about how many lives their equipment causes to be lost.

  22. I should think you car companies could equip all cars with and a cell phone jammer  to block all cell phone service while the engine is running and in gear.

  23. a $500 dollar fine would have done what here? or $1000.00?  people are human . they will do whatever they want if they think they will not get caught.  straight road , no traffic…..”ding” hi! 

  24. She was not the mother of 2 young girls…she was the mother of a 20 something year old girl and a 20 something year old boy!  And by the way…some of you people have absolutely no friggin heart at all!!!  Have a little bit of decency, sympathy, and consideration for her family for ******sake!!!   RIP Tracy!!!  I have many,  many memories of you and have spent many, many hours with you laughing and having fun!!  You will never be forgotten!!!  Fly with the angels!!!!

    1. I think people are not directing this at her–just using this case as an example and hoping laws will change, fines will become higher in hopes of stopping such accidents.  She certainly paid the ultimate price for texting–and I am sure she thought it would never happen to her.  My sympathies go out to her family and friends and may she rest in peace.  People are very angry that this continues to happen over and over again and people are just not learning!!!   Every time someone chooses to text and drive it not only endangers their lives but also their passengers and other people on the road.  Thank God she did not kill an innocent person.  If the story of her death stops even one person from making this same decision then her death will not be in vain.

  25. At least the passenger wasn’t killed. Although, we need to start teaching people that driving with someone who is texting is like being with someone who has been drinking.

  26. Channel 2 just reported police are not giving out tickets when they stop drivers for texting.   When people who get stopped for texting ‘and only get a warning’, these drivers tell everyone they only got a warning.  Warnings do not work, on all traffic stops for that matter. Warnings are interpreted as the police are not serious.

  27. Message to the reporter and copy desk: For a collision to have occurred, the tree would have to have been moving. Somehow I doubt it was.

    1.   Data being pushed is not necessarily being read.  Sending a text is recorded when you hit the send button.  If there is a conversation via texting, it will be available to authorities.

  28. I’d like to have one of those fcc banned cell phone jammers, I’d put it in my girfriends purse so she couldn’t call me all day. 

  29. Are they sure it was the driver texting and not the passenger with the drivers phone?  Maybe she fell asleep at the wheel. 

  30. She has paid the severest penalty there is.  I hope others with young children remember this  result before texting while driving.  Very sad.

  31. I have a great idea for an art project. Create 50 quilts in the shape of each state. On each quilt print the last text messages of every driver in that state who died while driving & texting.  I wonder how many last words were worth risking one’s life for? Anyone interested may use this idea. I won’t fuss over copyright privilege.

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