By now, we have all heard about the fatal crash that Bruce Jenner was recently involved in.  As with most sensationalized media reports once the buzz dies down the facts start coming to light.

There has been much speculation about the cause of the crash and whether cell phone usage played any role.  Those facts are yet to be determined, but what we have learned is that the tragic accident was a multi-car rear-end collision.   According to the National Highway Traffic Safety Administration, rear-end crashes are the most frequently occurring type of collision in the US, accounting for approximately 29 percent of all crashes, and resulting in a substantial number of injuries and fatalities each year

The Sheriff’s department investigating the crash reported that on the afternoon of Saturday, February 7th, on the Pacific Coast Highway in Malibu, the driver of a Toyota Prius either stopped or slowed down and was hit from behind by a white Lexus. Jenner, who was driving a black Cadillac Escalade and towing an off-road vehicle, rear-ended the Lexus, which sent the Lexus into oncoming traffic. The Lexus was then struck by a Hummer H2.

The driver of the white Lexus, Kim Howe, 69 was killed in the crash, while all others received little to no injuries.

The Sheriff’s office has reported that as with any fatal accident the investigation could take up to six months before a final determination of fault, if any, is made in this case.

Investigators are working on obtaining cell phone records from the drivers; including Jenner, as California law prohibits driving while reading, writing or sending text messages. It also requires drivers to use hands-free equipment while talking on the phone.

In our line of work here at The Russo Firm, we see a multitude of motor vehicle accidents involving cell phone usage. Whether it is texting or talking on the phone, it’s a major distraction that can prove fatal.  State laws vary on their cell phone and driving laws.

 In Florida texting and driving is a secondary offense, meaning that a driver cannot be pulled over for the sole reason of texting and driving, they must first be pulled over for a primary offense such as failure to stop at a stop sign and then they can be issued citations for both.  

This may change soon however, as several bills have been filed for the 2015 legislative session that would make texting while driving a primary offense in Florida, rather than secondary.

Supporters of the bill claim that presently, there is basically no enforcement of the current texting law and that's why the change is necessary.

We at The Russo Firm, stand firmly against texting and driving – we have seen the devastation it can leave in its wake.  No text is worth putting your life or the lives of others in danger.  The Russo Firm has locations throughout the State of Florida and in New York and California. For more information, they can be reached at 844-847-8300 or you can visit their website at