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Driving Distraction
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A day ago, I was writing about the dangers of using a cell phone while driving. This is so serious it has now been designated “high risk behavior” by the National Safety Council and is considered as dangerous as driving drunk. Once you see all the research laid out in front of you, you can’t escape the conclusion that talking on the phone while driving is a very risky business. While the conversation is a distraction, so is the actual act of pulling it out of purse or pocket, dialing, looking at the screen – pursuits that take our eyes and attention from our driving. In other words you have to give it your attention, and that is the distraction that can cause accidents. A TIME magazine article details the results of a Virginia Tech study of truck driver distractions and concludes it doesn’t take much time for a distraction to turn into a disaster. Cell phones pose a more serious distraction when people are texting on their phones while driving. Texting means typing and typing means looking at a keyboard. That means the driver is distracted, not looking out for pedestrians, other vehicles or obstacles.
A law that went into effect January 1 in California makes it illegal to send text messages while driving.
On a federal level, in July, four U.S. senators pushed for a bill to ban texting while driving, a day after a study found that drivers who text while on the road are much more likely to have an accident than undistracted drivers.
Senators Chuck Schumer, D-New York; Robert Menendez, D-New Jersey; Mary Landrieu, D-Louisiana; and Kay Hagan, D-North Carolina, unveiled the ALERT Act, which would ban truck and car drivers and operators of mass transit from texting while driving.
The legislation they proposed would prohibit any driver from sending text or e-mail messages while driving a vehicle, said a news release from the senators.
If the bill passes, the Department of Transportation will be asked to set the minimum standards for compliance.
Texting while driving seems to be the ultimate distraction, and a no-brainer that it should be outlawed.
In addition to cell phones and texting, there are other things that can distract a driver.
According to the National Highway Transportation Safety Administration and Virginia Tech Transportation Institute study, the principal action that causes distracted driving and leads to vehicle crashes is cell phone use, followed by:
- reaching for a moving object inside the vehicle
- looking at an object or event outside of the vehicle
- reading
- applying makeup.
The California Department of Motor Vehicles says that distractions come in three flavors: visual (eyes off the road), cognitive (mind off the road), and manual (hands off the steering wheel). In a recent scanning of headlines, we noted that:
- A motorcyclist was struck and killed in May 2009 by a automobile driver who admitted she was painting her fingernails at the time of the crash.
- In June, a 55-year-old man struck and killed a boy scout leader and one of three scouts in the car. The distraction in that case was a dog who jumped into the driver’s lap while he was driving his motor home near Verona, Wisconsin.
- On March 16, 2009, an Evansville Indiana mother of six and grandmother of four was killed after a driver of the car behind her reached for a tissue to kill a spider and read-ended her vehicle. She died in the hospital shortly thereafter.
- Swatting at a bee, shushing kids in the back seat, checking a map, opening a bag of chips or tightening the lid on a latte—all are innocent activities that can turn lethal if they take the driver’s attention away from the road.
Drive safe.
Attorney Charles J. Hausmann August 27, 2009 |
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Researchers at the University of Utah tell us that driving while using a cell phone is as dangerous as drunk driving. In that article, Psychology Professor David Strayer, the study's lead author, is quoted as saying: “Just like you put yourself and other people at risk when you drive drunk, you put yourself and others at risk when you use a cell phone and drive. The level of impairment is very similar.” This isn’t a scolding. I know how tempting it is to use our drive time to take care of business or talk to spouses, kids and friends. However, cell phones are a hot topic of discussion and for good reasons. Here are some statistics from the National Safety Council, the organization that promotes research on issues that affect our health and safety. Credible research means we are getting facts…not just someone’s opinions. The facts speak for themselves Here are some of their conclusions: - Using cell phones while driving is a high risk behavior. It has significant impact on crashes. More than 50 different scientific studies have identified the risks associated with cell phone use while driving.
- More than 100 million people use cell phones while driving. An insurance company’s public opinion poll showed 81 percent admitted to talking on a cell phone while driving.
- The Harvard Center for Risk Analysis estimates the annual cost of crashes caused by cell phone use to be $43 billion.
- Drivers who use cell phones are four times more likely to be in a crash while using a cell phone. (This is from the New England Journal of Medicine’s examination of hospital records and a 2005 Insurance Institute for Highway Safety study linking crashes to cell phone records.)
- Cell phone use contributes to an estimated 6 percent of all crashes, which equates to 646,000 crashes, 330,000 injuries, 12,000 serious injuries and 2,600 deaths each year. (Harvard Center for Risk Analysis).
- Talking on a cell phone is significantly more dangerous than talking to a passenger while driving, according to research done by the University of Utah.
How Dangerous Is It? There isn’t much debate among people who are researching this topic—driving and cell phones don’t mix. Using a cell phone while driving is as dangerous as driving drunk. If you are wondering why you haven’t heard more about this, there is a report that the National Highway Traffic Safety Administration gathered hundreds of pages of research and warnings about the hazards of drivers using cell phones, but, according to a July 21, 2009 Associated Press story, it withheld the information from the public partly out of fear of angering Congress. Critics say that the failure of the Transportation Department to pursue the role of driving distractions in car crashes has resulted in traffic deaths and allowed multitasking while driving to grow. The research findings were obtained by the Center for Auto Safety and Public Citizen through Freedom of Information requests. Draft recommendations from NHTSA included that "drivers not use these devices when driving except in an emergency." Legislation forbidding the use of hand-held cell phones while driving was not recommended because it does not address the problem and may instead lead drivers to think handsfree phones are safer. The problem is that a cell phone conversation takes the driver's focus off the road, the studies showed. As personal injury lawyers, our firm often has to determine what factors really caused a client’s injury. In some cases, police records report if the at-fault driver was using a cell phone when he struck my client. In other cases, it is not mentioned. Although the driver might not admit to using a phone while driving, cell phone records can be checked and we can establish whether there was cell phone usage at the time of the accident. The team at Hausmann-McNally, S.C. will work to determine whether cell phone use was a factor and whether it can be considered as evidence of driver negligence. If it was, it is another piece of strong evidence we can bring into the courtroom. Showing that the defendant was negligent and distracted enhances a personal injury lawyer’s case. Attorney Charles J. Hausmann August 27, 2009 |
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