In 2010, United States Secretary of Transportation Ray LaHood announced anti-distracted driving regulations for commercial truck and bus drivers and rail operators. In September, 2011, the National Transportation Safety Board (NTSB) called for more action to be taken to reduce distracted driving accidents. It issued recommendations to forbid all commercial drivers from using cell phones while driving.
Anti-Distracted Driving Initiatives and Enforcement
The National Highway Traffic Safety Administration (NHTSA) and Network of Employers for Traffic Safety (NETS) announced in late 2010 that nearly 1,600 companies and organizations nationwide had adopted distracted driving policies. These policies reached approximately 10.5 million workers. An additional 550 organizations had committed to adopting policies before the end of 2011, which will cover another 1.5 million employees.
Two rules proposed at the 2009 Distracted Driving Summit have been adopted: banning commercial bus and truck drivers from texting on the job and restricting train operators from using cell phones and other electronic devices while in the driver's seat. In 2010, LaHood announced new rulemaking efforts to prohibit commercial truck drivers from texting while transporting hazardous materials.
LaHood says that while good laws are important, enforcement is key to preventing car, bus and truck accidents caused by distracted driving. He praised police efforts in the year-long "Phone in One Hand, Ticket in the Other" pilot enforcement campaign, which has already reduced distracted driving behavior. Before and after two week-long waves of enforcement in Hartford, Connecticut, and Syracuse, New York, NHTSA observed driver cell phone use and conducted surveys regarding public awareness at driver licensing offices. NHTSA found that:
- Hand-held cell phone usage decreased by 56 percent in Hartford
- Hand-held cell phone usage dropped 38 percent in Syracuse
- Texting while driving declined 68 percent in Hartford
- Texting while driving was diminished by 42 percent in Syracuse
LaHood has not yet pressed the automobile industry to address hands-free phone services and other electronics that some say distract drivers on the road, but he has suggested that companies sponsor public service announcements or advertisements to raise awareness about distracted driving.
2011 NTSB Recommendations on Distracted Driving
In September, 2011, the National Transportation Safety Board (NTSB) called for the government to do more. It recommends banning commercial drivers from all non-emergency cell phone use.
The chairman of the NTBS, Deborah A.P. Hersman, stated, "Distracted driving is becoming increasingly prevalent, exacerbating the danger we encounter daily on our roadways. It can be especially lethal when the distracted driver is at the wheel of a vehicle that weighs 40 tons and travels at highway speeds."
Distracted Driving Damages
There were approximately half a million people injured in crashes involving distracted drivers in 2009 and nearly 5,500 distraction-related fatalities — roughly 16 percent of overall traffic fatalities in that year. LaHood says researchers believe distracted driving is a larger problem than the numbers suggest, since police reports in many states do not routinely document whether distraction was a factor in crashes.
A study by the National Safety Council's Journal of Safety Research concludes that any time spent using a cell phone, including a hands-free device, detracts from the brain's ability to focus on safe driving. Thus, cell phone use results in:
- More accidents and driving errors
- Impaired reaction times
- Slower overall vehicle speeds
A distracted driver who causes a car crash may be liable to the victims for medical expenses and other damages, including loss of wages. A personal injury attorney can help determine whether the driver was distracted at the time of the accident by requesting cell phone call records, text records and e-mail logs, and by examining reports.
Beyond Cell Phone Use: Other Forms of Distracted Driving
Distracted driving encompasses more than cell phone usage, with GPS devices, MP3 players and other electronics competing for a driver's attention.
For example, one driver was distracted when his laptop began to fall from the passenger seat. With his eyes off the road to catch his computer, he did not realize that traffic had stopped; he hit a truck, which then hit a family in the crosswalk, killing their 4-month-old girl. He was charged with misdemeanor vehicular manslaughter and faced up to one year in prison.
Ascertaining whether a driver was distracted can be difficult. Review of police and eyewitness reports may reveal indications of distraction, such as a failure to observe the speed limit, failure to follow traffic signals or lane drift. An experienced car accident lawyer has the tools to discover this evidence and protect a victim's rights throughout settlement or at trial.
If the distracted driver was driving within the scope of his or her employment, it may be possible to seek damages from the employer as well. A lumber wholesaler in Arkansas reportedly paid millions in damages to a woman who was severely disabled in a car accident after one of the wholesaler's employees hit her car while talking on his cell phone.
There is no way to guarantee recovery after a debilitating car accident, but speaking with a distracted driving attorney can help an accident victim understand his or her options.
