In fact, using voice-activated technology to text, tweet or email someone while driving may actually be more distracting than texting or emailing the old-fashioned way. Voice-to-text devices on cellphones create a bigger distraction for drivers than handheld use of cellphones, according to the study.
]]> Hands-free technology, including voice-activated devices, were created to decrease distracted driving and the risk of being in a car accident. However, the study reported that these devices are much more dangerous for drivers because they require the driver to focus their brain on two different cognitive tasks at the same time, incresaing the risk of getting in a car crash.The study found that drivers who talk to someone, either a passneger in the car or on the phone with either a handheld or hands-free device, had roughly a 2.5 level of distraction based on a five-point scale.
When drivers used voice-to-text devices, the drivers distraction level increased to 3.1. The study said with a 3.1 distraction level, a driver's reaction time increases from 15 percent while using a handheld cellphone to 25 percent when using voice-to-text or speech-to-talk devices.
The study shows just how dangerous new technology can be behind the wheel. Despite the best efforts of cellphone and other technology companies, using hands-free devices, especially voice-controlled devices, actually increase the risks for drivers.
Due to the increased risks of being in a car accident while using these devices, the researchers said that drivers need to be aware of the danger of using hands-free devices and not assume that it is automatically safer just because they are not using their hands. They said that anytime a driver is using their brain to do two things at once behind the wheel create a very dangerous situation.
Source: My Fox 8, "AAA: Voice-to-text devices worse driver distraction than cell phones," June 12, 2013
]]>The victim's car, a Pontiac Vibe, had come to a full stop when another vehicle, a Lincoln passenger car, driven by a 33-year-old driver rear-ended it while traveling between 60 and 65 miles-per-hour. Members of the Davidson County Rescue car rushed to pull the victim out of the wreckage and performed CPR. The victim was transported to an area hospital, but was later pronounced dead.
]]> According to evidence collected by the Highway Patrol's Reconstruction Team, the driver of the car that collided with the victim's car did not attempt to stop before the accident. In addition, eyewitness accounts, which were corroborated with evidence from the driver's phone, showed that he was texting at the time of the accident.
Legal repercussions
The driver of the Lincoln was arrested and charged with misdemeanor death by motor vehicle. He was recently released on a $10,000 bond. In addition to the criminal penalties, the victim's family has a right under North Carolina law to file a wrongful death lawsuit.
Wrongful death lawsuits are intended to compensate certain family members of someone killed by someone else's negligence. In such a lawsuit, certain relatives can recover financial losses caused by the victim's death such as medical bills, loss of income as well as other expenses.
Source: WFMY News, "Troopers: Texting to Blame For Fatal Lexington Car Accident," Morgan Hightower, May 15, 2013
]]>Many trailer accidents are caused by the utility trailer not being properly secured to the vehicle towing the trailer. With many vehicles traveling at high speeds on the highway when towing their trailers, not securing the trailer can result in a serious car accident.
]]> In the U.S., more than 16,000 people have been killed in trailer-related accidents since 1975. In 2011, 345 deaths were reported across the country. Road safety advocates are hoping that states will raise awareness to the dangers of towing utility trailers and the steps individuals can take to prevent an accident.Trailer accidents are very dangerous because if a trailer becomes detached or even if it is swinging from side to side on the road, the trailer can hit another vehicle and cause an accident. The North Carolina Highway Patrol said that many accidents are caused by safety chains not being used or not being used properly to prevent the trailer from detaching.
North Carolina has laws that regulate the use of utility trailers in the state, including what kind of trailers can be used to tow boats. The state also requires that safety chains or cables must be used because if the primary mechanism fails, the safety chains can prevent the trailer from detaching. Trailers must also have reflectors on both sides of the trailer to increase visibility on the road.
State law requires that trailers owned in North Carolina must be registered and display a registration plate. However, not all trailers are owned by someone in North Carolina and many out-of-state people travel to or through the state and may not be required to follow the same safety standards.
There are steps trailer owners can take to increase safety and prevent a trailer-related accident from happening in North Carolina. Safety officials hope that the state's laws on utility trailers as well as recent safety awareness campaigns highlighting the dangers will help prevent trailer accidents this summer.
Source: JD News, "Tragic trailer accident serves as safety reminder," Jannette Pippin, May 24, 2013
]]>Consumer safety advocates and some lawmakers believe that foreign companies should be held to the same standards as American companies, and that they should be held liable for selling defective products to U.S. consumers.
]]> That is why U.S. legislators have introduced the "Foreign Manufacturers Legal Accountability Act" to hold foreign companies more accountable for selling defective products. The bill would help injured consumers sue foreign manufacturers for manufacturing and selling dangerous and defective products. The foreign manufacturers being sued would have to register an agent in the state to service the civil and regulatory claims filed by injured consumers.Foreign manufacturers would also have to consent to state and federal jurisdiction for any claims against their company. The covered products under the bill include medical devices, drugs, cosmetics, consumer products, chemical substances, pesticides and biological products that are manufactured outside of the country.
Supporters of the bill say it will help consumers and U.S. businesses by giving consumers the ability to take legal action against foreign manufacturers for any injuries their products cause. It also helps U.S. businesses by holding all businesses to the same standard and legal consequences if they sell dangerous products in the U.S.
If the bill is passed, more consumers would be able to file product liabililty lawsuits against the companies responsible for the defective products that caused their injuries.
Source: The Madison-St. Clair Record, "New Push to Hold Foreign Manufacturers Accountable For Defective Products," Andrew Cochran, May 17, 2013
]]>The proposed bill, titled the Safe Highways and Infrastructure Preservation Act, would keep federal truck size and weight limits from increasing and close loopholes that allow companies to operate overweight trucks on U.S. roads. The bill would also create an enforcement program to crackdwon on companies that violate the size and weight restrictions.
]]> The bill was proposed to address the dangers of heavy trucks. Government reports show that roughly 4,000 people are victims of fatal truck accidents every year. Advocates for improving the safety of commercial trucks say that heavy trucks increase the risk of an accident and that a majority of the public supports weight and size limits for commercial trucks.Many families testified before Congress in support of the bill, telling them about the serious and fatal truck accidents their family members were victims of. Many truck accidents are caused by overweight and unsafe trucks, in addition to some truck drivers having medical conditions or being too tired to drive safely.
Safety advocates believe that if commercial trucks are kept from increasing in weight or size as well as improve their enforcement program, commercial trucks should become safer and fewer serious and fatal accidents will happen in the future.
There have been many proposed bills and solutions to make commercial trucks safer. Advocates and even many in the trucking industry are hoping that this bill will be passed to help pave the way to a safer commercial trucking industry.
Source: Fleet Owner, "Truck crash victims support legislation to freeze truck size and weight limits," Deborah Whistler, May 9, 2013
]]>The increase in fatal car accidents was the first time fatal traffic accidents had increased two years in a row since 2005. Government agencies are attributing the increase to more vehicles on the road as the economy continues to improve. The Governors Highway Safety Association said they were not surprised that fatalities increased among motorists as more drivers are on the road with so many different types of distractions. They also said that they expected fatalities to increase at some point because they had been declining for several years and fatalities tend to increase and decrease throughout the decade.
]]> Data from the Federal Highway Administration shows that the number of fatalities per miles traveled has also increased. They report that the number of miles traveled in 2012 increased, and that the fatality rate will also rise because of this.Since traffic fatalities increased, that means that fatal motorcycle accidents also increased in the U.S. The GHSA said they were concerned that more motorcyclists are dying in accidents compared to previous years. Reports show that motorcyclists accounted for almost 15 percent of all traffic fatalities in 2012, the highest percentage they have ever recorded.
The GHSA said that universal helmet laws could help decrease the number of fatal motorcycle accidents in the country and that states also need to make more of an effort to increase safety for these riders.
Source: USA Today, "In a sharp trend reversal, highway fatalities rise," Larry Copeland, May 3, 2013
]]>While this study is a report on truck drivers in Australia, many safety advocates in the U.S. say that sleep apnea is also prevalent among commercial truck drivers in the U.S. Sleep apnea can be a significant safety issue among truck drivers in the U.S. as tired or sleepy drivers have a higher risk of being in a truck accident.
]]> Most recently, a survey by the National Public Radio found that one-third of truck drivers in the U.S. had sleep apnea. Fatigue and sleepiness can affect all drivers, but when a professional truck driver has a sleep disorder like sleep apnea, they may be unsafe to drive a commercial truck.Fatigue caused by sleep apnea can cause truck drivers to drift off, have difficulty concentrating on the road and even fall asleep behind the wheel. This can be very dangerous and cause an accident that is more likely to be fatal due to the large size of the vehicle they are operating.
Sleep apnea has become more recognized in the medical community as well as the by the government. In fact, to address the serious safety issues truck drivers with sleep apnea may pose, the Federal Motor Carrier Safety Administration said that they are looking into developing a screening process for sleep apnea for commercial truck drivers in the U.S.
Source: Huffington Post, "Sleep Apnea Affects More Than 40 Percent of Truck Drivers, Austrailian Study Shows," Amanda Chan, April 3, 2013
]]>The study shows that a very high number of people are still driving distracted despite knowing the dangers associated with distracted driving. The study reported that 74 percent of U.S. drivers believe that hand-held cellphone use should be prohibited, and that 94 percent of U.S. drivers want texting while driving banned. If so many Americans understand the dangers of distracted driving, then why do they still do it?
]]> Roughly 50 percent of drivers reported that they talk on their cellphones while driving, with 24 percent reporting that they try making phone calls while driving. The NHTSA estimates that 102 million people are answering cellphone calls while driving and 50 million people are trying to make phone calls while driving. Despite the fact that most states allow drivers to talk on their cellphones while driving, this is a very dangerous behavior and increases the risk of being in a car accident.The NHTSA said that in 2011, more than 3,300 people were killed after being in a car crash with a distracted driver. In addition, 387,000 people were injured from these types of accidents. The main issue is that drivers do not recognize when they are exhibiting unsafe driving habits, like using a cellphone while driving, but they see the same behavior as very risk when other drivers do it.
To combat this problem and reduce car accidents caused by distracted driving, the NHTSA is urging the public to remember to put their cellphones down and out of reach when they are driving to prevent any distractions caused by cellphone use.
Source: Fender Bender, "NHTSA: 660,000 Distracted Drivers on Roads at All Times," April 12, 2013
Our law firm represents victims of car accidents. To learn more about our practice, please visit our car accidents page.
]]>Safety officials were alarmed by the findings of the study because fatigue had not been a major concern for reducing the causes of serious and fatal car accidents in the U.S. However, researchers say that fatigued drivers can be very hazardous on the road.
]]> The study reported that teenagers and young adults were more likely to be involved in a fatigued-related car accident compared to all other age groups. They said that this is because teenagers often go to bed later at night while still having to get up early in the morning to go to school or work. The study also noted that older people can also have issues with fatigue if they are often up late and work early in the morning.The most surprising finding of the study was that more fatigued-related accidents were more likely to occur during the day and not at night like many would assume. The study reported that driving fatigued can be very dangerous, and drivers who are fatigued are four times more likely to be in a car accident. The researchers suggested that through their findings, roughly 12 percent of all car accidents among the general population can be attributed to fatigue.
While the study's findings are new and different than what has been previously reported, it is not all that shocking that driving tired or fatigued would increase the risk of being in an accident. Fatigue impacts everyone differently, but it makes it difficult for people to concentrate while driving because they are more focused on trying to stay awake than on safe driving behaviors.
In addition, fatigue can cause many drivers to believe that they are okay to drive because they may not be able to tell how tired they really are, making them more likely to be unaware of potentially dangerous or risky behaviors while behind the wheel.
Researchers said that they will continue to study fatigue and the impact it has on car accidents as well as ways to prevent fatigued individuals from driving.
Source: Newswise, "Researchers Sound Alarm on the Role Fatigue Plays in Crashes," April 15, 2013
]]>Low bridge strikes are when a truck hits a bridge it was driving under and they can be very dangerous to everyone on the road. That is why the Federal Motor Carrier Safety Administration has issued recommendations to use proper GPS devices as well as require GPS training as part of a commercial truck driver's certification program to prevent future truck accidents.
]]> The recommendations include that commercial drivers be trained and educated on the GPS systems that specifically designed for the commercial industry. It is important that truck drivers use these devices because they take into account the size of the truck and what routes are safe for them to travel on, thus reducing the risks of a commercial truck crashing into bridges or low overpasses.The FMCSA said they have already issued a two-part process for implementing the training for low bridge strikes. First, they distributed their recommendations to the commercial trucking industry. Their recommendations include tips and instructions for commercial drivers to use the proper GPS system.
The second part of the process will be implemented through last year's highway funding bill that created a new entry-level certification program for commercial drivers in the U.S. The new requirements for the certification program include a GPS training requirement to make sure commercial drivers are aware of the risk of low bridge strikes and how to prevent these types of accidents from happening.
If the FMCSA recommendations are successful, fewer commercial trucks should be hitting bridges and low overpasses in the future.
Source: Truckinginfo, "FMCSA Announce Steps to Reduce GPS-Caused Bridge Strikes," March 12, 2013
]]>Distracted driving continues to cause car accidents. In fact, one in four car accidents is attributed to a driver using a cellphone, according to the NSC. Using a cellphone while driving is very dangerous because it takes the driver's attention away from the road.
]]> While a majority of safety campaigns have focused on the dangers of texting while driving, all types of cellphone use while driving is considered dangerous. This includes using hands-free devices because it still diverts the attention of the driver to something other than driving.Studies have shown that hands-free cellphone devices do not offer any safety benefits and are just as big of a distraction for drivers as regular cellphones. The NSC cited studies that have found that regardless of what kind of cellphone or device a driver is using, his or her attention is focused on a conversation instead of focusing on the road and where other vehicles are.
Distracted driving is a serious safety issue for all drivers, which is why April was designated as Distracted Driving Awareness Month. Drivers should keep this in mind while driving and make an effort to reduce all of their distractions while driving, which includes putting down the cellphone while behind the wheel.
Source: EHS Today, "Keep Your Eyes (and Mind) on the Road: April is Distracted Driving Month," Laura Walter, April 1, 2013
]]>Their latest safety test found that a majority of commercial trucks in the U.S. are unable to prevent cars from sliding under the back of the tractor trailer in a trucking accident. Commercial trucks are required to have underride guards along the back of the vehicle to prevent vehicles from going underneath the trailer.
]]> The safety test found that underride guards were able to prevent fatalities when the car hit at least 50 percent or more of the underride guard on the back of the trailer. However, when the car hit less than 50 percent of the underride guard, often at one of the sides of the trailer, the consequences were devastating to the passengers in the car.The study found that rear-ending tractor trailers on one side of the underride guard resulted in such serious head and neck injuries that any passengers in the car would be killed. This was found to be true even when the car was going as slow as 35 mph during an accident.
The IIHS issued a recommendation to the National Highway Traffic Safety Administration to increase their safety standards regarding underride guards on commercial trucks. However, the NHTSA has yet to revise any of their standards. The NHTSA said that they are currently working on ways to improve underride guard protection on commercial trucks and that the public should know that their safety is their top priority.
While the NHTSA is working on improving the safety of commercial trucks, car accidents involving rear-end collisions with tractor trailers continue to happen. In 2011, 260 people were killed in truck accidents that involved vehicles going underneath the truck's underride guard. That number has decreased from 460 reported in 2004 but officials attribute the decrease to the recession and fewer miles travelled by all drivers.
Public safety officials say that more needs to be done to prevent these types of accidents from occurring as well the NHTSA needs to improve safety standards for commercial trucks operating in the U.S.
Source: USA Today, "Insurance institute warns truck guards allow crashes," Larry Copeland, March 14, 2013
]]>A study by the Centers for Disease Control and Prevention found that 69 percent of drivers admitted to using their cellphone while driving during the past month. In addition, 31 percent of those drivers also admitted to texting while driving during the same month.
]]> The CDC said that this was a 22 percent increase in the number of drivers texting while driving during the last two years. This is a significant safety issue in the U.S. as texting while driving and other distracted driving behaviors continue to cause serious and fatal car accidents in North Carolina and in the U.S.The CDC reported an increase in fatal car accidents caused by distracted driving from 2010 to 2011. They said the number of fatalities caused by distracted driving increased by 1.92 percent in 2011. While the number of fatalities caused by distracted driving increased, the total number of car accident deaths in the U.S. actually decreased in 2011, which is good news but the CDC is still concerned over the threat cellphone use poses for drivers.
The CDC said that cellphones remain a threat to all drivers and that they can cause fatal accidents. Texting while driving is considered one of the most dangerous behaviors a driver can do and it turns people into reckless drivers because it takes their attention off the road completely.
Safety groups are hoping that new awareness campaigns can reach more drivers and finally decrease the number of traffic fatalities caused by cellphone use and other distracted driving behaviors.
Source: AOL Autos, "More Than Ever, Americans Texting Behind the Wheel," Pete Bigelow, March 15, 2013
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]]>In 2010, 2,700 teens between 16 and 19 were killed in car accidents, the Centers for Disease Control and Prevention reported. In addition, over 282,000 teens were involved in car accidents resulting in injuries that required medical treatment during that same year.
]]> Why are teenage drivers more likely to be involved in a fatal car accident? Researchers suggest that there are several factors that continue to contribute to the high fatality rate for teen drivers. Some of the most common reasons for fatal car accidents involving teens include:Teens continue to have the highest car accident fatality rate despite many states passing graduated driver licensing laws that limit when teens can drive and who they can ride with. Unfortunately, it may be a while before the teen car accident fatality rate declines due to the several safety issues that need to be addressed among teen drivers.
Source: CNN, "Fatal wrecks underscore risks for young drivers," Tom Watkins, March 12, 2013
]]>The commercial truck driver was deemed unsafe by the FMCSA after he said he lost consciousness while driving, causing his commercial truck to crash and kill a state trooper in Illinois. An investigation later found that the driver did not disclose during his medical examination that he had a disqualifying medical condition and that he was taking medication to treat the condition, making him a danger on the road.
]]> Commercial drivers are required to undergo medical examinations before they can obtain their CDL, which is required to drive commercial trucks. If the medical exam shows that a driver has a medical condition that could make them unsafe on the road, they are not supposed to receive a medical certificate allowing them to receive their CDL.A report by the Government Accountability Office said that many commercial drivers had potentially unsafe medical conditions that would disqualify them to drive commercial vehicles. Unfortunately, many commercial truck drivers with disqualifying medical conditions have still been obtaining their medical certificates and continue to drive on U.S. roads putting the public at risk. The GAO said that more than 200 commercial drivers were still driving in 2011 even though they had epilepsy, which is a disqualifying medical condition.
To address the problem of unsafe truck drivers still getting their medical certification to drive, the Department of Transportation issued new rules that require physicians who perform commercial drivers' medical exams to be trained, tested and certificated according to a national standard to make sure those with disqualifying medical conditions are not driving. The DOT is also requiring commercial drivers to give state driver licensing agencies a copy of their medical certification before they can obtain their CDL.
The DOT is hoping that these changes will help address the safety concerns in the commercial trucking industry and prevent future accidents involving unsafe truck drivers and the public.
Source: Truckinginfo, "Is a CDL worth someone's life?" Feb. 26, 2013
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