Articles Posted in Automobile Accidents

Distracted driving is an epidemic and apparently no one is immune. According to a recent study, 90 percent of parent drivers have engaged in distracted driving with their child in the car with them. The distractions range from talking on the phone, texting while driving, handing a child food or a toy, interacting with the vehicle’s navigation system, etc.

The dangers of this type of behavior are two-fold: First, as any parent can attest, children tend to mirror their parent’s behavior. If parents engage in distracted driving, children are more likely to model that type of behavior when they begin driving. Second, distracted driving is dangerous and the cause of many avoidable accidents. In 2012, 421,000 people were injured in car wrecks involving distracted drivers, an increase of nine percent from the previous year. And each year, more than 130,000 children under the age of 13 seek emergency room treatment for injuries sustained in a car accident.

If you or a loved one has been injured in a car accident, contact us for a free, no obligation evaluation of your case. Call us any time at 615-742-4880 or toll-free at 866-812-8787.   We handle all accident cases on a contingency basis.

Have you seen cars driving around Nashville decked out with a fuzzy pink mustache? The pink mustache is the logo, if you will, for Lyft, a ride-sharing service. Lyft, Ubert and Sidecar all operate in much the same manner.  For Lyft, individuals who need transportation can summon a driver by using their phones — the companies have apps for their services. A pre-screened driver then picks up the individuals and takes them to their destination. The driver does not charge a fare but instead takes a "donation." The cost associated with these types of ride-sharing services has been estimated to be 30% less than a traditional taxi, which is wonderful for the consumer.

But there are some questions related to these services. While these ride-sharing services are quasi-taxis, they are not currently subject to a number of regulations applicable to taxis and limousines. For instance, the drivers do not have to have chauffeur licenses. While the vehicles must be a 2000 model year or later, the vehicles are not subject to inspections. Unlike Nashville taxis, there is not presently a requirement that they be licensed by the city’s Transportation Licensing Commission.

And then there is the issue of liability and insurance. Lyft’s website indicates that it does criminal background checks and Department of Motor Vehicle checks for all of its drivers. These checks are designed to weed out drivers who have been convicted of a DUI, a violent crime, etc. Lyft also requires its drivers to have the state minimum in insurance coverage and then Lyft has its own, additional $1,000,000 liability coverage. 

While knowledge may be power, it does not necessarily translate into positive action as evidenced by a recent study from Liberty Mutual Insurance and SADD (Students Against Destructive Decisions). According to the study, most teens understand the dangers associated with drinking and driving and texting and driving, but they continue to engage in these behaviors. The study also shows teenagers have an alarming definition of what constitutes a designated driver.

The report showed almost all teenagers (96%) understand the distraction associated with texting and driving or talking on the phone and driving. In fact, 62% of teenagers agreed that it is very or extremely distracting. Yet, 86% of teens still do it. The same applies to drinking and driving. While 86% of teenage drivers think drinking and driving is very or extremely distracting, more than two-thirds of the teenagers who admit to doing it also admit to doing it after consuming more than three alcoholic beverages.

As for the concept of a designated driver, 21% of teens think that means the driver is "basically sober," i.e., the driver can have some alcohol as long as they do not become too impaired. 4% of teens think a designated driver means selecting the most sober person in the group to drive. These numbers show us just how much more needs to be done to get teenager drivers to comprehend just how lethal these behaviors can be. Talk to your kids, model good behavior (i.e., don’t text and drive yourself), use an app that will auto-respond to incoming texts to let the sender know the receiver is driving or consider using a device like CellControl. 

According to the Centers for Disease Control and Prevention, teenage drivers (age 16 to 19) are three times more likely to be involved in a fatal crash than drivers over the age of 20.  In the face of these statistics, the Wisconsin Senate has passed a bill which would limit the amount of money a person could recover from a negligent teenage driver’s parents.    

Currently, in Wisconsin, parents are responsible for any harm caused by their child who is under age 18. In fact, the teen driver must be sponsored by a parent who actually signs for the teen to be allowed to obtain a license and agrees to be responsible for the harm caused by the teenager.  Under the proposed legislation, parents would only be responsible for up to $300,000.00 for the harm caused by their teenage child. 

So let’s assume, the teenage driver was texting and crosses the center line and kills another driver and renders the passenger a quadriplegic.  The damages would be capped at $300,000 even though the medical bills and future care for the passenger would be in the millions of dollars and someone lost their life due to the teenage driver’s negligence.  

If you are of a certain age, you probably remember the Jetsons, a Saturday morning cartoon about the future, in which George Jetson drove a vehicle that flew, basically drove itself and avoided crashes with other vehicles and things. Well, according to the United States Department of Transportation, we may soon have cars and trucks that are one step closer to the Jetsons’ vision.

Yesterday, the Transportation Secretary announced it will move forward with vehicle-to-vehicle crash avoidance systems in cars and trucks. The systems use short distance radio networks that can send signals up to 300 yards. Cars and trucks equipped with the crash avoidance systems would essentially talk to one another and provide information about speeds, position and direction. If the crash avoidance system detected an imminent collision, an alarm would sound. In some cases, the warning alarm would sound even before the other vehicle was in view. In terms of timing, the Department of Transportation hopes to have a proposal in place before 2017.

Of course, the system’s effectiveness will be diminished until most vehicles on the road are equipped with the technology.  But, this could be a significant step forward in crash protection. And, it comes at a good time. After several years of decline, fatal car accidents increased to 33,561 in 2012. (2013 numbers are not available yet).