PA Why do we have auto accidents?

 

Over the years numerous studies have been conducted by various organizations concerning the major causes of automobile accidents. We all know some of the contributing factors – speeding, reckless driving, alcohol, drugs, driver inattention, driver fatigue and auto defects. 

However, recent studies now show that driver inattention is becoming more and more of a major contributor to crashes on our highways. The National Highway Traffic Safety Administration (NHTSA) estimates that between 25% and 30% of police-reported crashes involve some form of driver inattention. 

Driver distraction is one form of inattention. Distraction occurs when something inside or outside the auto attracts the attention of the driver and the driver is delayed in recognizing the information needed to safely accomplish the driving task. 

According to a study by the University of North Carolina Highway Safety Research Institute, the major sources of distraction are:

§          Paying attention to an outside person, object or event.

§          Adjusting the radio, CD player or GPS.

§          Talking to or paying attention to another occupant in the auto.

§          Adjusting the auto’s temperature.

§          Paying attention to another object in the auto.

§          Smoking related.

§          Using a cell phone. 

This study also revealed that certain types of distractions were more prominent in certain age groups. For example:

§          Under age 20 – Adjusting the radio or CD player.

§          Ages 20-29 – Paying attention to other occupants (e.g., young children).

§          Age 65 and older – Paying attention to outside persons, objects or events. 

The issue of driver distractions caused by cell phones and other hand-held devices (e.g., Blackberries, Palm Pilots, etc.) has become more prevalent as a contributor to driver distraction. The survey conducted by NHTSA found that nearly 75% of drivers reported using their cell phone while driving. 

Several states have enacted legislation banning the use of cell phones while driving. There has even been federal legislation introduced to require all states to adopt cell phone restrictions or lose federal highway funding. So far this legislation, at the federal level, has been unsuccessful. 

Many auto manufacturers are providing hands-free devices such as General Motors’ OnStar feature. But, does a hands-free cell phone cause less driver distraction than a hand-held cell phone? A National Safety Council study found that regardless of whether a hand-held or a hands-free cell phone was used, driving performance was still compromised. In other words, the conversing on the phone was what caused driver distraction. 

Should this increase in driver distraction caused by cell phones concern the employers of the individuals using the phones? What about the parents of teenagers who talk on the phones? What are their obligations? What are their vicarious responsibilities? 

Can an employer enact a cell-phone policy to restrict them from potential lawsuits? Or will such policies be an admission that the employer recognizes the potential dangers when they supply an employee an auto and a cell phone and require they stay in contact with the office and with their customers? What about employee privacy rights? 

There does not appear to be a single answer to all of these questions. Some employers have adopted a prohibited-actions section in their employee handbook. Others have developed a safe-driving rules manual. These actions are aimed at establishing rules for employee use of cell phones and the consequences for violating the rules. 

A new term has been introduced to us in recent years – multi-tasking. I believe that means to be doing more than one thing at a time. It appears to me that these studies are showing that we can’t multi-task while driving.

Jerry Milton, CIC, contributed this resource. The legal profession recognizes him as an expert on insurance coverages. He is also an education consultant for IA&B, working with CISR, CIC and continuing education programs.

This document is not a legal opinion and should not be relied upon as such. The intent of this document is to provide a general background regarding the topic or topics discussed, not to provide legal advice. Producers and agencies should consult an attorney regarding specific situations and specific questions with respect to the topic or topics covered in this document. Neither the Insurance Agents & Brokers nor any of its employees shall be responsible for any errors or omissions regarding any statements made in this document, nor any errors or omissions regarding any statutes, regulations, court rules, and/or any other government documents cited in this document. © Insurance Agents & Brokers – All Rights Reserved     December 23, 2008                   http://www.iabgroup.com/pa/library/coverage_issues/auto/why_accidents.asp

Content Management Powered by CuteNews