Motor Vehicle Cases

January 13, 2010

1,600,000 Crashes From Cell Phone Use and Texting While Driving

The National Safety Counsel announced yesterday that it estimates at least 28% of all traffic crashes – or at least 1.6 million crashes each year – are caused by drivers using cell phones and texting.

From the organization’s press release:

The estimate of 25% of all crashes — or 1.4 million crashes — caused by cell phone use was derived from NHTSA data showing 11% of drivers at any one time are using cell phones and from peer-reviewed research reporting cell phone use increases crash risk by four times. The estimate of an additional minimum 3% of crashes — or 200,000 crashes — caused by texting was derived by NHTSA data showing 1% of drivers at any one time are manipulating their device in ways that include texting and from research reporting texting increases crash risk by 8 times. Using the highest risk for texting reported by research of 23 times results in a maximum of 1 million crashes due to texting; still less than the 1.4 million crashes caused by other cell phone use.

December 30, 2009

Ambulance Driver Crashes Into TDOT Help Truck – Is There an Incapacitated Driver Defense?

by The Law Offices of John Day, P.C.

David Cline, the paramedic who was killed when the private ambulance he was driving slammed into the back of a TDOT roadside help truck on Interstate 65 on October 22, 2009, had a history of medical problems, including narcolepsy and epilepsy. Investigators are unsure why Cline left the highway but believe that the he suffered a "seizure or some type of medical condition that [incapacitated] him and led to the fatal crash, according to the final report released by Metro Nashville Police Department on December 28, 2009. The story was reported in The City Paper.

The article reports that "after performing a toxicology examination, police determined Cline had an elevated level of amphetamines in his bloodstream from his prescribed medication for narcolepsy, Adderall. The same report did not find indications his prescribed epilepsy medication, Depakote, was in his system." The article also reports that

Cline did have previous incidents involving seizures and car crashes. On Christmas Day 1999, Cline ran off the road and struck a utility pole after he had a seizure, and following the incident, his driver’s license was suspended. His credentials were reinstated in March of 2000. He suffered another seizure while working his day job as a Franklin firefighter, "three or four years prior" to the deadly crash.

December 11, 2009

Fatal Car and Truck Crashes By Young Drivers

by The Law Offices of John Day, P.C.

NHTSA has released a report concerning fatal crashes by young drivers. The report shows that

Youths 15 to 20 years old represented 9 percent of the U.S. population in 2007 and 6 percent of the licensed drivers; however, 19 percent of the fatalities in the United States in 2007 were related to young-driver crashes.
Approximately two-thirds of the people killed in fatal young-driver crashes are the young drivers themselves or the passengers (of all ages) of the young drivers.
Of the passengers killed riding in vehicles with young drivers, 67 percent are in the same 15-to-20-year-old age group as the drivers.
Fifty-six percent of the fatal crashes and 57 percent of the fatalities involving young drivers occur on rural road-ways.
In 2007, 6,982 young drivers were involved in 6,669 fatal crashes. A total of 7,650 fatalities occurred in those crashes.
The 2007 National Occupant Protection Use Survey (NOPUS) states that overall restraint use has increased slightly from the previous year, to 82 percent. However, belt use among people 16 to 24 was only 77 percent. In 2007, of the 15- to 20-year-old passenger vehicle occupants killed in all fatal crashes, 61 percent (of those whose restraint use was known) were unrestrained. Of the total fatalities in which restraint use was known in 2007, 54 percent of the vehicle occupants killed were unrestrained.
In 2007, 31 percent of young drivers 15 to 20 years old who were killed had blood alcohol concentrations (BACs) of .01 grams/deciliter (g/dL) or greater, and 26 percent of young drivers had BACs of .08 g/dL or greater. These figures are relatively similar to the overall driving population in which 37 percent involved BACs of .01 g/dL or greater and 32 per-cent involved BACs of .08 g/dL or greater in 2007.

December 9, 2009

Alcohol Impaired Drivers Continue to Kill

by The Law Offices of John Day, P.C.

According to NHTSA’s National Center for Statistics and Analysis there were 1035 people killed on Tennessee roads in 2008. Of those fatalities, 327 of them involved at least one driver who had a blood alcohol level of 0.8 or greater.

This is an alcohol-related death rate of .47 people per 100 Million Vehicle Miles Traveled (VMT). The death rate per VMT is down 11.3% from a year earlier.

In 2008, Montana had the highest alcohol-impaired fatality rate in the Nation – 0.84 fatalities per 100 million VMT while Vermont had the lowest rate in the Nation – 0.16 per 100 million VMT.

November 17, 2009

Motorcoach Safety Action Plan

by The Law Offices of John Day, P.C.

The United States Department of Transportation has adopted the Motorcoach Safety Action Plan following an analysis of safety data. DOT has identified seven priority action items that will have the greatest impact on reducing motorcoach crashes, fatalities and injuries. The items include the following:

Rulemaking concerning electronic on-board recording devices to monitor drivers’ duty hours and manage fatigue.
Rulemaking to prohibit cell phones for drivers.
Rulemaking to require seatbelts.
Development of roof crush performance requirements.
Study stability control systems for motorcoaches.
Enhance oversight of carriers.
Establish minimum knowledge requirements for companies who seek to transport passengers.

Read the entire report here.

November 13, 2009

Inflatable Seat Belts?

by The Law Offices of John Day, P.C.

Ford Motor Company has announced that is bringing to market the world’s first automotive inflatable seat belts, combining attributes of traditional seat belts and air bags to provide an added level of crash safety protection for rear seat occupants.

“Ford’s rear inflatable seat belt technology will enhance safety for rear-seat passengers of all ages, especially for young children who are more vulnerable in crashes,” said Sue Cischke, Ford group vice president of Sustainability, Environmental and Safety Engineering. “This is another unique family technology that builds on our safety leadership, including the most top safety ratings of any automaker.”

Ford will introduce inflatable rear seat belts on the next-generation Ford Explorer, which goes into production next year for the North American market. Over time, Ford plans to offer the technology in vehicles globally.

November 11, 2009

Motorcycle Deaths and Injuries

by The Law Offices of John Day, P.C.

811208 The National Highway Traffic Safety Administration (NHTSA) recently released a report titled "Motorcycle Helmet Use and Head and Facial Injuries." The Report has a lot of data on motorcycle crashes and the injuries the result, comparing the injuries received by those wearing helmets and those that do not.

Here are a few highlights from the report:

The combined data set contains information on 104,472 motorcyclists involved in crashes in these 18 States during the years 2003, 2004, and 2005.
In the data set, 57 percent of motorcyclists were helmeted at the time of the crashes and 43 percent were non-helmeted. For both groups, about 40 percent of motorcyclists were treated at hospitals or died following the crashes. However, 6.6 percent of unhelmeted motorcyclists suffered a moderate to severe head or facial injury compared to 5.1 percent of helmeted motorcyclists.
Fifteen percent of hospital-treated helmeted motorcyclists suffered traumatic brain injury (TBI) compared to 21 percent of hospital-treated unhelmeted motorcyclists. TBI severity varied by helmet use. Almost 9 percent of unhelmeted and 7 percent of helmeted hospital-treated motorcyclists received minor to moderate TBI. More than 7 percent of unhelmeted and 4.7 percent of hospital-treated helmeted motorcyclists sustained severe TBI.
As of 2007, fatalities had increased for the 10th year in a row, an increase of 144 percent compared to 1997. While there has also been an increase in motorcycle registrations during this period, the rate of increase in fatalities has been greater than that of registrations.
This increase in deaths has been especially marked among riders 40 and older, who now constitute approximately half of all deaths. In 1997, this older group accounted for 33 percent of rider deaths, but had grown to 49 percent by 2007. Although fatalities increased in all age groups, the largest increase has been in the group of riders over the

November 10, 2009

Seat Belt Use Continues to Increase

by The Law Offices of John Day, P.C.

The use of seat belts continues to increase in the United States.

Seat belt use in 2009 stood at 84 percent, a gain from 83 percent use in 2008. This result is from the National Occupant Protection Use Survey (NOPUS) which is the only survey that provides nationwide probability-based observed data on seat belt use in the United States.

Vehicle occupants in Tennessee and other southern states continue to use seat belts at a level less than the national average (82%). Those in pickup trucks have the lowest rate of use (74%).

November 5, 2009

More on Dangers of Texting While Driving

by The Law Offices of John Day, P.C.

I have written before about the dangers of texting while driving (here is a post about the danger of posed when truckers text and drive), and the Tennessee Legislature recently outlawed the practice.

Here is a game developed by the New York Times that demonstrates the danger.

October 2, 2009

More Information About Texting and Use of Cell Phones While Driving

by The Law Offices of John Day, P.C.

There was a big conference in Washington, D.C. this week that addressed cell phone use and texting and how these practice impaired a driver’s ability to focus on the safe operation of his or her vehicle.

The two-day summit brought together safety experts, researchers, industry representatives, elected officials and members of the public to share their expertise, experiences and ideas for reducing distracted driving behavior and addressing the safety risk posed by the growing problem across all modes of transportation.

Department of Transportation Secretary LaHood announced new research findings by the National Highway Traffic Safety Administration (NHTSA) that show nearly 6,000 people died in 2008 in crashes involving a distracted or inattentive driver, and more than half a million were injured. On any given day in 2008, more than 800,000 vehicles were driven by someone using a hand-held cell phone. To further study how cell phone distraction affects commercial truck and motor coach drivers, Secretary LaHood also announced a new study the Federal Motor Carrier Safety Administration (FMCSA) is undertaking this month through June 2010. The study will help FMCSA better understand the prevalence of cell phone distraction in conjunction with crashes and near-crashes.