Distracted Driving

Published on: March 20, 2009

Distractions Increase Risk of Pedestrian Accidents

At our Georgia personal injury law firm, we’ve seen the consequences of being distracted behind the wheel through cell phone use, changing CDs etc., and the devastating motor vehicle accidents these behaviors can cause. A new study shows that these distractions are just as dangerous for their ability to cause pedestrian accidents.

Research is being conducted at the Ohio State University to determine the effect that the use of electronic devices, including cell phones and MP3 players has on pedestrians.According to this report, incidents of distracted pedestrians being hit by cars and even trains are becoming more frequent.

Multitasking is a fact of modern life, and pedestrians who can’t fight the urge to slip on their headphones or stay in touch with the office on their cell phone are at an increased risk of being involved in an accident.We don’t think twice when we see a pedestrian walking with his headset on, swaying to the music, but researchers and doctors are worried that the distractions caused by the use of such electronic devices are severe enough to be a health hazard. The number of pedestrians being rushed to emergency rooms with injuries sustained being struck by vehicles while they were talking or text messaging on their cell phone or listening to music, have increased.These pedestrians are at a high risk of being unable to hear a car horn, or notice a motorcycle making a turn just ahead of them.It’s not just those walking on the streets that are at risk from such distractions. In the last two months, at least two people in North Carolina alone were killed as they walked on train tracks with music playing on their headsets.They failed to hear the train engine as it came hurtling towards them.

Published on: January 15, 2009

Safety Group Calls for Nationwide Cell phone Ban While Driving

by Robert N. Katz, Esq.

The National Safety Council is calling for a ban on all kinds of cell phone usage behind the wheel to prevent traffic accidents, but Georgia’s state authorities still don’t seem to have received the message that driving and cell phone use just don’t go well together.

Cell phone use while driving is rampant and clear to see on Atlanta’s streets, where only school bus drivers are banned from using cell phone devices while driving.Now, the National Safety Council has called for a nationwide ban on all cell phone usage behind the wheel, including hand held and hands free devices, to prevent the growing number of accidents that can be traced to drivers distracted using their cell phones.Currently, no state completely bans cell phone usage while driving, but California, New Jersey, New York, Washington, Connecticut and Utah enforce a ban on hand held cell phone usage. National Safety Council president Janet Froetscher isn’t impressed with such measures – she says that the issue isn’t whether your hands are free to drive, but that your head is engaged in the conversation you’re having on the cell pone. That is what causes accidents, and not the actual act of holding the phone.

Georgia lags behind most states in the kind of cell phone driving legislation it has in place.Representative Matt Ramsey (R-Peachtree City) is currently working on plans for legislation that will ban cell phone use for drivers under the age of 18.According to Rep Ramsey, the under-18 age group is the most vulnerable because they are still learning the ropes of correct behavior behind the wheel, and also because distractions are a major cause for accidents involving teens. Violators would receive a first time fine of $175 and a $500 fine for additional offenses.

Published on: February 22, 2008

Million Dollar Personal Injury Settlement by Distracted Driver

by Robert N. Katz, Esq.

Cell phone liability is back in the news again. Last week the Fulton County Daily Report highlighted the recent International Paper personal injury settlement. International Paper ( "IP") paid out $5.2 million to settle a personal injury suit for an automobile collision that an IP employee caused by talking on a cell phone.

IP employee Vanessa McGrogan was talking on her company-supplied cell phone when she rear-ended a vehicle driven by Debra Ford. The collision pushed Ford into a ditch on the right side of the road. The car overturned and dragged the driver’s side across the roadway. Ford’s arm was caught between the door and the asphalt. Ford, a widowed mother of four, had to have her arm amputated at the shoulder.

McGrogan had her cruise control set at 77 mph. In addition to this, she was talking on her cell phone to the point of distraction. The plaintiff raised the issue of intentional negligence. The trial court in ruling on a motion for partial summary judgment allowed the plaintiff to seek punitive damages. The case was set for trial in March and settled this month.

Published on: November 12, 2007

Sleeping Truck Drivers Cause Accidents

by Robert N. Katz, Esq.

November 11, 2007

Last week the Center for Disease Control (CDC) celebrated Drowsy Driver Prevention Week.Interestingly, in a poll conducted as part of their education campaign, 47 percent of commercial truck drivers admitted to having fallen asleep while driving a truck during some point in their career.

In a study conducted of the sleep patterns of long haul truck drivers and printed in the New England Journal of Medicine, drivers obtained between 4 and 5 hours of verifiable sleep during the course of driving ten-hour days in a five-day period.Most people need between 7 and 9 hours of sleep per night.Thus, fatigue and sleep deprivation constitute significant safety issues for long haul truck drivers.

Published on: October 29, 2007

Cell Phone Use Causes Auto Accident

by Robert N. Katz, Esq.

October 29, 2007

Recently, the Georgia Court of Appeals reversed a grant of summary judgment to the defendant in an interesting case involving the use of a cell phone by an employee enroute to work.In Hunter vs. Modern Continental Construction Company, the employee shift supervisor was enroute to work when he was involved in a car accident with the plaintiff.Plaintiff sought to bring her lawsuit against not only the driver/supervisor, but his employer as well.

The employer moved for summary judgment (a dismissal of the case before it gets to trial) on the basis of established case law that driving to and from work is an act for the employee’s own purposes and not in pursuit of the employer’s business.