Teen Drivers - The Dangerous Days of Summer Driving

By Daniel Clayton posted in Car Accidents 

For young drivers, May marks the beginning of the season of high danger. It’s prom and graduation time, when many teenaged drivers receive expanded driving privileges. It’s also near the start of summer vacation, when the stakes are extremely high for young drivers.

That’s why the period between Memorial Day and Labor Day has been dubbed by auto club AAA and Volvo as “The 100 Deadliest Days” for teen drivers.

Seven of the 10 deadliest days of the year for teens fall between those holidays, according to AAA. July and August are the deadliest months for 16- and 17-year-old drivers, according to the AAA Foundation for Traffic Safety.

This year, the deadly season for young drivers rolls around at a time when there is growing research by the AAA Foundation and others that the young drivers who engage less frequently in risky driving behavior are those who spend the most time talking about driving with their parents. The research also shows that more needs to be done to encourage those talks on safety: Vehicle crashes are still the leading cause of death for young Americans.

This year, the deadly season for young drivers rolls around at a time when there is growing research by the AAA Foundation and others that the young drivers who engage less frequently in risky driving behavior are those who spend the most time talking about driving with their parents. The research also shows that more needs to be done to encourage those talks on safety: Vehicle crashes are still the leading cause of death for young Americans.

On an average day in the USA, more than 11 teens die in crashes. In 2010, the four deadliest months for teen crash deaths, in order, were August, July, May and June, according to the Insurance Institute for Highway Safety, an insurance trade group.  Many times these wrecks are the result of distracted driving, driver error or driver fatigue.

So this month lends urgency to that discussion – call it The Conversation – between parents and their young drivers. “Parents’ involvement and influence in the teen driving experience can literally mean the difference between life and death for their child,” says Susan Duchak, who leads The Allstate Foundation’s teen safe driving program.

Source, http://www.usatoday.com/news/nation/story/2012-04-24/teen-driving-safety-conversation/54941864/1?loc=interstitialskip

Tags: Teen Drivers, Distracted Drivers, Car Accidents

Cracking Down on Texting and Driving in Tennessee

On behalf of Daniel Clayton posted in Car Accidents on Friday, May 11, 2012

Even though it is against the law in Tennessee to text while driving, sadly many teen drivers still skirt the rules by sending off a quick message. This post specifically talks about teen drivers.  However, I recognize that adults text while driving at an alarming rate too.  In my law practice, I have seen the devastating consequences of drivers texting while driving.

Of course, Tennessee is not unique in this regard, and rather teen drivers around the country choose to talk or text while driving. However, it does appear that even though many still participate in this distracted driving behavior, more and more teens are acknowledging — and in some cases — even speaking out against using a phone to text, or talk, while driving.

According to a recent survey by Consumer Reports magazine, the majority of drivers between the ages of 16 and 21 reported knowing that texting while driving is dangerous. However, 29 percent still admitted that they had texted while behind the wheel in the past month.

And while this certainly does show a disconnect between realizing a behavior is dangerous and doing it anyway, the good news is that many drivers did report lessening or all together stopping their distracted driving behaviors due to the known danger. Additionally, texting bans and family members asking them to stop using their cellphones while driving also reportedly played a role in the decrease.

Another surprising find in the survey was that younger drivers are less likely to text or talk on a cellphone if they have a friend in the car. Of course, one could look at this as not wanting to be rude, or already engaging in conversation with their passenger. But, 50 percent surveyed said they had personally asked a driver to stop using a phone while driving due to safety reasons. This could lead one to believe teen drivers are listening to their teen friends and not using their phone.

Source: The Wall Street Journal, “Young Drivers Can’t Resist Text in Cars,” May 8, 2012

Tags: Car Accidents, Cellphone Use, Distracted Drivers, Teen Drivers, Texting and Driving

posted in PERSONAL INJURY | tagged CAR ACCIDENTS, CELLPHONE USE, DISTRACTED DRIVERS, TEEN DRIVERS, TEXTING AND DRIVING

Reducing Distractions for Commercial and Truck Drivers

Posted on behalf of Daniel L. Clayton, selected as the ‘Nashville Best Lawyers Medical Malpractice Law – Plaintiffs Lawyer of the Year’ for 2012, in motor vehicle accidents

According to research conducted by the Federal Motor Carrier Safety Administration (FMCSA), drivers of commercial vehicles are three times more likely to be involved in a crash if they are reaching for a cell phone or similar object. That accident risk increases to six times more likely if the drivers are dialing. It is clear; when drivers of commercial vehicles such as large trucks and buses take their eyes off the roadways, the outcomes can be deadly.
To decrease distracted driving accidents stemming from cell phone use, the FMCSA and the Pipeline and Hazardous Materials Safety Administration (PHMSA) have issued a joint final rule banning drivers from use of hand-held cell phones while operating commercial motor vehicles.
When announcing the new regulation last fall, U.S. Department of Transportation Secretary Ray LaHood said, “I hope that this rule will save lives by helping commercial drivers stay laser-focused on safety at all times while behind the wheel.”
Effective January 3, 2012, the new rule carries stiff federal penalties for drivers and companies who violate the law. For each offense, drivers will face a civil penalty of up to $2,750. If a driver commits multiple offenses, s/he may be disqualified from operating commercial vehicles. More specifically, drivers who commit two serious violations within a three-year period will be disqualified for commercial driving for at least 60 days. With three or more violations in three years, the penalty extends to 120 days of disqualification.
In addition to federal efforts, states have stepped up to stop distracted driving, too. Though no state has completely banned the use cellular telephones, many states have enacted laws preventing the use of cell phones in certain commercial vehicles such as school buses and motor coaches.
Carrier companies who fail to enforce the Federal Motor Carrier Safety Regulations (FMCSRs) and Hazardous Materials Regulations (HMR) will not go unpunished. Specifically, companies that allow drivers to use hand-held mobile devices while driving may be fined up to $11,000.
The mobile telephone rule allows drivers of commercial vehicles to use hands-free devices including wired or wireless earpieces to initiate, answer or end a call by touching a single button. Drivers are also allowed to use other push-to-talk communications equipment as long as it does not require drivers to remove their eyes from the roadways and allows them to communicate without having to hold, dial or reach for the device.
Source: “Starting Jan. 3, Commercial Drivers Banned from Hand-Held Cell Phone Use,” Business Fleet, 12/28/11

Posted in Uncategorized|Tagged Distracted Drivers, motor vehicle accidents|Leave a comment

Truck Drivers Using Cell Phones - Ban It

Posted on behalf of Daniel L. Clayton, selected as the ‘Nashville Best Lawyers Medical Malpractice Law – Plaintiffs Lawyer of the Year’ for 2012, in Trucking Accidents

After a tragic truck accident, the National Transportation Safety Board asked the federal government to make a law that would ban all truckers from using cellphones. That request became a reality when the federal government enacted a handheld cellphone ban for all commercial vehicle drivers.
Under this new ban, those truck drivers who are caught talking on their cellphone while driving can be fined up to $2,750. Additionally, trucking companies can also get in trouble for allowing their drivers to talk on the phone while driving. According to sources, if it’s learned that a company is allowing the use of handheld cellphones, the company can end up being fined up to $11,000.
This cellphone ban also includes all commercial vehicle drivers, like truck drivers, taxi drivers, limousine drivers and bus drivers. However, while handheld phones are banned, drivers can still use hands free phones.
And while the ban does come with some pushback from truck drivers who claim their phones are their only way to connect with family and maintain contact with the rest of the world, some companies are totally on board with the idea. One taxi company owner said that even before the ban, he never allowed his drivers to talk on their phones while driving.
“You take your eyes off the road for a second and anything can happen,” the owner said.
The hope is that with this ban, drivers will not be driving distracted by their cellphones. In turn, this could result in less truck accidents in not only Tennessee, but around the rest of the country too.
Source: KAAL, “Federal Law Bans Handheld Cell Phones,” Gordon Severson, Jan. 4, 2012

Tags: Cellphone Use, Distracted Drivers, Trucking Accidents

Posted in Truck Accidents|Tagged Cellphone Use, Distracted Drivers, Trucking Accidents|Leave a comment