There is no question that a driver under the influence of alchohol or drugs is impaired and a menance to the general public. Crackdowns against these type of irresponsible individuals who inflict unmeasured amounts of heartache and damage to innocent drivers and pedistrians have started to have an impact. The number of drunk driver/impaired auto collisions are lower now. Unfortunately, for many drivers, especially younger ones, impairements to the safe operation of a motor vehicle is occuring from the use of either hand held phones and most importantly, even hands free devices.
 
Recent studies conducted at the University of Utah concluded that even hands-free, voice activated technologies increasingly being used to access email or social media represent “significant impairments to driving that stem from the diversion of attention from the task of operating a motor vehicle.” As pointed out by David Lazarus, a columnist for the Los Angeles Times, Listening to the radio or talking with a passenger isn’t the problem. However, talking on a cell phone or devoting attention to voice-activated devices poses an extensive safety risk. Not only for the driver distracted but for everyone else on the road. The number of vehicles that can send voice activated messages will increase to over 60 million by 2018. Yikes!
 
The same outcry by organizations such as Mothers Against Drunk Drivers needs to be mobilized, to educate all drivers, but especially newer ones, that this type of activity can have deadly consequenses. The penalties set by the California Legislature have been insufficent at the present time to have had real impact in reducing this type of conduct. It appears on only be getting worse.
 
It may very well be that only after substantial jury awards are rendered against distracted drivers that the auto insurance industry will start imposing coverage restrictions and other penalties related to this type of conduct that will encourage drivers of all ages to pay attention to what they are doing and not allow themselves lulled into a false sense of security by engaging in hands free activities that impair their ability to safely drive their vehicle. There may also be liability against individuals who insist on texting individuals who they know are driving at the time they are texting back their responses. This is one type of conduct that should require common sense restrictions instead of expanding tort liability. As a personal injury attorney for over thirty years I have seen the terrible consequences that happen to innocent third parties and to the defendant drivers themselves due to the responsible driver just not paying attention. Driving too fast, while distracted because they had to respond to a text, email, or phone call that just couldn’t wait. It may be time to decide how to spread the word and reinforce the attitude that maybe we all need to take our time when engaged in certain types of potentially hazardous activities,like driving. Even paying 100% attention while driving on most of our freeways during rush hour or other times is no guarantee that collisons won’t occur. It’s really up to what conduct we are willing to accept as reasonable. That maybe it’s better to arrive safely at your destination and then return whatever message was received rather than jepardizing those motorists on the road travelly alongside you.
 
If you have been the victim of a distracted driver please contact me to discuss the options available to you in pursing the appropriate claim against all of the responsible parties for the drivers loss of control.

Photo Credits: VCU CNS, Flickr.