Boston Car Accident Lawyer Blog

After losing her father in a distracted driving incident, a Massachusetts woman is now making it her mission to put an end to the selfish and costly choices drivers make behind the wheel.

The public service announcement brings to light the victims of both sides of this tragic story, beginning with a testimony by the driver of the vehicle Kate McGuire, 17, who killed Howard Stein while using her car’s GPS. Stein was pulled over on the side of the road checking a load of materials in his truck when McGuire veered into the breakdown lane and struck him. Stein was a father, husband, and soon to be grandfather.

“I wasn’t texting. I wasn’t using my cellphone, but I killed someone,” McGuire said in the PSA.

Stein’s daughter is also seen in the PSA, calling the death of her father and distracted driving incidents in general “silly and so simply unnecessary.” Stein’s story is part of a National End Distracted Driving campaign which is led by Joel Feldman who lost his daughter in a distracted driving incident in 2009. The campaign calls for education of drivers and action by lawmakers to stiffen enforcement to ultimately help change drivers’ behavior.

DISTRACTED DRIVING STATISTICS
With the integration of technology into vehicles, seemingly more and more people are driving distracted. According to the NHTSA, distracted driving accidents account for 20% of all motor vehicle accidents in the United States. In 2012, more than 420,000 people were injured in accidents where a driver was distracted-a 9% increase from 2011. Additionally, 11% of drivers under age 20 who were victims of fatal crashes were reported as distracted at the time of the accident. The NHTSA also reports that at any given moment, 660,000 drivers in America are using cell phones or an electronic device. Engaging in a visual distraction, such as texting, emailing, or manipulating a GPS increases the likelihood of a car accident by 3 times!
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Drowsy driving is a serious problem, and one that continues to be on the rise in the United States. To demonstrate this problem, Clayton Morris from Fox and Friends acted as the test subject in a controlled driving experiment conducted at Virginia Tech last week.

During the experiment Morris was asked to drive with a team of researchers after he had stayed awake for a full 24 hours. The car Morris drove was specially designed to track his eye movements and head positioning. After less than 20 minutes driving on the road, Morris showed trouble keeping his speed above 35 mph, and over the course of about 1 hour, the research team recorded 24 instances when Morris showed decreased driving ability. The test serves as a prime example of how dangerous drowsy driving is and how greatly driving fatigued can impact driving ability.

There are a multitude of risk factors that cause drowsiness, including chronic sleepiness caused by frequent lack of sleep, acute sleep loss, and work shifts. A variety of circumstances can account for acute sleep loss like taking care of children, vacations, short-term work demands, and social events. Irregular work schedules, late night or overtime shifts may throw off a person’s internal clock and lead to increased sleepiness. The amount of time a person spends behind the wheel can also contribute to their level of fatigued. Tractor-trailer drivers, for example, often experience fatigue because of the many hours they spend on the road. But a lack of sleep is not the only reason for drowsiness. Potent medications like sedatives, antidepressants or antihistamines used to treat allergies and colds, and even alcohol consumption can influence levels of tiredness.

It is incredibly important to be vigilant of dangerous drivers and be aware of your own driving habits, especially in Massachusetts where traffic is now at an all-time high and Boston is surrounded by major roadways. According to the NHTSA, drowsy driving accounts for more than 100,000 motor vehicle accidents per year; which translates to 40,000 injuries and 10,000 deaths annually. Unlike drunk driving accidents, where a driver’s blood alcohol content can be measured, there is no objective way to measure how tired a person is.

Drowsy driving has been deemed just as dangerous as drunk driving, as serious fatigue has been shown to affect a person’s judgment, reaction time, awareness, and their alertness. Common indicators of drowsiness are frequent yawning or blinking, difficulty remembering the last few miles driven, missing an exit, drifting between lanes, and driving over the rumble strip.
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Though it may be years before it comes into effect, your car may eventually be “smart” enough to know when you’re intoxicated, and whether you’re sober enough to get behind the wheel. Researchers in the auto industry are currently working to develop two different technologies that could automatically detect blood-alcohol content (BAC) either through touch or through breath. Researchers and executives at traffic safety research institutes see this new technology as a positive approach to preventing drunk driving, and alcohol-related accidents.

Recently, the National Highway Traffic Safety Administration has extended its agreement with automobile manufacturers to develop the Driver Alcohol Detection System for Safety (DADSS). When installed, the system will detect if your BAC is above the legal limit (0.08%) and prevent you from driving if it is over that limit. Unlike current alcohol-detection technology, which requires a driver to blow into a tube and engages an ignition interlock system for impaired drivers (usually outfitted in vehicles of drivers who’ve been convicted of a DUI), the DADSS technology will be less obtrusive.

Senior Vice President for communications at the Insurance Institute for Highway Safety Russ Rader, referred to current devices as “clunky” and “unreliable,” and said that this new developing technology aims to “stop a drunk driver from getting on the road in the first place, rather than arresting them after the fact, or worse yet, after a crash.”

Statistically, alcohol plays a factor in more than 30% of fatal car crashes. In 2012, according to the NHTSA, fatal drunken driving crashes topped 10,000-a 5% increase from the year before.

J.T. Griffin, chief government affairs officer for Mothers Against Drunk Driving, says the DADSS project stems from a five-year, $10 million cooperation agreement signed in 2008 between NHTSA and the Automotive Coalition for Traffic Safety (ACTS), made up of 15 auto manufacturers. Extended for five years at the end of last year, the program will benefit from $6.5 million is committed research from these manufacturers.
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Northbridge, MA police reported that a pedestrian was fatally injured last week after being struck in a crosswalk by an elderly driver who did not stop.

Police located the car and driver nearly three miles away; ten minutes after the accident had occurred. Investigators called the incident a “low speed accident.” The accident remains under investigation, but the police have since suspended the driver’s license.

There is a nationwide stigma about elderly drivers and the risk they pose to others on the road. Just like teenage drivers, elderly drivers are especially vulnerable to motor vehicle accidents. In December of 2013, the National Highway Traffic Safety Administration announced a five-year strategic plan to improve safety for elderly drivers and passengers.

Though the elderly demographic are statistically among the safest on the road, the number of older drivers (defined as age 65 and older), has increased by 20% and the number of licensed older drivers increased by 21% — to 35 million in 2012 according to NHTSA. In 2012, NHTSA reported that more than 5,500 older drivers died and 214,000 were injured in car crashes; a 3% increase in fatalities and 16% increase in injuries as compared to 2011. That includes an increased risk of death and serious injury in even low-severity crashes, NHTSA said. According to a report by USA Today, elderly drivers are less likely than other drivers to be in crashes involving high speeds or alcohol, but they are more likely to crash at intersections where they miss a stop sign or turn left in front of oncoming traffic.

Responding to the data figures, NHTSA has launched a new five-year strategic plan that would increase the safety of elderly drivers and passengers. The plan will encompass three key areas:

1.) Vehicle safety, particularly with regard to advanced technologies such as vehicle-to-vehicle communications, collision avoidance and crashworthiness; that’s in addition to upgrades to NHTSA’s New Car Assessment Program, including the new “Silver” rating system for protection of older occupants.

2.) Data collection, for which NHTSA intends to refine its systems as it continues to examine crash rates and injuries, as well as clinical and naturalistic studies of physical, cognitive and perceptual changes associated with drivers’ behavior as they age.

3.) Driver behavior, for which NHTSA will focus efforts on public education and identifying issues pertaining to at-risk drivers’ functional changes such as vision, strength, flexibility and cognition. This effort includes the all-new Older Driver Highway Safety Program Guidelines.
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