Over one-third of all work-related fatalities stem from motor vehicles. According to data kept by the U.S. Bureau of Labor Statistics, over 1,300 American workers are killed each year in highway crashes. Over 300 more American workers die each year in crashes that occur on company property, or non-highway roads. And nearly 350 American workers die each year when, as pedestrians, they are struck by cars and other vehicles.

This cost in human life is astounding – and these do not even include the thousands of U.S. workers injured or disabled by work-related motor-vehicle crashes each year.

Yet there is another level of cost, as well. Motor vehicle accidents cost American employers almost $60 billion each year. Each fatality, in addition to the very real personal costs, costs employers over a half a million dollars, while non-fatal motor vehicle injuries cost employers almost $75,000 each.

As our car accident attorneys know only too well, unlike other types of on-the-job injuries, motor vehicle accidents span nearly every job type and industry.

Lack of Regulation

Perhaps most obviously, professional drivers (such as bus or truck drivers) may be involved in on-the job crashes.  But nearly every other type of worker may, frequently or from time to time, driver a work-owned or personal vehicle for purposes of their employment. For example, workers may be sent to call on current or prospective customers or clients, may be asked to drive to purchase or obtain goods or supplies, or may be sent on other errands.

While bus and truck drivers are heavily regulated to prevent crashes, workers who drive smaller vehicles in the course of their employment need only have a valid personal driver’s license.

In this regulatory gap, employers can enact policies that will help reduce the risks for their employee drivers and the public. For example, employers can enact policies that aim to eliminate or reduce distracted driving, a principal roadway risk. Employers can prohibit workers from eating or drinking while driving, talking on cell phones, or texting.

Our car accident attorneys encourage all employers to enact such policies, and provide regular safe-driving training for all employees who drive on the job. In fact, the failure to adopt such policies, particularly when driving is a common part of some employees’ job duties, may well be negligent. If you have questions about how to draft or implement such policies, talk to a qualified attorney.

If you have any questions about a serious injury or wrongful death, please give us a call us at 312-527-4500 or email us at info@passenlaw.com for a complimentary consultation. You can also learn more by following us on Twitter, reviewing our LinkedIn or Avvo.com pages, and by reviewing our website.

See chart from The University of North Carolina Highway Safety Research Center addressing the types of distractions facing drivers.

Understanding Distracted Driving

The new series, titled “Understanding Distracted Driving,” is made up of a series of individual videos featuring NSC Senior Director of Transportation Initiatives, David Teater. But Teater is far more than just a talking head.

To the contrary, Teater knows only too well the true personal costs of distracted driving. Teater’s 12-year-old son was killed by a distracted driver in a tragic car crash.

In others, he answers typical questions about distracted driving, provides analysis on how cell phones can cause cognitive distractions, even when used hands-free, and provides advice on how companies can reduce the dangers of distracted driving for their employees.

There are a number of laws in place in Chicago and statewide which prohibit or limit distracted driving. Drivers are banned from using cell phones while driving in the city, for example. Likewise, throughout the state, cell phone use is banned in school zones and construction zones. Texting while driving is also banned, under any circumstances, statewide. And school bus drivers, as well as drivers under 19 years of age, may not use cell phones while driving.

But the reality is far more complex. Those who live or work in Chicago know that the law prohibiting cell phone use is honored more in the breach than in the observance. This is often the case as to the cell phone restrictions statewide, as well.

The true reality is that, while many now know of accidents caused by distracted driving, they do not believe it can happen to them. We urge all drivers to view the Understanding Distracted Driving video series, and to take its messages to heart.

We likewise urge those injured by distracted drivers to take action against the negligent drivers responsible for their injuries. While public awareness campaigns have failed, perhaps the risk of civil liability will succeed to deter drivers from these dangerous behaviors.

If you have any questions about a motor vehicle accident, please give us a call us at 312-527-4500 or email us at info@passenlaw.com for a complimentary consultation. You can also learn more by following us on Twitter, reviewing our LinkedIn or Avvo.com pages, and by reviewing our website.

Park Ridge, a suburb in northern Cook County, Illinois, follows procedures where a majority vote of aldermen is required to advance any measure or ordinance to the full city council.  The measure banning non-hands-free cell phone use, unfortunately, failed on a tie vote.  The three aldermen opposing the measure stated that they believed such a measure would be either unenforceable or selectively enforced.  Our personal injury lawyers take issue with this reasoning, since the City of Chicago and federal government (with respect to commercial truck drivers) has already passed similar bans.

Shockingly, Alderman James Allegretti based his vote against the measure on an illogical rejection of the facts demonstrating the dangers of distracted driving.  After the vote, Alderman Allegretti specifically stated his disbelief of the studies demonstrating that driving while using a handheld cellphone is as dangerous as driving drunk.  He stated that, “People pull these things out of who knows where.  I don’t know that these statistics are valid.”

Alderman Allegretti should be ashamed of letting his own ignorance stand in the way of critical safety legislation.  The study to which he refers looked at the rate of accidents among drivers using a handheld cellphone, and found that accidents occur four times as frequently when a handheld cellphon is used.  They also looked at accident data involving drunk driving, and found that drivers who are intoxicated also have an accident rate about four times greater than sober drivers.  People, Alderman Allegretti included, simply choose to believe that, because these two behaviors “feel” very different to them, they cannot have the same result.  Perhaps this is why 81% of Americans still persist in this behavior.  But an individual’s uninformed opinion of the risks simply cannot change the data.

The Aldermen who supported the measure, by contrast, are well informed.  The measure itself cites a 2008 study by the National Traffic Safety Institute, a 2006 study by the University of Utah, and the related comments of U.S. Secretary of Transportation Ray LaHood.  These Aldermen also have anecdotal evidence of the dangers of distracted driving.  One of them, Alderman Donald Bach, stated that he was nearly struck on his way to the meeting at City Hall by a woman driving while talking on a handheld cell phone.

This inaction is particularly frustrating as the measure itself, which should be staightforward and noncontroversial, has been under debate for nearly nine months.  And the City Council did not even take independent action in starting the debate:  a resident, Stephanie Kunz, had to ask them to consider such action.  Ms. Kunz should be proud of her concern and initiative.  The council should be chagrined that it was required.

At the same time, the city council considered a resolution asking the Illinois general assembly to pass a statewide law banning cell phone use that is not hands-free.  This measure also failed on a tie vote.  Interestingly, however, the Aldermen supporting each of the two rejected measures opposed the other.  Alderman Robert Ryan, who supported the local ordinance but voted against the resolution seeking action in Springfield, explained his position with words that ring true to many:  “I don’t expect our state to take a leadership position on a whole lot of stuff right now.”

Springfield might soon be fiscally motivated to take action, however.  The Senate Commerce Committee recently entertained legislation, called the Distracted Driving Prevention Act, which would provide grants to states who enact state legislation banning texting and the use of handheld cellphones, and the use of any cellphones by those under 18.  Chicago auto accident attorneys have previously urged the Senate to pass this legislation as soon as possible, and continue in our support of the bill, and of state action regardless of whether the federal bill is passed.

There is still some hope for both failed Park Ridge measures.  One Alderman, Thomas Carey, was absent from last Monday’s meeting.  Thus, with his support the measures could potentially be revived and advanced to the council.

Park Ridge is, sadly, not alone in its inaction on this crucial issue.  Very few Illinois municipalities have taken action to ban driving while talking on a cell phone.  Among those that have are Chicago itself, as well as Evanston and Winnetka.  There is now, however, a state ban on driving while texting, which is at least a step in the right direction.

Regardless of the enforceability of such laws, they are absolutely crucial.  First and foremost, their passage sends a powerful message, and may help to deter distracted driving.  Additionally, however, the presence of such laws on the books makes it easier for the victims of distracted driving to obtain compensation in a civil action.  It is important that victims of car accidents caused by distracted drivers bring such actions, and with competent, experienced counsel such as the attorneys at Passen Law Group.  Perhaps, if enough verdicts are won, drivers will begin to take notice and put down their smartphones.

For a free consultation with an experienced Chicago personal injury lawyer at Passen Law Group, call us at (312) 527-4500.