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New Distracted Driving Data Shows Emergency Responders At High Risk

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April is Distracted Driving Awareness Month, and the National Security Council (NSC) released new data this week that explores added transportation risks when emergency responders are en route to provide aid. It is clear that the mere presence of emergency personnel on the road can cause distractions for drivers and bystanders. To date, 16 emergency responders have been struck and killed by vehicles this year in the United States.

According to a survey released jointly by the NSC and the Emergency Responder Safety Institute (ERSI), 16 percent of respondents said they either have struck or nearly struck a first responder or emergency vehicle stopped on or near the road. Yet still, 89 percent of drivers say they believe distracted motorists are a major source of risk to first responders.

Key findings included:

  • 71% of drivers take photos and text while driving by emergency responders on the side of the road (this drops to 24% under normal driving conditions)
  • 60% take time to post to social media and 66% email about the situation
  • 80% admit to “rubbernecking” – that irritating, but also risky, practice of slowing down all traffic to get a better look
  • 49% say that possibly being struck by a vehicle is “just part of the risk” of being a first responder

As part of its #justdrive campaign, NSC has developed a free Safe Driving Kit to help employers keep their workers safe and is hosting a webinar on April 23, titled “You’re Not As Safe As You Think You Are,” to educate employers on the real risks of distracted driving and what safety-forward companies are doing to combat them.

“The cruel irony is, we are putting the people who are trying to improve safety in very unsafe situations,” said Nick Smith, interim president and CEO of the NSC. “Our emergency responders deserve the highest levels of protection as they grapple with situations that are not only tactically difficult but also emotionally taxing. Save your communications for off the road; disconnect and just drive.”

Already on the NTSB’s List

Earlier this year, Risk Management Monitor reported on the National Transportation Safety Board’s (NTSB) Most Wanted List of transportation safety improvements for 2019-2020, and “Eliminating Distractions” for all vehicle drivers is at its top.

In 2016, more than 3,100 fatal crashes on U.S. highways were attributed to driving-while-distracted. These crashes involved 3,210 distracted drivers, according to the National Highway Traffic Safety Administration (NHTSA), because some of them involved more than one distracted driver. Furthermore, the Virginia Tech Transportation Institute concluded that commercial drivers are at extremely high risk of a crash when texting—23 times greater than when otherwise engaged.

The NTSB states:

Contributing to the problem is the widespread belief by many drivers that they can multitask and still operate a vehicle safely. But multitasking is a myth; humans can only focus cognitive attention on one task at a time. That’s why executing any task other than driving is dangerous and risks a crash.

Personal electronic devices (PEDs), such as cell phones, are one of the greatest contributors to driver distraction and the NTSB recommends banding all PED use on U.S. roadways. The District of Columbia and 37 states restrict the use of cell phones by novice drivers, and 47 states, DC, Puerto Rico, Guam, and the US Virgin Islands ban text messaging for all drivers.

 

Eyes on the Road, Hands on the Wheel – Organizations Focused on Distracted Driving

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It is probably not shocking to learn that distracted driving is fast becoming a huge problem.

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The introduction of the smartphone, that clever device that allows you to text, email, speak with a friend and, ugh, take a video of yourself hopping out of your car and dancing while it’s in drive, is right at the center of the blame.

For parents, the thought of their newly licensed teenager taking the family sedan out – with their phone in hand – can be frightening.

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And, it should be. According to the Children’s Hospital of Philadelphia distraction was a key factor in 58% of crashes involving drivers ages 16 to 19.

But, distracted driving is not something that only parents should worry about. “When it comes to preventing distracted driving, people often worry about their teenage drivers — but what about conversations happening at the office or while people are on the job?” said Jordan Solway, Group General Counsel and Vice President of Claim, Travelers Canada.

Travelers’ public policy arm, The Travelers’ Institute, recently commissioned a poll that highlighted the importance for businesses to identify the risks of distracted driving with their employees. The poll found that 37% of Canadian drivers answer or make communications while driving. Of these drivers, 14% cited “wanting to always be available for work.” as a key reason for their distractions behind the wheel.

But, always being connected can create risks. “When you’re involved in a conference call, you’re paying less attention to your surroundings,” Solway said. “Driving is a complex function that requires visual (eyes on the road), physical (hands on the wheel) and cognitive processing. Taking your eyes off the road for just two seconds actually doubles your chances of an accident.”

Countless organizations, public agencies, universities and other businesses employ the use of fleets, while other organizations rely on their employees to drive from location to location in their own vehicles as part of the course and scope of their responsibilities.

“In Ontario, similar to other provinces, it really does not matter if the vehicle is owned by the employee or the organization, if there is an accident caused by distracted driving and the driver was in the course and scope of his or her employment, the organization can be held liable,” Solway said. “This isn’t something just big businesses need to worry about.  In fact, the opposite. A distracted driving judgment against a smaller, neighborhood business has the potential to have significant financial consequences.”

The 2012  $21 million jury award against Coca-Cola for a distracted employee who was driving was a wakeup call to all organizations that:

1) companies can be held liable for their employees who operate vehicles while distracted,
and
2) organizations can even be considered negligent if they do not have a distracted driving policy or if their policy is inadequate.

There is a great opportunity for risk professionals to step in and develop policies procedures that address distracted drivers and mitigate the consequences of their actions to their organizations.

“Fundamentally, every business should have a [distracted driving] policy. There should be training on the policy. And, not only should the policy require compliance with the applicable law, but also, it should have clear direction on how and when mobile devices should be used in a vehicle,” Solway said.

Travelers Canada recommends four key steps to making a distracted driving policy more effective:

Training and continuing education are great but it shouldn’t stop there. “The organization has to enforce progressive disciplinary action against those violating the policy,” he said.

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“They must be warned and dealt to further demonstrate that the organization is serious when it comes to distracted driving.”

Technology will be a key solution to combatting distracted driving. Most new vehicles are equipped with hands-free technology, cellular devices now feature a Do Not Disturb Function and some organizations have installed video recording devices in vehicle cockpits – all great options for promoting safer driving habits.

“In the not so distant future sensors, collision warnings, smarter-cars and autonomous vehicle operating systems could help keep drivers’ eyes on the road, hands on the wheel and minds focused on safe driving,” Solway said.

Fourth of July May Be the Riskiest Holiday

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fourth of july risks

July 4 may celebrate American independence but, when it comes to risk, you’re far from free.

“With school out for summer, the Fourth of July holiday is typically the busiest summer travel holiday, with five million more Americans traveling compared to Memorial Day weekend,” said AAA Chief Operating Officer Marshall L. Doney. “In line with tradition, most travelers are celebrating their newfound summer freedom with an all-American road trip.

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” Gas prices are 20 cents higher than they were last year, but that is not going to stop even more people from driving – AAA Travel projects that 34.8 million people will be on the road over the holiday weekend.

Unfortunately, it is the deadliest time of year to be on the road. According to the National Highway Traffic Safety Administration, 40% of all motor vehicle traffic fatalities occur over the Fourth of July holiday weekend. It is also the time of year when the highest proportion of drivers get behind the wheel while under the influence, playing a role in almost half of those deadly crashes. Many states have already announced plans to increase DWI and distracted driving patrols, including New York, New Jersey, California, Colorado and Arizona.

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Closer to home, fireworks present a notable safety risk for you and your home. In 2013, eight people died and an estimated 11,400 were injured by fireworks, and 65% of those accidents took place within a month of July 4, the U.S. Consumer Product Safety Commission reported. That is about 30% more than in 2012.

According to the National Fire Protection Association there are more fires reported on the Fourth of July than any other day of the year and a third of those fires are caused by fireworks. With extreme drought plaguing the western states, fireworks, outdoor grilling areas and camp fires require extra caution.

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“Low water levels and extreme drought conditions in many states makes fire safety even more crucial this year,” Christopher Hackett, director of personal lines for the Property Casualty Insurers Association of America, said in a press release. “One ember from a camp fire or firework can travel and ignite a fire a mile away. It is critical that people follow state laws and take extra precautions to avoid causing preventable fires.”

“Fireworks are a great way for charities to raise funds and make childhood memories, but they can get out of control and turn fun into tragedy very quickly,” he added. “Let the Fourth be a reminder to not only prevent wildfires but also prepare our homes and family finances for catastrophes.”

Coca-Cola Hit with a $21 Million Distracted Driving Judgment

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Last week, a jury in Corpus Christi, Texas awarded $21 million in damages to a woman who was struck by a Coca-Cola driver who had been talking on her cell phone at the time of the accident. The plaintiff’s attorneys were able to successfully argue that Coca-Cola’s cell phone policy for its drivers was “vague and ambiguous.” They also suggested that Coca-Cola was aware of the dangers but “withheld this information from its employee driver,” which led directly to the circumstances that caused the accident.

“From the time I took the Coca Cola driver’s testimony and obtained the company’s inadequate cell phone driving policy, I knew we had a corporate giant with a huge safety problem on our hands,” said Thomas J.

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Henry, one of the plaintiff’s attorneys.

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Coca-Cola disagreed with the verdict and, in a statement, expressed its plans to appeal:

“This case was tried because the parties could not come to an agreement on damages. We have accepted responsibility for the accident. We understand that this verdict is a response to a plea from plaintiff’s counsel to the jury to ban all cell phone use while driving.

“Coca-Cola Refreshments’ cell phone policy, which requires the use of a hands-free device when operating a motor vehicle, is completely consistent with, and in fact, exceeds the requirements of Texas law. Coca-Cola Refreshments values the well-being of all citizens in the communities in which we operate. There is no discernible connection between the damages awarded in this case and the injuries sustained by the plaintiff. Although we respect the verdict of the jury, we plan to appeal.”

Nevertheless, the case does emphasize the need for all companies to have a clear cell phone use policy for their drivers. In a recent blog post, Matt Howard, CEO of ZoomSafer, a mobile phone safety software provider, outlined three important lessons the case can teach fleet managers. First, when accidents happen, plaintiffs will sue (and obviously judgments could get costly). In addition, policies cannot exist only on paper and they must be enforced.

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Hoffman concludes:

This case emphasizes just how serious the risk is – and that all employers can be vicariously implicated if they fail to manage and monitor how employees are using mobile devices while driving. Employers who want to minimize liability as much as possible must institute risk management programs to actively or passively enforce cell phone use policies.

The risks of distracted driving have been well documented and with more and more states enacting some sort of ban on cell phone use while driving, either for talking, texting or both, cell phone policies are quickly becoming a necessity. And as this case shows, it’s not just about legal compliance or driver safety–it can also have a substantial financial impact on your company.