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With the courts, legislature, attorneys and the insurance industry involved in injury law and litigation issues, this makes for interesting news. Please check here frequently for updates.

Driver Distraction

The National Highway Traffic Safety Administration (NHTSA) estimates that driver distraction is a factor in between 20% and 30% of the 6 million car crashes each year.

Cell phone fatalities

A study by Harvard University, based on mathematical models, estimates that 2,600 auto crash deaths a year are attributable to the use of cell phones while driving.

Cell phone use distracts brain

Cell phone conversation draws attention away from the processing of the visual environment, says a new study by the University of Utah psychology department. They found a 50% reduction in the processing of visual information when driving and talking on a cell phone. Test subjects where observed as they braked for a slowing car in front of them, then resumed speed. "When drivers were conversing on a cell phone, they were involved in more rear-end collisions and took 18 percent longer to return to their initial driving speed than when they were legally drunk." Hands-free phones made no difference in the results.

Highway deaths increase

The total number of highway deaths in 2002 rose to 42,850, a 1.7 percent increase from the previous year. Rollover fatalities, involving SUVs and pickup trucks, were up 4.9 percent. Alcohol-related fatalities, which have been rising steadily since 1999, increased again and accounted for 42 percent of accident deaths. Motorcycle fatalities rose 3 percent, the fifth consecutive yearly increase. Deaths among motorcycle riders who were 50 or older increased 24 percent.

Auto/Pedestrian fatalities

Almost 5,000 pedestrians are killed every year in the U.S. Older adults and young children are the primary victims. 33% of all motor vehicle deaths of 1 to 9 year old victims are pedestrians. Most pedestrian deaths of young children occur between 3 and 9 PM.

Cell phone fatalities increase

The number of fatalities from crashes caused by drivers talking on their wireless phones is on the rise. A study released in December 2002 by Harvard University's Center for Risk Analysis estimates a rate of 2,600 deaths a year in such crashes, compared with the same researchers' estimate of 1,000 two years ago. The study also estimates that 570,000 injuries a year and 1.5 million crashes resulting in property damage can be blamed on wireless phone use. This study merely confirms what is already well-known: there is a correlation between phone use and wrecks. A 1997 study published in the New England Journal of Medicine found that talking on a phone while driving quadrupled the risk of an accident and was almost as dangerous as being drunk behind the wheel. In 2002, at least 22 states considered legislation to restrict wireless phone use while driving. Only New York has enacted a partial prohibition. New York law does not allow drivers to use hand-held phones. They may use devices adapted for hands-free use, which are usually voice-activated and come with an earpiece and microphone.

Peril of Fast Music

Does the music you listen to while driving really matter? It does. The New Scientist reports on research using a driving simulator. The test subjects who listened to up-tempo music were more than twice as likely to run a red light or have an accident as those listening to slow songs. The conclusion of the researcher is that drivers should be aware of how music affects them and choose slower tunes, or at least turn down the volume. Parents of teenage drivers might consider a "no music while driving" rule.

Fewer fatalities

The fatality rate in car crashes decreased in 2001 and, in particular, claimed fewer lives than ever among children age 15 and under.

According to the National Highway Traffic Safety Administration (NHTSA), the overall fatality rate per million vehicle miles traveled was down slightly to 1.52, compared to 1.53 in 2000. (The raw number of people killed in highway crashes last year was up only slightly, from 41,945 in 2000 to 42,116 in 2001, but vehicle miles traveled increased slightly, causing the rate to drop.) The fatality rate for children age 15 and under dropped 8.6 percent to become the lowest year since record-keeping began in 1975.

Other findings for 2001 include:

• 60 percent of the passengers killed last year were not wearing seat belts or were not properly restrained in child safety seats.
• Passenger fatalities in single-vehicle rollovers increased 2.3 percent. Pickup trucks had the largest increase: 4.2 percent.
• The number of pedestrians killed increased from 2000: 4,882 from 4,763.
• Motorcycle deaths increased for the fourth year, soaring to the highest number since 1990: 3,181 were killed.
• The rate of alcohol-related deaths didn't change from 0.63 per million vehicle miles traveled: 17,448 deaths. Source: insure.com

Teenager death toll

Over 5000 teenagers are killed in auto collisions every year in the United States. Why? Research shows that teenagers are more likely than older drivers to speed, run red lights, make illegal turns, ride with an intoxicated driver, and drive after using alcohol or drugs. Teenagers are more likely than older drivers to underestimate the dangers in hazardous situations, and they have less experience coping with such situations.

Redlight running and left turn crashes

Researchers have found that motorists in urban areas are most likely to be injured in head-on collisions and crashes involving red light running. Left-turn crashes also produced a large number of occupant injuries because they typically involve a side impact. For more information about urban crashes, follow the link to US Roads.com.

Teenagers distracted by peers

The more youngsters in a car with a teenager behind the wheel, the more likely the driver will die in a crash.  A study, conducted by researchers at Johns Hopkins School of Public Health in Baltimore, confirms what many parents have long suspected:  a carload of teenagers causes many distractions for the teenage driver.

The study, published in the Journal of the American Medical Association, was based on federal data from 1992 through 1997.

Researcher Li-Hui Chen found that 16-year-olds carrying one passenger were 39 percent more likely to get killed than those driving alone. That increased to 86 percent with two passengers and 182 percent with three or more.

The rate for 17-year-olds was even higher: 48 percent, 158 percent and 207 percent respectively.

The rate was as much as 21 times higher during early morning hours.

The researcher also found that the driver death rate increased significantly when the passengers were in their teens or 20s.

Big trucks, bad brakes

Two years ago, the Houston Police Department created a truck enforcement unit to inspect trucks on the road. The results are startling. 75% of trucks pulled over by HPD are being put out of service. Bad brakes, bald tires and other safety hazards are being identified by officers.

Collisions with large trucks not only kill, but they also contribute to traffic congestion, which can cause more collisions.

Nighttime driving

Nighttime driving is risky. There are more than 2 million nighttime collisions in the United States each year, more than 18,000 of them were fatal. Inexperienced drivers fare especially poorly at night. More than half of all motor vehicle deaths involving teenagers occur between 9 PM and 6 AM. Pedestrian deaths also are highest during those hours.

What makes nighttime driving so dangerous?

Vision: With their headlights on, drivers usually can see a small portion of the road ahead of them. However, their peripheral vision isn't as sharp. In addition, darkness makes it more difficult to gauge distances and movement. And the headlights of other cars can create a blinding glare. Some drivers have "night blindness" caused by a defective retina or a vitamin-A deficiency. But no states test for night blindness during vision tests for driver license renewal.

Age: Night vision gradually begins to deteriorate in your 20s. As you age the amount of light that is admitted into your eyes decreases. The light that does get into your eyes scatters more creating a hazy glare at night. For every 15 years of life, the amount of light admitted to the eye is cut by as much as half. That means that the average 60 year old needs three times as much light at night as the average 20 year old.

Alcohol: Despite aggressive anti-drinking and driving programs, alcohol remains a significant factor in nighttime crashes. In 1994, some 60 percent of the drivers killed in crashes between 9 PM and 6 AM were legally drunk. Alcohol and night driving are especially lethal for young drivers. Almost half the fatal nighttime multiple-vehicle collisions that involve teens are related to alcohol.

Fatigue: Exhaustion dulls drivers' concentration and slows their reaction time. And the later it gets, the wearier drivers become. Drivers are least likely to be alert between 3 AM and 7 AM. Fatigue also is likely to set in at a driver's normal bedtime. Alcohol also worsens fatigue.

Detecting Drunk Drivers at Night

The holidays are a time of celebration, but some people celebrate inappropriately by getting drunk and behind the wheel of a car. The US Department of Transportation has released a "Guide to Detecting Drunk Drivers at Night". The guide tells you the visual clues of intoxication to look for. For example, if a car approaches with its headlights off, there is a 30% probability that the driver is intoxicated. If a car is driving at more than 10 miles per hour below the posted speed limit, there is a 50% probability that the driver is drunk. Surprisingly, the guide states that if a car makes a wide turn at an intersection, there is a 65% probability of intoxication.

1 in 8.5 Americans will be in a wreck

About 40,000 Americans are killed every year in collisions. 1 out of 8.5 Americans will be involved in a traffic accident next year.

Since collisions will occur, it is a good idea to look closely at how well your car (or the one you are going to purchase) will protect you in a crash.

Crashtest.com has gathered insurance industry crash test data and placed it into a pleasing, easy to read graphical form.

Hang up the phone and drive

A 1997 study published in the New England Journal of Medicine found that talking on a phone while driving quadrupled the risk of an accident and was almost as dangerous as being drunk behind the wheel.

However, the New England Journal of Medicine study examined only telephone usage. It may be that talking while driving may be the key factor. Anecdotal evidence indicates that talking to passengers in the car results in an increased risk of collisions. The bottom line is that driving is an activity that requires the full and undistracted attention of a driver.

Texas is first in fatalities

We're Number 1, but it is not a ranking that Texans are enjoying very much. Texas ranked first in the country in the number of fatal motor vehicle deaths in 1998, with 3,576 people killed in 3,160 collisions.

California ranked second with 3,112 fatal crashes, followed by Florida with 2,548.

Speeding on rural highways seems to be the cause of a disproportionate number of Texas collisions. According to the Department of Public Safety, 2,069 traffic deaths and 43,934 injury accidents occurred on rural roads in 1998, accounting for 58 percent of the statewide death toll.

Human error causes collisions

Human error was the sole cause in 57% of all accidents and was a contributing factor in over 90%, according to a recent study. In contrast, only 2.4% were due solely to mechanical fault and only 4.7% were caused only by environmental factors.

Why do humans make so many driving errors? The answer to this question lies in the inherent limitations of human information processing. In sum, humans must rely on three fallible mental functions: perception, attention and memory.

For a brief overview of human information processing limitations and explanations of how they can contribute to road accidents, take a look at this paper on the psychological process approach to accident investigation.

Motorcycle crashes

When motorcycles crash, their riders lack the protection of an enclosed vehicle, so they're more likely to be injured or killed. Per mile traveled, the number of deaths on motorcycles is about 20 times the number in cars.

Five crash types account for 86 percent of motorcycle crashes: motorcycle runs off road (41 percent), motorcycle or other vehicle runs traffic control (18 percent), head on (11 percent), car turns in front of cycle (8 percent), and motorcycle goes down in roadway (7 percent).

Drivers of cars and trucks need to use extra caution when motorcycles are near, especially in multi-lane traffic situations, because the motorcyclist is less visible and has no protection in a crash.

For more information on this or other safety subjects, take a look at USRoads.com.

Pedestrians are vulnerable

On a nationwide average, a pedestrian is injured in a traffic crash every 7 minutes and one is killed every 99 minutes. Alcohol involvement, either for the driver or the pedestrian, was reported in 45 percent of the traffic crashes that resulted in pedestrian fatalities. For more statistics and information about auto/pedestrian collisions, visit the NHTSA site.

Truck drivers and drug abuse

The National Transportation Safety Board studied alcohol and drug involvement in heavy truck accidents in which the drivers were killed; 33 percent of the victims tested positive for drug abuse. These drivers had consumed alcohol, marijuana, cocaine, over-the-counter stimulants, opiates, PCP, or a combination. In addition to DWI, the study indicated that these drivers were also more likely to violate other laws. They were more likely to have prior alcohol or drug histories, were more likely to violate federal hours of service regulations, and more likely to drive with suspended or revoked licenses. The U.S. Department of Transportation responded to the dangers posed by DWI in commercial vehicles through changes in the uniform Commercial Driver License (CDL) requirements in Title 49 of the Code of Federal Regulations. 49 CFR prohibits commercial operation with a BAC of 0.04 or greater. Regulations prohibit driving within four hours of consumption of any alcoholic beverage. DOT has instituted a mandatory drug testing program among motor carriers, who are required to randomly drug test 50 percent of the average number of interstate operators each year. All 50 states have incorporated the federal regulations into their state motor vehicle laws, thereby making them enforceable by authorized law enforcement officials at the state level.

Source: Highway Safety Desk Book

Fatigue a major factor in truck wrecks

Year after year, large trucks are involved in thousands of crashes: between 4,000 and 5,000 deaths annually in the U.S. during the decade of 1985 to 1995. By a wide margin, the fatalities are occupants of other vehicles as opposed to truck occupants (greater than 6:1 in 1995). Poor driver performance, including fatigue, is a major contributing factor, as is the unsafe condition of many trucks, particularly their braking and steering systems and tires.

Just a few beers can impair

Drunk driving continues to take lives. The State Legislature of Texas lowered the allowed Blood Alcohol Concentration (BAC) level from .10 to .08; however, passing a law will not stop people from driving while impaired. Those who drink before driving must stop themselves. Is it possible that people do not know how many drinks will render them legally too intoxicated to drive?

Let's look at a 12-ounce can of beer drunk by the 128-pound teenage male, who is not supposed to be drinking, but will anyway. Assuming that the concentration of alcohol in the beverage is 4.5 percent by volume, one multiplies the 12 ounces in the beer can times .045 and determines that the can contains .54 ounces of alcohol. Therefore, the theoretically peak instantaneous BAC produced by a single can of beer in our 128-pound male would be .54 times .0559 (the BAC produced by one ounce of alcohol) equalling .0302. Three beers in one hour at a backyard barbecue, and that teenager is drunk.

Look at the chart for a quick look at how much is too much. In reality, .08 is too permissive. One may not be legally intoxicated, but several beers before driving will leave someone impaired, in judgment, in timing, in perception. Don't drink and drive, for your sake and the safety of others.

Driver Sleepiness causes crashes

Driver sleepiness is a causative factor in 1% to 3% of all motor vehicle crashes in the United States. Surveys of the prevalence of sleepy behavior in drivers suggest that sleepiness may be a more common cause of highway crashes than is reflected in these estimates. About 96% of sleep-related crashes involve passenger vehicle drivers and 3% involve drivers of large trucks. Risk factors include youth, shift work, alcohol and other drug use, over-the-counter and prescription medications, and sleep disorders. Read more about Drowsy Drivers and other topics on the Information pages of carwrecks.com.

My favorite local journalist

Kudos to Dan Feldstein of The Houston Chronicle for an outstanding article (12/21/98, Page 1) analyzing the 300 fatal traffic accidents in Harris County that killed 330 people in 1997.

The Houston Chronicle obtained every fatal accident report filed by all police departments in Harris County for that year.

An analysis by the newspaper, plus statistics tabulated by the Texas Department of Public Safety, shows that drunkenness is still a leading killer on area roadways. Here are some other interesting facts:

More fatal collisions between vehicles happen on local roads than on area freeways.

About 40 percent of pedestrian deaths occur on the freeways. Many are drunken pedestrian deaths, which outnumber child pedestrian deaths in Harris County by 6 to 1.

Houston's annual rate of 10.49 deaths by motor vehicle per 100,000 population is higher than some major cities and lower than others. It is average for larger Texas cities. Dallas is the highest in the state with 16.23.

In Houston, the peak hours for injury and property accidents is evening rush hour - 4-7 p.m. But the sharp increase in fatal accidents comes after 10 p.m., spiking again after 2 a.m. when the bars close.

Weekends are worse than weekdays.

Only 39 percent of fatal vehicle crashes in Harris County in 1997 were with another motor vehicle. One quarter were with a fixed object - typically a concrete barrier on a freeway, utility pole on a city street or ditch on a country road.

Typical factors for fixed-object accidents are speed, fatigue, drunkenness and slick pavement.

Twenty-three percent of fatal vehicle accidents are with pedestrians. The rest include rollovers and collisions with bicycles and with parked cars.

Among collisions between vehicles nationwide, a statistical analysis shows, angles such as broadside are nearly five times more likely to be fatal than a rear-end collision. That is because the force of impact is generally greater and there is less protection on the side of a vehicle than in the front and back.

While a rear-end accident is typical of a freeway at rush hour, angles are typical of accidents at intersections. In 1997, 58 fatal collisions were caused when someone ran a red light or stop sign or failed to yield the right of way, such as taking a left turn into oncoming traffic.

The leading cause of death in the United States for people aged 6-27 is vehicle crashes. In Harris County, 21 percent of residents aged 15-29 who died in 1997 were killed in vehicle crashes, according to the Texas Department of Health.

The process explained

If you have been in a car wreck that was caused by someone else and you have damages and/or injuries, you may have the elements of a claim against the negligent driver. Notice that the word used was "claim", rather than "lawsuit".  Only if the claim is denied or the insurance carrier will not pay you a fair sum would the claim escalate into a lawsuit.

While you will be making a claim against the negligent driver (and his liability insurance), it is always a good idea to review your own auto insurance policy to see what additional possible coverages are available: for example, underinsured insurance benefits and personal injury protection benefits might be available on your own automobile insurance policy and might be something you would want to seek, depending on the severity of injuries. Pull out your own automobile insurance policy and read what coverages you have on the declarations page.

If you have health insurance, you obviously can make a claim for those benefits, but the health insurance carrier may have a subrogation or right of reimbursement paragraph in the policy.

If you have a passenger in your vehicle at the time of the collision, the passenger may have a claim against you or against benefits in your policy, such as underinsured motorist coverage or personal injury protection. This is another good reason to review your policy.

Will you need an attorney? You may.  When you call an attorney's office in the city where you live, you might ask if the attorney is a member of ATLA (Association of Trial Lawyers of America).  While many non-ATLA members are competent to handle injury cases, membership in ATLA signifies that your attorney is serious about representing the injured.

When your car is totalled

When the cost to repair a wrecked vehicle exceeds the fair market value of the vehicle, the insurance industry refers to that as a "total". But not all totals are created equally. A dented fender on a twelve year old Buick is a total loss, but a smashed front-end on a new Volvo is not. The Insurance News Network discusses what to do when your vehicle is totalled.

The Gender Gap

Men are almost twice as likely to die as a result of a motor vehicle accident than women, and males accounted for almost three-quarters of the fatalities resulting from traffic accidents in 1997. The Insurance Institute for Highway Safety says that this can be explained by the fact that men drive more miles than women and they engage in more risky driving practices — including not using a seatbelt, driving while intoxicated, and speeding. At the same time, the death rate of female drivers has risen over the past 20 years while male-driver deaths have fallen. Since 1975, female deaths resulting from car crashes have increased 19 percent, while male deaths have declined 15 percent. This is because more women are driving now than ever before and they drive more miles than they have in the past.

Source: Insurance Institute for Highway Safety

Car seats

After pregnancy-related deaths and SIDS, the leading cause of serious injury and death in infants is car accidents. What is a minor accident for adults can kill or cause brain damage in newborns. To prevent injury while in a car, make sure that your newborn always rides in a car seat. Here are some tips about choosing and using baby car seats.

When shopping for a car seat, read the labeling on the box to assure yourself that it has been approved by the Consumer Product Safety Commission. Choose the right type of car seat, based upon the weight and size of your child: 1) Bucket-style infant seats are designed for children up to 20 pounds, and installed so the baby faces the rear of the car. This position is important in the event of a crash; the back would absorb most of the impact. 2) Convertible car seats can be used from birth until a child weighs about 40 pounds. They can be used as a rear-facing infant seat, and then switched to face forward when your baby weighs more than 20 pounds. Be sure to read all installation and handling instructions before your baby uses it.

Although many parents like to put the car seat in the front passenger seat so they can watch their child while driving, the baby will be safer in a collision if the seat is in the back, preferably in the center. Do not use a baby car seat in the front passenger seat if your car has dual front airbags. The danger of infant injury from the airbag deploying during a frontal collision is well-documented.

Finally, use caution before choosing a car seat from a garage sale. The car seat may have been previously recalled by the Consumer Product Safety Commission and you will unknowingly use a defective product for your child, or the car seat may have been damaged and not work as designed.