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The Tragedy in Distracted Driving


Expert Witness: Lee J. Huber, CPE
Polls and studies in recent decades consistently show most U.S. motor vehicle operators consider themselves ‘above average’ drivers. In a 1981 study, a group polled showed an incredible 93% of US drivers felt they were better at driving than their peers. ‘Above average’ perceptions may apply in a Garrison Keillor fantasy but fail on the open road.

Recently the U.S. highway fatality rate showed declines, year-over-year, for six straight years according to the National Highway Traffic Safety Administration (NHTSA). Then, in 2012, the fatality rate surged again. Earlier, one of the worst years was in 1972, when 54,589 people died in U.S. auto crashes. Fifty years later, fatalities stood at 42,795 (final numbers pending) in 2022. That figure is nearly 22% lower than in 1972.

Since WWII, NHTSA reported a fairly consistent drop in fatalities by year, when measured in terms of deaths per 100 million miles. By comparison with recent statistics, 10 years ago
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the fatality rate was 33,561. Before the rise in highway fatalities over the last decade, accident rates had improved. A number of factors impacted accident reduction. Safety improved with the interstate highway systems’ expansion. Afterwards, greater seat belt use, better vehicle braking systems, air bags, and stronger impaired driving enforcement proved effective in crash and fatality reduction.

Consider the 2022 numbers: 42,795 people died on our roads. That’s a rate of 117 people a day. Look at the statistics from another perspective. Suppose a commercial airliner crashed and killed 117 people every day of the year. Outrage over these tragedies would be overwhelming. Yet today, the highway bloodletting goes on.

Part of the recent increase in crash statistics is due to a surge in distracted driving. Among several types of distracted driving, texting continues its notoriety. With the advent of texting technology, people found they could multi-task in a different dimension. Texting and driving simultaneously are irresponsible, never worth the consequences. A 2011 Allstate Insurance study of 1,000 people revealed that 63% of drivers admitted to texting and driving. Those drivers were in the 18–29-year age group. Unfortunately, it was also found that drivers in the 30–44-year age group texted close to the highest group, at 58%.

How does texting affect the crash rate? In spite of 49 states having laws against texting-driving (for our purposes, composite smart phone use is assumed, along with texting), the U.S. Department of Transportation records show that from 2012 to 2019, approximately 26,000 people perished in crashes involving a distracted driver. In this same period, distracted driver fatalities surged 10%. Not all distracted drivers text; however, the numbers are sobering considering how texting while driving has proliferated.

The harshest possible example of texting’s enigma struck a fellow safety professional and his family profoundly in 2016. A Senior Vice President and Director of Risk Control Services for an international insurance broker took an urgent call about his daughter and a motor vehicle crash. This is a report no parent should get; it was a fatal crash. Early on it was suspected that a texting driver may have caused it. The man’s daughter was gone, a beautiful young life shortened by an unthinkable act. The twenty-two-year-old woman, a medical professional, lost not only her life, but also her unborn baby. It happened when the other driver lost control of his speeding vehicle that went airborne and crashed into the woman’s car, while she was stationary at a stop sign.

That motorist, (reports varied his age 20 or 21 at the time of the crash), was traveling at high speed. At the time of final impact, much of the kinetic energy was dissipated when the other driver’s vehicle struck other objects before impacting the victim’s car at 54 mph, as calculated by a crash reconstructionist.

This tragic story took another shocking turn nearly three years later when final sentencing was announced. For vehicular homicide, an appropriate charge in this case, the violator could have received 10 years and a $20,000 fine. Instead, he pled guilty to misdemeanor reckless driving. His actual time incarcerated: six months, or half the limit imposed. The fine was a mere $500 plus 20 hours of community service.

Prosecutors could not prove that other driver was texting, although he admitted to being on the phone, driving recklessly and distracted during the crash. The driver had his texting app open around the crash time, but proof of actual texting during the mishap eluded prosecutors. Toxicology results indicated potential impairment; however, they were inadmissible since law enforcement failed to follow protocol at the crash site. This was hardly a just result for killing innocents.

The story continues for the guilty party in that fatal crash. Four years after the fatal crash, the individual’s recidivism carried over to his next case. In that incident the reckless driver was fined for traveling over 100 mph. That action was a violation of his previous 2016 crash probation. It resulted in more jail time, a mere 20 days. Thus, justice still eludes the female victim and her family.

Over seven years later the Wisconsin based family figuratively carries an unextinguishable torch for their daughter, unborn grandson, surviving granddaughter and other victims of tragic texting. They campaign for an awakening to put down phones while driving.

The deceased woman’s father is a frequent speaker against distracted driving and has testified to state governments both to create laws against texting-driving and for tougher penalties against violators. The father is eloquent and intense in his call for justice and admits to some frustration about the slow process. The hope is that judges hearing similar cases will awaken to the calls for justice, and act in a more prudent manner sentencing those who continue their dangerous actions.

At crash sites, law enforcement officers routinely check cell phones. The bottom line is that if one texts and drives, and then crashes, the law will find them out. As more states toughen texting fines, the objective is to change driving behaviors. In Minnesota, a $50 first offense fine for texting while driving is a non-deterrent. The next offense is a paltry $275. That fine is not a real deterrent, either. A $2,000 traffic fine could be more effective, with vehicular homicide charges added automatically with a fatality.

Collectively, as a nation we would do well to look internally and educate others while managing our own driving behavior. If we are sincere and follow the golden rule to treat others as we would be treated, as consistently highly alert drivers, then safer driving has a chance to succeed.



ABOUT THE AUTHOR: Lee J. Huber, Certified Professional Ergonomist
Mr. Huber's ergonomics, human factors and safety consulting supports multinational corporations to assess risk in operations, design, and training, then follows with workable risk reduction solutions across the U.S. and into Canada. He provides ergonomics expert witness services to both plaintiff and defense counsel in matters involving workers’ compensation, personal injury, product liability, OSHA citations, accident analysis and other litigation. He’s served a wide range of industries including airlines, manufacturing, distribution, defense contractors, food processing, transportation and home builders, among others.

Copyright Lee J. Huber, CPE

Disclaimer: While every effort has been made to ensure the accuracy of this publication, it is not intended to provide legal advice as individual situations will differ and should be discussed with an expert and/or lawyer.For specific technical or legal advice on the information provided and related topics, please contact the author.

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