Massachusetts Injury Lawyer Blog

After the September fatal Metrolink train crash in Los Angeles, California, which was clearly linked to text messaging by the engineer, a new focus is being brought on the many distractions which are causing increasing numbers of car and truck accidents.

Driver distractions have always included adjustments to
the radio and temperature controls, other occupants in the car or truck, eating, roadside distractions, and for some, putting on make-up and reading the morning paper. The proliferation of new devices, such as GPS units, DVD players, iPods, cell phones, mobile e-mail, and text messaging, have only compounded the likelihood of an accident being caused by a distraction.

iPods mounted for the vehicle's sound system are very likely to distract a driver. Recent studies have shown that almost every driver with an iPod took his or her eyes off the road for two seconds or more. Two seconds is the "magic number" because the probability of an accident goes up by factor of three after that time. (These tests were run on a simulator.)

The results of the study were even more dramatic for young drivers, ages 16-18, who were much more likely to keep their eyes off the road for a distraction, such an iPod or changing a CD.

The Metrolink train crash, which killed 25 people and injured 140 others, starkly illustrated the potential dangers of text messaging. The engineer failed to stop at a red track signal, and then struck a freight train head-on.

So far, Washington, Alaska, the District of Columbia, Louisiana, Minnesota, New Jersey and California have banned text messaging while driving. Massachusetts is considering a similar ban, but no action was taken in the 2008 legislative session. A similar bill is expected to be brought to the legislature in 2008.

Investigation of driver distraction is a standard part of the investigation of car accident and truck accident cases. Evidence of driver distraction, which can be from cell phones, entertainment equipment, GPS units, or other distractions, is important evidence in cases of personal injuries or wrongful death.

At the personal injury law firm of Breakstone, White & Gluck, P.C., we are aggressive in the investigation of facts, such as driver distractions, which may have caused the accident. We have experience retrieving relevant cell phone records and other accident data which can help prove liability in our clients' cases.

Resources:
"Study points to hazards of driver iPods," Boston Globe.
"NTSB team sorting out what happened in Metrolink crash," Los Angeles Times.
"Schwarzenegger: Hasta La Vista To Texting While Driving," Information Week.
"State leads ban on texting while driving," Seattle Post Intelligencer