Swift Transportation’s 20,000 workers haul goods in almost 14,000 big-rig trucks that travel the interstates and back roads of the United States every day. The company’s performance is closely tied to the nation’s economy, which has been looking increasingly sunny lately. So it was surprising last month when Swift’s stock plummeted nearly 18 percent in a single day. The tumble came for an odd reason. It wasn’t because there was too little business — but rather, too much. “We were constrained by the challenging driver market,” the company said in its quarterly earnings announcement. “Our driver turnover and unseated truck count were higher than anticipated.” In other words, Swift had plenty of customers wanting to ship goods. But in a time of elevated unemployment, it somehow couldn’t find enough drivers to take those goods from Point A to Point B. How is that possible? The reasons for that conundrum tell us a great deal about what has been ailing American workers and why a full-throated economic recovery has been so slow in coming. Consider this: The American Trucking Associations has estimated that there was a shortage of 30,000 qualified drivers earlier this year, a number on track to rise to 200,000 over the next decade. Trucking companies are turning down business for want of workers. Yet the idea that there is a huge shortage of truck drivers flies in the face of a jobless rate of more than 6 percent, not to... |
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(c) 2010-2024 Jon L Gelman, All Rights Reserved.
Showing posts with label distracted driving. Show all posts
Showing posts with label distracted driving. Show all posts
Tuesday, August 12, 2014
The Trucking Industry Needs More Drivers. Maybe It Needs to Pay More.
Saturday, August 2, 2014
Trucker charged with vehicular homicide after alleged cellphone use led to fatal crash in Carlstadt
Today's post is shared from northjersey.com
In what authorities say is one of the first cases of its kind, a tractor-trailer driver who caused a fatal accident in Carlstadt two months ago has been charged with vehicular homicide and lying to police about using a cellphone at the time, authorities said Friday.
Henry Flores, 55, was making phone calls and operating the touch screen on his smartphone when his 1996 Kenworth truck slammed into the back of a vehicle slowing down for traffic in the southbound lanes on the New Jersey Turnpike just before 5 p.m. on June 9, authorities said. They said the crash led to a chain collision involving several vehicles.
Motorist Jeffrey Humphrey, 43, of Harrison — a musician and an audio engineer who had two daughters — was killed in the crash, and several others were injured, authorities said.
State Police said that Flores was arrested Thursday at his residence in Union City. However, Bergen County Prosecutor John Molinelli said Flores has been living in Netcong.
A little less than three months before the accident, Flores was ticketed on March 22 for driving while using a cellphone in Union City, according to state Motor Vehicle Commission records. His record shows a total of 19 driving violations, five in New Jersey, including operating while suspended, speeding, careless driving, and unsafe operation of a motor vehicle.
...
[Click here to see the rest of this post]
In what authorities say is one of the first cases of its kind, a tractor-trailer driver who caused a fatal accident in Carlstadt two months ago has been charged with vehicular homicide and lying to police about using a cellphone at the time, authorities said Friday.
Henry Flores, 55, was making phone calls and operating the touch screen on his smartphone when his 1996 Kenworth truck slammed into the back of a vehicle slowing down for traffic in the southbound lanes on the New Jersey Turnpike just before 5 p.m. on June 9, authorities said. They said the crash led to a chain collision involving several vehicles.
Motorist Jeffrey Humphrey, 43, of Harrison — a musician and an audio engineer who had two daughters — was killed in the crash, and several others were injured, authorities said.
State Police said that Flores was arrested Thursday at his residence in Union City. However, Bergen County Prosecutor John Molinelli said Flores has been living in Netcong.
A little less than three months before the accident, Flores was ticketed on March 22 for driving while using a cellphone in Union City, according to state Motor Vehicle Commission records. His record shows a total of 19 driving violations, five in New Jersey, including operating while suspended, speeding, careless driving, and unsafe operation of a motor vehicle.
...
[Click here to see the rest of this post]
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- Where is the quality control in the first place?
- Apple Is Moving Distracted Driving Into High Gear
Monday, April 14, 2014
Distracted Driving - Time To Revisit Compensability Issues
Acting Attorney General John Hoffman today announced the staggering toll driver inattention has taken on New Jersey’s roadways in the past 10 years, declaring that the State experienced a “distracted driving decade” and that an ongoing law enforcement initiative is working to help end the crisis.
From 2004 to 2013, driver inattention was a major contributing circumstance in 1.4 million crashes in New Jersey – that is about half of the total crashes in the state in that period. Distraction was the number one contributing circumstance in total crashes. And in one decade (2003-2012), more than 1,600 people have been killed in crashes where driver inattention was a major contributing factor.
“The numbers tell the sad truth: we are in the midst of a surge in driver inattention, and crash statistics bear out that we can characterize the last 10 years simply as ‘New Jersey’s Distracted Driving Decade,’” said Hoffman. “What is perhaps most troubling about these numbers is that the issue of distracted driving seems to be getting progressively worse. Our research indicates that while crashes and fatalities are trending downward as a whole, the number and proportion of distracted crashes are rising.”
At the beginning of the “Distracted Driving Decade” in 2004, driver inattention was cited as a major contributing circumstance in 42 percent of crashes. But that number has risen in those 10 years and last year it peaked at 53 percent. And the proportion of distracted crashes has surged 26 percent in that time span.
“In recent years smartphones and other devices have become more sophisticated and it’s clear to most of us that they’re being used more by drivers,” said Acting Director of the Division of Highway Traffic Safety Gary Poedubicky. “Though the overall picture of road safety is brightening, one cannot help but conclude that there is an increasing addiction to distraction for drivers. We need to put an end to the epidemic of driver inattention and close the book on the ‘Distracted Driving Decade.’”
In an effort to stop distracted driving, the Division of Highway Traffic Safety has for the first time made funds available to law enforcement agencies for a statewide crackdown on motorists who are using a handheld device while driving, which is illegal in New Jersey. Sixty police departments received $5,000 each for the campaign called U Drive. U Text. U Pay. and the funds will be used to pay for checkpoints and increased patrols. Many more enforcement agencies are also expected to participate unfunded in the initiative, which was funded and developed by the National Highway Traffic Safety Administration (NHTSA).
About halfway through the three-week campaign, which runs from April 1 to 21, the funded departments have issued an estimated 3,000 summonses for cell phone and electronic device violations.
“People need to know that we are serious about stopping this deadly behavior,” said NHTSA Region 2 Administrator Thomas M. Louizou. “Using a handheld phone and texting has reached epidemic levels. When you text or talk on the phone while driving, you take your focus off the road. That puts everyone else’s lives in danger, and no one has the right to do that.”
The crackdowns are similar in scope to the Drive Sober, or Get Pulled Over and Click It or Ticket mobilizations, which have targeted impaired driving and seat belt usage, respectively. Louizou said the successes of those programs have proven that the combination of tough laws, targeted advertising, and high-visibility enforcement can change people’s risky traffic safety behaviors.
To see a list of agencies receiving funding for this initiative please visit:www.nj.gov/oag/hts/downloads/UDUTUP_2014_Grant_Recipients.pdf
This increased police presence on the roads will soon be paired with stepped up penalties for breaking the State’s primary cell phone law. Currently, motorists violating New Jersey’s primary cell phone law face a $100 fine plus court costs and fees. Because of a new law signed by Governor Chris Christie last year, penalties for that transgression will get stiffer. On July 1, those penalties will rise to a range of $200 to $400 for a first offense, $400 to $600 for a second, and up to $800 and three insurance points for subsequent violations. These changes follow the adoption in 2012 of the “Kulesh, Kubert and Bolis Law.” Under that law, proof that a defendant was operating a hand-held wireless telephone while driving a motor vehicle may give rise to the presumption that the defendant was engaged in reckless driving. Prosecutors are empowered to charge the offender with committing vehicular homicide or assault when an accident occurs from reckless driving.
Joining Acting Attorney General Hoffman’s call to end distracted driving was Gabriel Hurley. Hurley, 29, was severely injured in a 2009 crash that left him blind and with extensive damage to his face and skull. Hurley sustained his injuries when an oncoming car collided into an underpass while he was entering it. The impact caused the other car’s air-conditioning compressor to come flying into his windshield. Hurley, of Middlesex, said he believed the 17-year-old driver had been inattentive behind the wheel at the time of the crash.
After an extensive recovery period, which included more than a dozen facial reconstructive surgeries, he began a career as a safe driving advocate and has spoken to thousands of drivers, most of them in high school, about the consequences of reckless and inattentive driving.
“The course of my life was altered in that crash,” Hurley said. “I have lost my sense of sight and smell and suffered other physical and emotional damage. However, I believe what happened gave me a purpose to tell everyone that crashes like mine are preventable and we can stop them by simply focusing on the task at hand when we’re behind the wheel.”
Read more about distracted driving:
Apr 10, 2014
Stay Alert and Avoid Distracted Driving – Work zones present extra challenges and obstacles. Motorists need to pay attention to the road and their surroundings. – Schedule your trip with plenty of extra time. Expect delays and ...
Apr 18, 2011
OSHA has announced an aggressive program to combat "The Number 1 Killer of Workers," Distracted Driving. The announcement was made today by Dr. David Michaels, Assistant Secretary of Labor of the Occupational ...
May 29, 2013
Transportation accidents rank on the top of the list for worker fatalities. Now the federal government is attempting to reduce that number by restricting distractions while driving.driving. Voluntary guidelines reduce ...
Jun 13, 2013
Transportation (DOT) have made major efforts over the last few years to target distracted driving as a major safety issue to avoid serious accidents and ultimately save lives and reduce insurance costs. The DOT reports ...
Tuesday, April 1, 2014
Textual Despondency
No, this is NOT an April fool's joke. Texting is a major problem and a major distraction from the focus of work. Even if occurring within the scope of employment, it is still a major factor in concentration and is therefore a safety concern. Today's guest post is from David Paolo.
[Click here to see the rest of this post]
Related articles:
This condition reportedly has been a "world wide health concern" since around 2011 when conditions associated with excessive cell phone usage for texting and other mobile communications activities other than a phone call were starting to be identified. A couple of weeks ago I was in San Francisco for the California Workers' Compensation Institute's annual meeting. San Francisco must be the leading city where this "condition" could be studied. I was astounded at how many people walk around that town with their necks bent towards the ground, small devices in hand, paying zero attention to where they are, where they're going, or anyone or anything around them. The number of people with zero spatial orientation or situational awareness as a result of profound hand-held device distraction was amazing to me. Even in the elevator of the hotel where normally cellular signals aren't strong, if existent at all, a couple of gentlemen occupied the car as I got on heading to upper floors; they both were completely immersed in their devices. They did not look up, acknowledge my presence in any way or even acknowledge each other. We got to the seventh floor and, without even a short little glance above the screen in his hand held one fellow starts toward the open doors and says, I presume to the other guy in the elevator, "see you at dinner." The other guy, likewise, did not take his stare off the screen of his hand held device, thumb busy scrambling... |
Related articles:
Nov 03, 2013
Lost in the clamor for stricter distracted-driving laws, a study from April 2013 found discouraging patterns in the relationship between texting bans and traffic fatalities. As one might expect, single occupant vehicle crashes dip ...
Oct 23, 2013
... drive on the roads. While the Federal government has strictly enforced the no texting while driving rule, the states maintain a patchwork of confusing regulations and statutory prohibitions. Today's post is shared from nj.com.
Oct 01, 2013
Andrew M. Cuomo revealed a plan to put "texting zones" on the New York State Thruway and state highways, where drivers can pull over and respond to text messages. This is, in part, a response to the fact that New York has ...
Aug 30, 2013
who is texting from a location remote from the driver of a motor vehicle can be liable to persons injured because the driver was distracted by the text. We hold that the sender of a text message can potentially be liable if an ...
Wednesday, November 27, 2013
Living with Safety this Thanksgiving
Motor vehicle accidents are among the highest causes of injuries to workers. The suggestions issued by the NJ State Police provide a helpful guidance for a safe Thanksgiving Day Weekend.Today's post is shared from njsp.org.
The weather is getting nasty just in time for the busiest travel holiday of the year. With a little planning and a focus on safety, you can make your Thanksgiving travels the most uneventful of your holiday activities. When gearing up for your trip, prepare for winter even though the calendar still says fall. That means filling your tank, checking your tire pressure and wiper blades, and packing a blanket, snacks & water in case of a breakdown. And to keep your blood pressure in check, just leave early because your trip will take much longer than usual because of traffic and road conditions.
In relation to roadway safety, the 2012 Thanksgiving holiday was no reason to celebrate in New Jersey with eight fatal accidents and 10 deaths over the holiday period. Alcohol or drugs was a factor in six of those fatalities. Four of those killed were pedestrians. These are sobering statistics that we do not want to repeat this year.
“It doesn’t matter if you’re driving five minutes up the road or through several states, the basics of safety remain the same,” said Colonel Rick Fuentes, Superintendent of the New Jersey State Police. “Troopers and other law enforcement officers will have zero tolerance for those who create dangers on the roads.”
Distracted driving and aggressive driving are at the top of the list for causing motor vehicle crashes. Troopers will be using a variety of marked and unmarked vehicles to look for texting drivers, unbelted occupants (especially children), speeders, and of course, intoxicated drivers.
New Jersey’s “Move Over” law is still unheeded by many drivers. This law helps protect roadside emergency workers and vehicles including police, fire, medical services, highway maintenance, tow trucks, and official motorist aid vehicles displaying amber, red, or blue emergency lights. Where possible, drivers are required to move over to create an empty lane next to the emergency vehicle. When safely changing lanes is not possible, drivers must slow down below the posted speed limit prior to passing emergency vehicles. Drivers should also be prepared to stop, if necessary.
Increase your travel safety by using these common sense tips:
- Make sure your cell phone is fully charged
- Carry a flashlight with new batteries.
- Bring bottles of water and snacks such as protein bars.
- Insist that all vehicle occupants use seatbelts.
- Don’t drive drowsy. The symptoms of driving tired are similar to those of driving under the influence of drugs or alcohol. Make sure you get enough rest. Use service areas to pull over, stretch your legs, or grab a cup of coffee.
- Steer clear of “road ragers.” Challenging an aggressive driver for a position is a dangerous way to get to your destination a few seconds sooner.
- Use a designated driver. If alcohol figures into your Thanksgiving plans, plan to have one driver stay sober.
- Prepare before you drive. Map your route; fill your tank; check your tire pressure, lights and wiper blades. These simple steps may save you more than just time on the highways.
More than 100 additional state troopers will be supplementing the usual patrols. These troopers are looking for specific violations that lead to crashes, including driving while intoxicated, aggressive driving, and using handheld phones/tablets.
The official Thanksgiving driving period begins at 6:00 p.m. on November 27, and runs through 6:00 a.m. on December 2.
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- Truck driver was looking at phone in deadly crash (workers-compensation.blogspot.com)
- Stephen Colbert Chides Walmart For Employee Food Drive (workers-compensation.blogspot.com)
- Truck Driver Safety and Health (workers-compensation.blogspot.com)
- "Stand By Your Pan": Cook Safely This Thanksgiving to Prevent Kitchen Fires (workers-compensation.blogspot.com)
- Is Walmart's request of associates to help provide Thanksgiving dinner for co-workers proof of low wages? (workers-compensation.blogspot.com)
- Truckers say new HOS rule has increased their fatigue: survey (workers-compensation.blogspot.com)
- Woman was texting and driving when she caused fatal crash with trucker (workers-compensation.blogspot.com)
Monday, November 4, 2013
Truck driver was looking at phone in deadly crash
Distracted driving continues to be a constant cause of accidents in the workplace. Workers' compensation laws and policies have not been modified to encourage the non-use of cellphones. Federal legislation on the other hand outlaws their use. Today's post is shared from azcentral.com
The semi-truck that crashed into several police and fire vehicles, killing an Arizona Department of Public Safety officer in early May, was “tossing cars around like they were toys,” according to one witness statement.
Officer Tim Huffman, 47, was killed on May 6 while investigating an earlier crash on Interstate 8, about 40 miles east of Yuma. An 18-wheeler driven by Jorge Espinoza, 33, had plowed into Huffman’s patrol car and several other vehicles at about 5 p.m.
Espinoza, who faces 20 felony charges including second-degree murder, was on his cell phone at the time of the collision, according to 600 pages of case files obtained by The Arizona Republic on Friday.
The documents and a video from an in-dash camera revealed that Espinoza was on Facebook looking at pictures of provocatively dressed women at the time of the wreck.
Espinoza, who pleaded not guilty in June, told police he was looking over his shoulder at a passing truck when suddenly he felt the violent jolt from the crash. Espinoza was not injured.
He told police he never saw the multiple DPS and fire department vehicles on the roadway, or an officer frantically waving his arms trying to get his attention before he jumped out of the way.
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- Truck Drivers Beware - Your Insurance May Not be What You Think (workers-compensation.blogspot.com)
- Truck Drivers Not Revved Up About New Safety Rules (workers-compensation.blogspot.com)
- Bill to protect texters who send messages to drivers is promised (workers-compensation.blogspot.com)
- Michaels: Safety training is key to health of all workers (workers-compensation.blogspot.com)
Wednesday, October 23, 2013
Woman was texting and driving when she caused fatal crash with trucker
Texting while driving creates an enhanced risk to millions of workers who carefully drive on the roads. While the Federal government has strictly enforced the no texting while driving rule, the states maintain a patchwork of confusing regulations and statutory prohibitions. Today's post is shared from nj.com.
[Click here to see the rest of this post]
A Rahway woman who crashed into a pick-up on Routes 1&9 two weeks ago, killing the truck’s driver, has became the first person in Essex County to be charged with vehicular homicide allegedly caused by texting, Acting Essex County Prosecutor Carolyn Murray said.
Jennifer Sahoye, 35, was initially charged with causing the Oct. 10 death of Carlos Carvalho, 58, while driving on a suspended license. But prosecutors say witnesses saw Sahoye texting when her Volvo sedan veered from the southbound express lanes of Routes 1&9, near the Route 78 interchange, into the southbound local lanes, striking Carvalho’s Ford pickup Carvalho, a welder, was on his way home from work. He was ejected from the truck after it flipped over and was pronounced dead at the scene. Prosecutors say their investigation, aided by witnesses who stopped after the crash, confirmed Sahoye was texting at the time of the crash. "A vehicle is a dangerous thing and driving requires the full attention of the driver," said Thomas Fennelly, the chief assistant prosecutor for Essex County. "Texting can take one's eyes off the road." Carvalho's family did not find out Sahoye was alleged to be... |
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- Bill to protect texters who send messages to drivers is promised (workers-compensation.blogspot.com)
- Drive Safely Work Week (workers-compensation.blogspot.com)
- What Does That Stand For? Commonly Used Acronyms in Workers' Compensation Cases (workers-compensation.blogspot.com)
- Christie Vetoes Bill That Would Have Prevented Some Truck Drivers From Being Treated As Independent Contractors (workers-compensation.blogspot.com)
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Tuesday, October 1, 2013
Do Cities Need Texting Zones?
This post is shared from Nicole Ferraro, Future Cities from www.informationweek.com This week, New York's governor announced a plan to put "texting zones" on state highways. It got me thinking about whether cities need to do the same. First, a bit about the news: In an effort to reduce the number of distracted drivers on the roads of New York, Gov. Andrew M. Cuomo revealed a plan to put "texting zones" on the New York State Thruway and state highways, where drivers can pull over and respond to text messages. This is, in part, a response to the fact that New York has seen a 365% increase in tickets issued to distracted drivers between the summers of 2012 and 2013 (In 2013, 16,027 people were pulled over for talking on cellphones, and 5,553 for texting, as compared to 4,284 and 924, respectively, in 2012). As Cuomo said in a statement, "With this new effort, we are sending a clear message to drivers that there is no excuse to take your hands off the wheel and eyes off the road because your text can wait until the next Texting Zone." Distracted driving is a huge issue for cities. Indeed, just last week we discussed a social media campaign launched by the Mayor of Houston, Texas, to unite Texan cities against texting while driving. With pedestrian death on the rise in cities across the US, there's an absolute need to curb driver distractions. However, there's something about Cuomo's plan that bugs me -- mainly that, in a way, it caves to the compulsion drivers have to... |
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- Chart of the Day: Hands-Free Talking Is as Bad as Talking on a Handset. Maybe Even Worse. (workers-compensation.blogspot.com)
- No Shopping Zone: Medicare Is Not Part Of New Insurance Marketplaces (workers-compensation.blogspot.com)
- Federal arbitration board orders FEMA to pay New Orleans Katrina responders (workers-compensation.blogspot.com)
Wednesday, September 25, 2013
Chart of the Day: Hands-Free Talking Is as Bad as Talking on a Handset. Maybe Even Worse.
Michael O'Hare points us this morning to a study of cell phone usage in cars that confirms the obvious: it's dangerous. More dangerous than driving drunk, in fact. What's more, as the chart on the right shows, hands-free talking doesn't help. In fact, for certain To understand the reason, consider driving while (i) listening to the radio as I was (ii) conversing with an adult passenger (iii) transporting a four-year-old (iv) sharing the front seat with a largish dog. The radio is not a person, and you subconsciously know that you may miss something if you attend to something in the road ahead, but also that you won’t insult it if you “listen away”, and it won’t suffer, much less indicate unease. The adult passenger can see out the windshield and also catch very subtle changes in your tone of voice or body language. If you stop talking to attend to the car braking up ahead, the passenger knows why instantly, and accommodates, and because you know this, you aren’t anxious about interrupting the conversation. The dog and the child, in contrast, are completely unaware of what’s coming up on the road or what you need to pay attention to; the former is happy to jump in your lap if it seems like a good idea at any moment, and the child demands attention on her own schedule and at... |
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Sunday, September 8, 2013
Bill to protect texters who send messages to drivers is promised
A Republican assemblywoman from Monmouth County plans to introduce legislation to protect texters from being sued if they send a distracting message to a driver who gets into an accident. The bill, authored by Assemblywoman Caroline Casagrande, comes in response to last week’s groundbreaking decision by two state appeals court judges who said texters who send messages to someone they know is driving have a responsibility to other drivers. “It is a sad state of affairs when a court believes that someone sending a text message can be held accountable if they have a special reason to know the recipient will be driving a vehicle and then read the message,” Casagrande said. “This legislation puts the responsibility where it belongs – in the front seat with the driver – not with the sender who can be held culpable for something beyond their control.” Last week’s ruling was the result of an appeal by a couple who were riding a motorcycle through Morris County in September 2009 when they collided with a pickup truck that had just crossed over a double center line. The couple, David and Linda Kubert, each lost a part of a leg in the crash. They sued driver Kyle Best of Wharton and Shannon Colonna, who sent Best a text message moments before the accident. A three-judge panel tossed out claims against Colonna, saying there was no evidence to suggest she knew Best was driving. However, two members of the appellate panel said... |
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Saturday, August 31, 2013
New Jersey court rules texting a driver creates liability
The New Jersey Superior Court [official website] ruled [opinion, PDF] Tuesday that knowingly sending a text message to someone who is behind the wheel creates liability for any causes of action that result from a potential collision. Previously, liability was only assigned to the driver that was texting. Defendant Shannon Colonna was sued for texting a driver who collided with a motorcyle less than 10 seconds after responding to her message.
The trial court dismissed [Bloomberg report] the plaintiff's theory of proximate cause, aiding and abetting illegal activity and joint liability against Colonna in a summary judgment. However, the plaintiffs appealed and the appellate court validated all of the theories of liability against her as trial-worthy arguments. However, the court found that the plaintiffs did not procure enough evidence to indicate that Colonna knew or had special reason to know that the recipient of her message was driving, and thus again dismissed the case for her liability: [W]e also reject defendant's argument that a sender of text messages never has a duty to avoid texting to a person driving a vehicle. We conclude that a person sending text messages has a duty not to text someone who is driving if the texter knows, or has special reason to know, the recipient will view the text while driving.In response to this crash and several others, the New Jersey legislature enacted the Kulesh, Kubert, and Bolis Law [press release] to increase penalties... |
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Friday, August 30, 2013
Texting a Message to A Driver Imposes Liability for an Accident
In an unanimous decision a NJ Appellate Court held a texter potentially liable for causing a motor vehicle accident:
"The issue before us is not directly addressed by these
statutes or any case law that has been brought to our attention.
"We must determine as a matter of civil common law whether one
who is texting from a location remote from the driver of a motor
vehicle can be liable to persons injured because the driver was
distracted by the text. We hold that the sender of a text
message can potentially be liable if an accident is caused by
texting, but only if the sender knew or had special reason to
know that the recipient would view the text while driving and
thus be distracted.
"In this appeal, we must also decide whether plaintiffs have
shown sufficient evidence to defeat summary judgment in favor of
the remote texter. We conclude they have not. We affirm the
trial court's order dismissing plaintiffs' complaint against the
sender of the text messages, but we do not adopt the trial
court's reasoning that a remote texter does not have a legal
duty to avoid sending text messages to one who is driving.
"We conclude that a person sending text messages has a
duty not to text someone who is driving if the texter knows, or
has special reason to know, the recipient will view the text
while driving. But we also conclude that plaintiffs have not
presented sufficient evidence to prove that Colonna had such
knowledge when she texted Best immediately before the accident.
LINDA KUBERT AND DAVID
KUBERT,
Plaintiffs-Appellants,
v.
KYLE BEST, SUSAN R. BEST,
EXECUTRIX OF THE ESTATE OF
NICKOLAS J. BEST, DECEASED,
Defendants,
and
SHANNON COLONNA,
Defendant-Respondent.
SUPERIOR COURT OF NEW JERSEY
APPELLATE DIVISION
DOCKET NO. A-1128-12T4
August 27, 2013
Read more about "texting" and workers' compensation:
"The issue before us is not directly addressed by these
statutes or any case law that has been brought to our attention.
"We must determine as a matter of civil common law whether one
who is texting from a location remote from the driver of a motor
vehicle can be liable to persons injured because the driver was
distracted by the text. We hold that the sender of a text
message can potentially be liable if an accident is caused by
texting, but only if the sender knew or had special reason to
know that the recipient would view the text while driving and
thus be distracted.
"In this appeal, we must also decide whether plaintiffs have
shown sufficient evidence to defeat summary judgment in favor of
the remote texter. We conclude they have not. We affirm the
trial court's order dismissing plaintiffs' complaint against the
sender of the text messages, but we do not adopt the trial
court's reasoning that a remote texter does not have a legal
duty to avoid sending text messages to one who is driving.
"We conclude that a person sending text messages has a
duty not to text someone who is driving if the texter knows, or
has special reason to know, the recipient will view the text
while driving. But we also conclude that plaintiffs have not
presented sufficient evidence to prove that Colonna had such
knowledge when she texted Best immediately before the accident.
LINDA KUBERT AND DAVID
KUBERT,
Plaintiffs-Appellants,
v.
KYLE BEST, SUSAN R. BEST,
EXECUTRIX OF THE ESTATE OF
NICKOLAS J. BEST, DECEASED,
Defendants,
and
SHANNON COLONNA,
Defendant-Respondent.
SUPERIOR COURT OF NEW JERSEY
APPELLATE DIVISION
DOCKET NO. A-1128-12T4
August 27, 2013
….
Jon L. Gelman of Wayne NJ is the author NJ Workers’ Compensation Law (West-Thompson) and co-author of the national treatise, Modern Workers’ Compensation Law (West-Thompson). For over 4 decades the Law Offices of Jon L Gelman 1.973.696.7900 jon@gelmans.com have been representing injured workers and their families who have suffered occupational accidents and illnesses.
Read more about "texting" and workers' compensation:
Jul 31, 2009
New technology encroaching upon the workplace has been both a help and a hindrance. Recent studies add to the growing volumes of data reporting that the use of cell phones while driving provides a significant distraction ...
Feb 11, 2011
A workers compensation claim filed by a state trooper for injuries he sustained while texting and speeding 126 miles per hour that resulting in a fatal accident with oncoming teenagers, a driver and a passenger, has drawn ...
Apr 29, 2011
CDC urged employers to prohibit texting while driving. A safety initiative by employers will go along way to reducing workers' compensation costs. "What is already known on this topic? Highway transportation crashes are the ...
Apr 18, 2011
Following the policy announced by President Obama in his Executive Order banning texting while driving, OSHA is calling upon all employers to ban texting while driving. It is the intention of OSHA to provide education and ...
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