Archives for May 2018

New drivers face many challenges as they build up the experience needed to manage everyday distractions and crisis situations behind the wheel. Teen drivers account for 10% of distracted driving accidents nationwide,¹ with rear-end accidents being one of the most common collisions caused by inattentive driving.

Your auto accident attorney knows that Texas law requires drivers to utilize a safe following distance and to maintain a proper lookout. Essentially, being unable to stop in time to prevent a rear-end collision strongly suggests inattentive or distracted driving.

Since September 1, 2017, Texas law forbids texting while driving, further strengthening and clarifying the existing laws regarding distracted or inattentive driving, as well as directly banning cell phone use while driving for those under 18.⁴

Texas teens and their parents will need a solid understanding of this topic. Let’s clearly define distracted driving, explore how it is a causative factor in rear-end accidents, and discuss strategies teens can use to stay safe through this phase of driving.

Distracted Driving Defined

Distracted driving statistics indicate that every day about 9 people die and more than 1,000 are injured in accidents caused by this behavior,⁵ and, of all age groups, teens have the highest fatality rate.² These facts are definitely cause for concern.

Distracted or inattentive driving is defined as operating a vehicle while performing another task which is:

• Manually distracting—Takes your hands off the wheel or your feet off the pedals.
• Cognitively distracting— Mentally distracts you from the task of driving.
• Visually distracting—Interferes with keeping your eyes on the road.
• Auditorily distracting—Interferes with your ability to hear road dangers and warning sounds.

Why Are Teens at Higher Risk of Distracted Driving?

Teens may underestimate the dangers due to their lack of driving experience. They are also statistically more likely to engage in these high risk driving behaviors that leave little room for error:³

• Speeding or driving too fast for conditions
• Following too close; tailgating
• Passing without enough clearance
• Failing to yield
• Not wearing a seat belt

The Top 5 Driving Distractions

Consider including these common categories of driving distractions when you coach your teen about safe driving. Because they are lacking the experience to recognize dangerous situations or make critical decisions on the spur of the moment, considering these dangers beforehand will help prepare your teen for the situations they will face.

To avoid dangerous rear-end collisions, high insurance rates, and the need for an auto accident lawyer, be sure your teen understands these common distractions and has strategies ready to combat them:

1. Texting While Driving

Despite state laws forbidding the practice, a recent survey showed that almost half of teen drivers admitted to reading a text message or email while driving in the past 30 days.⁶ They indicated that they understood the rules against this behavior, but were still the most likely age group to hold multi-text conversations at the wheel.²

Considering that, at 55 mph, reading five seconds of text means you drive the length of a football field without looking, understanding the seriousness of the risk is the key to prevention. Help your teen to understand that the following distance needed to avoid rear-end accidents is drastically increased if distractions take their eyes from the road ahead and one hand off the wheel.

Slowing down while texting or using the phone can also cause teens to be the victims of rear-end collisions if they fail to follow traffic flow or react to traffic light changes. All in all, this may be the most dangerous of teen driving habits, and it deserves extra parental attention.

2. Other Technological Distractions

Adjusting mirrors, programming the GPS, and changing the radio station all take your teen’s eyes off the road and attention away from driving safely. Teach and model the habit of making these adjustments before taking the car out of park. The moments it takes to do a check of all the necessary systems before beginning to drive mean full focus while the car is moving.

Many teens—and adults—find music relaxing while they drive. Encourage your teens to have a driving playlist so that no changes are needed while moving and to keep the volume low enough that they can easily hear horns, sirens, or train whistles while driving.

3. Eating and Drinking

Both of these are distracting and require a hand to leave the steering wheel. Taking care not to spill liquids or drip cheeseburger juice on your outfit means your attention is divided. A sudden spill can cause a sudden swerve for an inexperienced driver. Coach your teen to eat or drink before long drives or stop to enjoy a snack or beverage.

4. Personal Grooming

Taking care of those last-minute grooming tasks behind the wheel might seem efficient, but it is a dangerous practice. Teens are some of the most rushed and appearance-conscious people among us, and looking good upon arrival may seem urgent, but coach your teens to brush their hair and apply makeup only when the vehicle is parked. The results will be much better in any case.

5. Teen Passengers

Talk to your teen about the responsibility of passengers, in general, and teen passengers in particular. All children, pets, and passengers should be secured before starting the car, to reduce their distracting influence.

Having teen passengers, especially male teens, statistically increases risky driving behaviors like following too close, or tailgating.⁵ Peer pressure to pass or drive faster or just general exuberance and requests to turn up the music can all be factors in inattentive or reckless driving behaviors.

Teach your teens what is expected and that they are in charge of the situation as the driver. Passengers will need to wear seat belts and avoid distracting or harassing them while they drive. Above all, coach your teens not to start or continue driving if they feel they cannot do so safely, no matter what the reason.

Coaching Your Teen About Driving Safely

Teens need this important time to gain experience behind the wheel, and parents will want to open up a dialog about the safety rules they expect their teens to follow. Looking at this as a coaching opportunity can keep the lines of communication open while sharing and even expanding your own driving expertise.

Topics to Cover

Consider coaching your teen on all of these potentially dangerous driving situations:

• Distracted Driving
• Nighttime Driving
• Drowsy Driving
• Reckless or Aggressive Driving
• Road Rage
• Peer Pressure
• Impaired Driving

Coaching Strategies

Your teens are individuals, and you know how best to motivate them, but consider some of these suggestions when having the important discussions:

• Teach by example, and make sure you avoid driving when distracted.
• Point out when you are doing your pre-drive check of mirrors, GPS, music, etc.
• Be open to changing if they point out your own habits which don’t align with the rules.
• Support them in noticing and calling out their friends’ bad driving habits.
• Suggest safe driving pledge programs or other activities that reward safe driving.

Discuss what to do if they are involved in an accident, describe the process, and mention that police, an insurance company agent, and car accident lawyer may need to be involved.

Being There if an Accident Happens

Developing these safe driving habits during this critical phase will reap benefits down the road. Sometimes, despite developing these skills, your teens might be involved in accidents and need an experienced car, motorcycle, or truck accident lawyer on their side in a dispute.

Before you decide to deal with your teen’s accident through your insurance agency’s attorneys, reach out to an expert car accident attorney from the Houston, Texas team of Schechter, McElwee, Shaffer & Harris, L.L.P. We will be happy to offer a free consultation without obligation to discuss the details of a rear-end accident or other collision.

There are no fees unless you win the case, and you and your family deserve fair compensation. Ensure your own allies are gathering the evidence on your family’s behalf while the information is still fresh and compelling. Call us today and let us protect your teen from paying the price of someone else’s distracted driving.

Sources:

1. https://www.khou.com/article/news/local/a-look-at-distracted-driving-on-national-teen-driver-safety-week/337362964
2. https://www.dmv.org/distracted-driving/teens-and-distracted-driving.php
3. https://www.justia.com/injury/motor-vehicle-accidents/car-accidents/teen-driver-car-accidents/
4. https://www.txdot.gov/inside-txdot/media-center/statewide-news/018-2017.html
5. https://www.cdc.gov/motorvehiclesafety/teen_drivers/teendrivers_factsheet.html
6. https://newsroom.aaa.com/2016/06/aaa-reveals-top-driving-distractions-teens-100-deadliest-days-begin/

Tailgating is a leading cause of rear-end collisions, which comprise 23% of all motor vehicle crashes.¹ The victims of this illegal behavior may not know how to protect against aggressive drivers and look to car accident lawyers for help with their injuries and damages after an accident.

There are steps you can take to avoid following too close, prevent others from tailgating you, or to safely escape the situation if it happens. Texas drivers have a duty to exercise care, caution, and control, as well as keeping a “proper lookout.” But what does that mean?

Let’s look at the key factors behind tailgating and road rage in more detail.

What Is Tailgating?

Tailgating is following the vehicle in front of you so closely that you would be unable to stop suddenly with room to spare. Following too closely is a leading cause of rear-end collisions and might result in a traffic ticket or even a car accident law suit.

So, it is clear that we need to follow the vehicle in front of us at a safe and cautious distance. But just how far is that?

What Is a Safe Following Distance?

According to state highway and transportation officials, the minimum safe following distance is two seconds.¹ In daylight and perfect driving conditions, when the car in front of you passes a mile marker, count 2 seconds. If you pass the mile marker early, you are following too close.

At night, the recommended minimum safe spacing is 3 seconds, and 4 seconds in inclement weather. Of course, these recommendations cannot fully account for these factors that affect your stopping distance:

• Speed. The faster you are moving the more distance you will need to stop.
• Rain. The first few minutes of a rainstorm are the most dangerous, due to oil and dust on the road surface.
• Tire Condition. If your tires are lacking tread, you will require a longer distance to stop.
• Brake System Health. If essential parts are worn, use extra caution until these are repaired.
• Variability Between Vehicles. Heavily loaded vehicles or those with trailers take longer to stop. Motorcycles and small cars stop quickly, perhaps more quickly than you expect. Allow more space when driving these types of vehicles and be aware of them in traffic around you.

Expect the Unexpected

In less than perfect conditions it takes a second or more to notice and analyze danger, this is known as perception time. Then, the body needs time to react, applying the brake or taking evasive action, which is our reaction time.

Low visibility and distraction lengthen perception times, while fatigue or other factors increase reaction times. Both of these play into choosing the right following distance for the current situation.

Nothing stops the vehicle in front of you faster than impact. When determining your safe following distance, remember that an animal could run out suddenly or cars in front of you could have an accident, causing a pileup.

Fog, rain, and darkness increase perception time. Watch for brake lights and keep these factors in mind at night or in busy fast-moving traffic and make sure you and your passengers arrive safely.

Discouraging Tailgaters and Mitigating Road Rage

Tailgating and sudden braking is the number one reported reason for road rage. A surprising 39.5% of the time, this is the identified trigger for the aggressive, abusive, and dangerous driving behaviors commonly known as road rage.²

Accidents which include road rage behavior are difficult to settle fairly and might send you to the office of an auto injury lawyer. Prevention is a far better first step than allowing anger or anxiety to change your safe driving habits. Keeping your own emotions in check is essential but won’t change the behavior of other drivers.

So, what can you do to stop others from tailgating your car and putting your safety at risk? There are proactive and reactive strategies you may employ to defuse tense driving situations.

Prevention Is the Best Defense

Even if you are driving the speed limit, other drivers may be traveling faster than you. Rather than ignoring their desire to pass you, offer them every opportunity to safely go around. Remember that you are the responsible driver and your actions protect your own safety.

• If a car is tailgating you, take advantage of available slow traffic pull-outs.
• Keep in the right-hand lane except to pass. Observe “slow traffic keep right” signage.
• Be aware of fast-moving cars that may pass on the right without giving you time to merge back.
• Don’t speed up on straightaways; allow those behind you to pass if they are waiting.
• Allow fast-moving cars to merge in front of you if safe and practical.
• Avoid pacing the car or truck beside you which creates a “rolling roadblock” effect which may frustrate other drivers.
• If another driver flashes their lights, realize that in many parts of the country this is just a sign of their intention to go around you, not an intentional insult. Do what you can to make it safer for them to pass.
• Use your turn signals early and let the tailgater know you are changing lanes or slowing down for a turn.
• Avoid trapping other drivers behind another slow-moving vehicle or cutting off other vehicles only to slow down in front of them.

What If These Steps Don’t Work?

While practicing good driving etiquette can keep you out of harm’s way, you might encounter someone who is determined to tailgate you for reasons of their own. There are a few more steps you can take to reduce the risk of being in an accident.

• Remain calm, give extra attention to your own driving, and don’t speed.
• Turn the music down and if you were on the phone, end your call.
• Do not repeatedly tap the brake or slow down drastically for no reason.
• Give them every opportunity to pass you safely.
• Get behind a truck or other large vehicle traveling at a steady speed.
• Take the next safe turn or pull off into a business or wayside.

What Should You Do If You Are in an Accident Involving Tailgating?

Perhaps despite all of your best efforts the worst happens, and you are involved in a rear-end collision. Before you call a car accident injury attorney, take care of essential steps first.

1. Call the police. Insurance companies and car accident injury lawyers expect there will be a police report. The officer can also call for an ambulance, tow trucks, and traffic control backup to prevent the accident from becoming a pileup.
2. Document all information. Make notes and take pictures if possible. Get the names of any witnesses and how to contact them, as well as getting all information about the other driver involved and their passengers. Document the information for your own passengers as well.
3. Get medical help. After an accident you or the others involved may be in shock and not able to evaluate your own injuries, and it might be days before all injuries are apparent. Seeking medical advice early begins the medical record that may be an important part of any dispute.
4. Seek legal advice. If you or a passenger in your vehicle was injured, relying on the insurance companies to offer a full and fair settlement might be a disappointing plan. Car accident lawyers are personal injury attorneys, and reputable firms will offer a free consultation and no fee unless you win your case, so get the best advice you can.

Look Out Behind You

If you are injured in a motor vehicle accident, looking for a free legal consultation and safeguarding the opportunity to receive fair and full compensation will be the best next step you can take. Car accident law firms vary widely in their level of expertise and reputation, so choose a team you can trust.

One of the most experienced firms you can have on your side in any personal injury dispute is Schechter, McElwee, Shaffer & Harris, L.L.P. With over 100 years of combined trial experience and thousands of satisfied clients, we have the best team of car accident lawyers in Houston and beyond.

Call Schechter, McElwee, Shaffer & Harris, L.L.P. today for your free consultation and to find out if you might be owed compensation such as medical expenses, lost wages, or pain and suffering. There is no substitute for an expert evaluation of the facts in your case. Best of all, there is no fee unless you win your case.

If tailgating causes your accident, don’t let what’s behind you stand in the way of your future. Take care of yourself and find the strongest allies to deal with the insurance company lawyers on the other side. Every day memories fade and facts might be forgotten, so reach out to the experts as soon as possible.

Sources:

1. http://www.tdi.texas.gov/pubs/videoresource/fsriskstailgati.pdf
2. http://www.dailymail.co.uk/news/article-47149/Tailgating-main-cause-road-rage.html