Columbia, Missouri Personal Injury Law Blog

The disturbing rise in distracted driving accidents in Missouri and around the country is often blamed on the popularity of portable electronic devices, but the results of a recent study from Erie Insurance suggests that being lost in thought while behind the wheel actually kills and injures far more road users each year than cell phone use. The Pennsylvania-based auto insurer came to its conclusions after analyzing data from the National Highway Traffic Safety Administration's Fatality Analysis Reporting System gathered over the last five years. The results of the study were released on April 3 to mark the beginning of Distracted Driving Awareness Month.

The researchers concede that the problem of distracted diving may be more serious than the FARS data indicates. This is because much of the information used by NHTSA is provided by police officers in the field, and motorists may be reluctant to admit to law enforcement that they were not paying attention when they crashed. However, these police reports do reveal that about 10 percent of the 172,000 road users who died in the collisions studied by Erie Insurance researchers lost their lives in accidents involving a distracted driver.

Some safety advocates in Missouri may be eager for the future of autonomous driving technology. According to a professor from Arizona State, however, human developers could be passing down their unsafe driving habits to these self-driving vehicles. In March, an Uber test car in self-driving mode hit and killed a pedestrian in Arizona. The car likely didn't see the victim because it was too dark to detect anything.

Reports suggest that by the time the person could be seen by the vehicle, there was little or no time to stop or slow down. The professor suggests that all autonomous cars should be designed to proceed extra cautiously in unlighted areas. Furthermore, autonomous cars should travel at speeds that make it possible to stop quickly if a person or object suddenly comes into the field of vision.

Missouri drivers might be concerned to learn an advocacy group for independent truck drivers is seeking to prevent the federal agency in charge of trucking safety from taking steps designed to reduce the number of drowsy drivers on the nation's highways. Sleep apnea deprives its victims of quality rest and may contribute to sleep-deprived truckers. Proposed regulations would require screening for sleep apnea and potential referral for specialized treatment. Truckers are required to obtain a physical clearing them for driving at least every two years.

The Federal Motor Carrier Safety Administration (FMCSA) proposed a change to the medical certification form in 2015 which added questions about sleep apnea and required referral to a specialist if certain high-risk criteria were apparent to the doctor performing the physical. The Owner-Operated Independent Drivers Association (OOIDA) filed suit to stop the agency from implementing the changes. According to the OOIDA, the agency did not comply with legally mandated procedures for implementing new regulations. Specifically, the OOIDA claims the agency did not allow for public comments and review before implementing the changes. Ironically, the Trump administration eliminated the proposed regulation regarding sleep apnea in 2017, but the OOIDA says the process that had been in place, which included screening and costly tests, is still burdening truckers economically.

Road safety can be a major concern for drivers in Missouri and across the United States, and a car accident can lead to serious personal injuries as well as property damage. One report aims at providing suggestions to state governors about steps that they can take to help cut down the risk of car crashes on the roads. Published by the National Governors Association, the report emphasizes the role of state governments in working to improve safety, including coordinating efforts among different agencies in order to improve their success.

There are often a number of departments and agencies in one state tasked with issues related to roadway safety. A governor with a strong commitment to highway safety can play a strong leadership role in bringing them together to work on a coordinated plan to save lives. The National Governors Association and the Governors Highway Safety Association expressed that their goal is to achieve zero fatalities due to traffic accidents.