Transcript Distracted driving – How much could a call or text really

Distracted driving – How much
could a call or text really cost your
organization?
Ted Wilburn, CSP, ALCM, CRIS
Risk Engineering Portfolio Executive
Construction South Zone
Risk Engineering
Objectives
By the end of this program, you should be able to:
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Explain the causes, effects and costs of distracted driving
Recognize the liability your company faces from Mobile Communication
Device usage by your employees and the connected legal environment
Implement best practices to drive down the risk of distracted driving
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Definition
A diversion of attention from driving because the driver is temporarily
focusing on an object, person, task, or event not related to driving which
reduces the driver’s awareness, decision making and/or performance
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Any activity that takes your eyes off the road
or
Any activity that takes your hands off the wheel
or
Any activity that takes your mind off the driving task
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NHTSA’s top 10 causes of crashes
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Excess drowsiness or falling asleep
Operating a cell phone or other hand-held device
Talking on a cell phone or to another passenger
Reading or looking at a map
Eating or drinking
Applying makeup
Reaching for a CD or adjusting the radio
Reaching for an object that is sliding off the seat
Looking at surroundings (rubbernecking)
An insect inside the vehicle
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Distraction issues
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Distracted drivers are significantly more at risk than drivers
concentrating solely on their driving.
Cell phone use while driving can cause ‘tunnel vision’, staring straight
ahead while distracted by their conversations.
Drivers need to be especially cautious and avoid distractions in heavy
traffic, near schools and busy intersections, entering freeways, and
during inclement weather.
Cell phones, radios, and MDT’s are very useful devices but they can
also distract a driver.
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Driver inattention
Driver inattention is a leading cause of traffic crashes, responsible for
about 80 percent of all collisions.
(National Highway Traffic Safety Administration - NHTSA)
The #1 source of driver inattention is cell phones.
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(Virginia Tech 100-car study for NHTSA)
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Impaired driving
Driving
Impairment
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Using a
mobile
comms
device
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This is not difficult, but it is hard
Policy /
procedure
Education
Technolog
y
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Culture
change
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Cause, effects and costs
Risk Engineering
Rapidly growing problem
Thousands of new mobile communications devices (MCD) are issued
everyday.
Talking on the cell phone and driving while texting (DWT) have become
prolific
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Several high profile crashes have brought this to public attention
The US government has begun taking serious actions
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Poll
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Have you talked
on the cell phone
for more than 30
seconds or
sent/received a
text message while
driving in the past
30 days?
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Public viewpoint
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Distracted
Driving is now
the number
one safety
concern of the
American
driving public
82% of drivers
rated
Distracted
Driving a
SERIOUS
problem1
Respondents
rank
Distracted
Driving higher
than drunken
driving
Popular
bumper sticker
– Shut up and
Drive!
These same
people could
be making
decisions
about your
liability
12008:
American Automobile
Association - Foundation for Traffic
Safety
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Statistics
E. 660,000 drivers using handheld cellphones while driving at any
moment during daylight hours
55% of drivers admit to using mobile phone at least some time while
driving
30% texted or emailed while driving within past 30 days - CDC
Accidents as result of distracted driving often fatal
3,328 people died and 421,000 injured in such cases in 2012 per the
NATSA
FMCSA – drivers dialing phone 6x more likely to be involved in crash,
near crash, or unintended lane change
Jumps to 23x when texting or emailing
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What is
distracted
driving?
• Any activity that takes your eyes off the
road
• Any activity that takes your hands off the
wheel
• Any activity that takes your mind off
the driving task
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The findings
Comparisons
have been
made to driving
Reaction time
under the
and perception
influence of
are impaired
alcohol –
socially
unacceptable
22009
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Virginia Tech
study2
determined
driving while
texting
increases
crash risk by
23x
Use of mobile
communication
devices causes
impaired
driving
VTTI 100-Car Naturalistic Study
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Distractions and reactions
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Manual manipulation of the device diverts cognitive resources
Visual-manual subtasks (reaching for, dialing, texting)
Multitasking creates lag time that reduces reaction time
2-second distraction – the vehicle has traveled over 160 feet
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Different conversations – different
outcomes
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Talking and texting differs from talking to
passengers
Cell phone use while driving can cause
‘tunnel vision’
Concentration required to talk on cell
phone taps into “working memory” –
leaves less capacity to assimilate
important visual info outside the vehicle
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The hands-free myth
No difference in the cognitive
distraction between hand-held and
hands-free devices
Can reduce manipulative distraction
Using a cell phone while driving
increases crash risk by 3x
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(Source: 2013 study VA Tech Transportation Institute)
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The consequences
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Losing track of the changing environment
leads to this
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What does this cost?
Driver inattention is a leading
cause of traffic crashes –
80% of all collisions 4
Average on-highway crash
cost your organization
$100,000
The annual cost of crashes
caused by cell phone use is
estimated to be $43 billion3
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The #1 source of driver
inattention is MCD
One of the top
insurance losses
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3Virginia
Tech 100-car study for NHTSA
Highway Traffic Safety Administration – NHTSA
4National
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The ultimate costs
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Auto crashes are a leading cause of
work related injuries.1
Auto crashes are the leading cause
of work related fatalities worldwide! 2
1.
Zurich Claim data/Worker Safety Index
2.
US Bureau of Labor Statistics/World Health Organization
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Laws and legal findings
Risk Engineering
The law
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Currently all but 6 states in the US now ban driving while texting
and 9 limit cell phone use
FMCSA prohibits use of cell phones by commercial truck and bus
drivers (2012) except for 911 and emergency calls
Above also prohibits motor carriers and employers from requiring
or allowing drivers of CMVs to use hand-held mobile phones
The UK has some of the toughest MCD laws
Canada now restricts cell phone use and bans texting in most
provinces
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Perception
s
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Consequences
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Productivity traps
We live in an “always connected” world
Many perceive driving as “down time”
Read email, text and catch up on phone calls
Organizations often knowingly or unknowingly encourage risky behavior
Expect return phone calls during drive time
Schedule conference calls during drive time
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Such actions create the perception of acceptance even if company
policies exclude MCD usage
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Liability and negligence exposures
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Your business may be liable, even negligent
Employers can be held vicariously responsible for damages
It has been established in a number of cases in numerous states
Employers were found negligent for either tacitly endorsing cell-phone
use while driving or not implementing policies
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Case study
An associate in a law firm accidentally swerved off the road
She struck and killed a 15 year-old
Her employer is facing a $30 million dollar wrongful death suit
The suit contends:
Employee was acting in the scope of her employment
Cell phones and driving was encouraged
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Company had no policy on cell phone usage in the vehicle
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Cell phone usage causes death
Employee
was driving
his personal
vehicle on
company
business
Large
brokerage firm
paid $500,000
to settle a
case
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Motorcyclist killed
when hit by a
stockbroker who was
using a cell phone
while driving
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Senseless crash seriously injures
women
An employee was using her
company-supplied cell phone as
she drove
She rear-ended a vehicle driven
by another woman
The collision resulted in the
amputation of other woman’s
arm
$5.2 million payout
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Was it worth it?
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Legal implications
Vicarious liability – company can be held responsible for losses caused
by employee(s)
In a work vehicle
On work time
Even discussing work
$ awards increasing in size
Numerous civil cases resulting in jail terms
Utah – DWT with fatality – civil case
Negligent homicide
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$10,000 fine, 15-year jail term
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Do businesses understand the risk?
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Many businesses understand the risk and are already taking action
45 percent of NSC members said their companies had some kind of
cell phone policy
22 percent said they re-engineered their business processes to
accommodate the policy
85 percent said the policy did not affect productivity.
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Best practices
You can implement policies immediately
Risk Engineering
Step One: Policy
Create and
implement
polices and
procedures
Courts and public recognize efforts to reduce risk
Strong policies are the foundation
Procedures must reflect the intent of the policies
These efforts are not bullet proof but necessary
• Total ban on all cell phones and communication devices
• Total ban on use of all wireless devices or personal entertainment
• Permitting only emergency use with a statement for safety, such as
pull over safely, etc.
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Best practice
•
•
•
•
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Sample policy language
Distracted driving
1. Use of personal communication device (MCD)
The use of wireless communication devices, such as cell phones —
including those equipped with “hands-free devices” — are not permitted
while driving a vehicle on company business.
However, these devices may be used when the vehicle is safely parked in a
designated parking area.
2.
Use of personal stereo devices
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Employees are prohibited from using a headset with any type of stereo or
music device while operating a motor vehicle.
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Step 2: Education and culture
Education
• Create one where driving while
texting is not accepted
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Culture
• Your organization and your
customers
• Post warnings
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What else should you do?
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The policy should be clearly articulated, broadly communicated,
and uniformly enforced
Policy in writing; have employees sign a document acknowledging
they have read it
Train and train often – document!
Post warnings on employer owned cell phone and in employer
owned vehicles
Inform clients of your cell phone policy
Courts recognize this as an indication that the employer discussed
with the employees the importance of this issue and will serve to
reduce the likelihood of any charges of employer negligence
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© 2010 Zurich Services Corporation
Conclusion
Having a policy is not a bullet-proof shield against liability;
however, an employer will be in a better position legally than the
employer who has no policy
Nothing is more important than your safety, the safety of those
traveling with you, and the safety of other motorists sharing the
road.
Companies must recognize that they need to develop a policy to
help reduce their liability.
Motorists must recognize that driving demands self discipline,
complete attention and respect for the task at hand.
Choosing to drive safely is never a decision you will regret.
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Thank you for attending!
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© 2010 Zurich Services Corporation
© 2010 Zurich Services Corporation. All rights reserved.
The information in this publication and presentation was compiled by Zurich Services Corporation from sources believed to be reliable. Further,
all sample policies and procedures herein should serve as a guideline which you can use to create your own policies and procedures. We trust
that you will customize these samples to reflect your own operations and believe that these samples may serve as a helpful platform for this
endeavor. Any and all information contained herein is not intended to constitute legal advice and accordingly, you should consult with your own
attorneys when developing programs and policies. We do not guarantee the accuracy of this information or any results and further assume no
liability in connection with this publication and presentation and sample policies and procedures, including any information, methods or safety
suggestions contained herein. Moreover, Zurich Services Corporation reminds you that this cannot be assumed to contain every acceptable
safety and compliance procedure or that additional procedures might not be appropriate under the circumstances. The subject matter of this
publication and presentation is not tied to any specific insurance product nor will adopting these policies and procedures ensure coverage under
any insurance policy.
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