Presenting a live 90-minute webinar with interactive Q&A Distracted Driving Accident Claims Involving Smart Phones: Pursuing or Defending Litigation Conducting Pre-Suit Investigations and Discovery, Leveraging Expert Witnesses, Vicarious Liability Considerations TUESDAY, AUGUST 1, 2017 1pm Eastern | 12pm Central | 11am Mountain | 10am Pacific Today’s faculty features: Steven M. Gursten, Attorney, Michigan Auto Law , Farmington Hills, Mich. Jacob J. Liro, Partner , Wicker Smith O'Hara McCoy & Ford , Miami The audio portion of the conference may be accessed via the telephone or by using your computer's speakers. Please refer to the instructions emailed to registrants for additional information. If you have any questions, please contact Customer Service at 1-800-926-7926 ext. 10 .
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DISTRACTED DRIVING ACCIDENT CLAIMS INVOLVING SMART PHONES: PURSUING OR DEFENDING LITIGATION Conducting Pre-Suit Investigations and Discovery, Leveraging Expert Witnesses, Vicarious Liability Considerations Stafford | August 1 st , 2017 Steven M. Gursten Jacob J. Liro Farmington Hills, Michigan Miami, Florida Mr. Gursten focuses his practice on serious auto and truck Mr. Liro focuses his defense litigation practice in accident injury and wrongful death cases. He frequently the areas of construction, transportation, lectures at legal seminars throughout the country on trial professional malpractice, employment and advocacy, trucking litigation, and traumatic brain injury catastrophic injury. He is a member of the firm's cases. He has recovered the top-reported jury verdict for a Transportation Practice Group and is on their car or truck accident in Michigan for multiple years, Transportation Rapid Response Team. He is according to published reports. He serves as President of frequent author and presenter on automobile the Motor Vehicle Trial Lawyers Association and a Past negligence, among other topics. Chair of the American Association (AAJ) for Justice Truck Accident Litigation Group.
* Why pursue evidence * of distracted driving in your auto or truck wreck case? Texting is the new drunk driving
7 ? What does the research show? Distracted Driving Accident Claims Involving Smart Phones Presented by:
8 * The Headlines Texting while driving was more dangerous than drunk driving. ~Car and Driver Magazine. Texting while driving “[ i ]s 6x more dangerous than driving while intoxicated,” ~Forbes. [I]mpairments to driving” due to distraction from “voice - based interaction” with a “speech - to- text system” may rise to the level associated with drunk driving, ~AAA-Foundation for Traffic Safety. [T]he impairments associated with using a cell phone while driving can be as profound as those associated with driving while drunk. ~ University of Utah study “[P] eople are as impaired when they drive and talk on a cell phone as they are when they drive intoxicated at the legal blood- alcohol limit’ of 0.08 percent, which is the minimum level that defines illegal drunk driving in most U.S. states,” ~ University of Utah study Sources: http://www.caranddriver.com/features/texting-while-driving-how-dangerous-is-it;https://www.forbes.com/sites/sap/2012/09/18/it-is-time-for-a-parental-control-no-texting-while- driving-phone/#3bc24eca6531; https://www.aaafoundation.org/sites/default/files/MeasuringCognitiveDistractions.pdf; http://www.csus.edu/indiv/m/merlinos/pdf/human%20factors_%20the%20journal%20of%20the%20human%20factors%20and%20ergonomics%20society-2006-strayer-381-91.pdf; https://archive.unews.utah.edu/news_releases/drivers-on-cell-phones-are-as-bad-as-drunks/; http://www.pnas.org/content/113/10/2636.full.pdf Distracted Driving Accident Claims Involving Smart Phones Presented by:
9 * More Fatal than Drunk Driving Driver distractions leading factor in fatal and serious injury crashes. Motor vehicle accidents are the number one cause of death, resulting in an estimated 39,000 to 46,000 deaths annually. More than 1.6 million crashes are caused by cell phone use and texting while driving each year. According to the National Highway Traffic Safety Administration, 3,477 people were killed and 391,000 people were injured in motor vehicle crashes involving distracted drivers in 2015 alone. Distracted Driving Accident Claims Involving Smart Phones Presented by:
10 * Handheld v. Hands Free Devices Texting Hands-Free Devices 18% of drivers admit to texting while Hands-free devices are seen as a driving. solution and mistakenly believed to be safer than handheld. Drivers’ texting are 23 times more likely to have an accident or near miss, or 8 times more likely than a drunk driver. Handheld Devices Most legislation focuses on Drivers conversing handheld cell phones only handheld devices or have delayed braking reactions and are texting. All state laws and involved in more traffic accidents than some employer policies allow when they are not conversing on a cell phone. hands-free devices. People recognize the risk of talking on handheld and texting more than the risk of hands-free. Distracted Driving Accident Claims Involving Smart Phones Presented by:
11 * Texting while driving – 23 times more likely to crash “Text messaging made the risk of crash or near -crash event 23.2 times as high as non- distracted driving,” according to a 2009 study from the Virginia Tech Transportation Institute. Source: http://vtnews.vt.edu/articles/2009/07/2009-571.html Distracted Driving Accident Claims Involving Smart Phones Presented by:
12 * 12 times more likely to crash if dialing a cell phone while driving The Virginia Tech Transportation Institute found that “dialing a handheld cell phone” while driving made the driver “12 times more likely to crash.”. Source: http://www.pnas.org/content/113/10/2636.full.pdf (Pages 4 and 5 of the PDF) Distracted Driving Accident Claims Involving Smart Phones Presented by:
13 * Cell phone use causes 26% of U.S. car crashes “The use of cell phones causes 26% of the nation’s car accidents,” according to USA Today. Source: https://www.usatoday.com/story/money/cars/2014/03/28/cellphone-use-1-in-4-car-crashes/7018505/# Distracted Driving Accident Claims Involving Smart Phones Presented by:
14 ? Is the distracted driving crisis getting worse? Distracted Driving Accident Claims Involving Smart Phones Presented by:
15 * Sadly, yes. Distracted driving-related fatalities and injuries increased approximately 200% and 112%, respectively, from 2014 to 2016 Fatalities and injuries from distracted driving-related car crashes in Michigan increased approximately 50% and 47%, respectively, from 2015 to 2016 ~Michigan State Police Criminal Justice Information Center data Distracted driving car accidents in Michigan increased approximately 70% from 2015 to 2016 – approximately 138% from 2014 to 2016 ~Michigan State Police Criminal Justice Information Center data Source: http://www.michigan.gov/msp/0,4643,7-123-1586_1710-399172--,00.html; http://house.mi.gov/sessiondocs/2017-2018/testimony/Committee442-5-16-2017-4.pdf Distracted Driving Accident Claims Involving Smart Phones Presented by:
16 STATE AND FEDERAL DISTRACTED DRIVING LAWS, RULES AND REGULATIONS Distracted Driving Accident Claims Involving Smart Phones Presented by:
17 * State laws on texting and cell phone use while driving Source: http://www.iihs.org/iihs/topics/laws/cellphonelaws/maptextingbans Distracted Driving Accident Claims Involving Smart Phones Presented by:
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