Monday, May 31st, 2010
“Risk with a Capital R” is a two-part webinar from the Truckload Carriers Association and Fleet Owner which delves into the timely topic of distracted driving. The series takes a comprehensive look at the issue by providing you with informative research, real-life experiences and practical suggestions.
In the first segment you’ll learn the about the current and pending regulations on distracted driving as well as the physiological reasons why driving while distracted is so dangerous. The second part of the webinar examines real-life fleet examples and gives suggestions on how to effectively develop and enforce policies and monitor driver behaviour with the help of in-vehicle communication systems.
Learn more and improve your fleet’s safety by watching the webinar here.
Thursday, April 22nd, 2010
It is well known that cell phone use while driving is a leading cause of accidents. In fact, according to the U.S. Department of Transportation, cell phone distractions cause 600,000 crashes and 3,000 deaths each year.[1] In addition, on-the-job crashes are very expensive for employers with average costs of $24,500 per crash, $150,000 per injury, and $3.6 million per fatality.[2]
An often overlooked aspect of distracted driving is a company’s liability when an employee causes an accident. Under the legal doctrine of vicarious liability, an employer is liable for actions of an employee if the employee was acting under the purview of his or her employment at the time of an accident.[3] In other words, if your employee causes injury to someone due to negligent conduct (i.e. distracted driving), the victim can sue your company directly for damages. ZoomSafer has written an excellent white paper delving further into the details of this issue and outlining the steps companies need to take to protect themselves from liability.
As discussed in the white paper, in the past ten years a wide variety of cases have resulted in companies paying restitution to victims injured by the negligent driving of an employee distracted by a cell phone. With settlements and verdicts ranging from $1.5 to $21 million[4] employees who use cell phones while driving are a costly risk for your company. Here are a few examples:
- Tiburzi v. Holmes Transport Inc. (2009) – $18 million judgment: The plaintiff was left in a permanent vegetative state from brain injuries caused by a collision with an 18-wheel truck driven by an employee of the defendant. During the trial, the judge found that at the time of the accident the truck driver had flipped open his cell phone and was checking for text messages. Holmes Transport was found vicariously liable for the plaintiff’s injuries and ordered to pay $18 million in restitution. Trials are still underway for three other people killed in the accident.[5]
- Bustos v. Leiva & Dyke Industries (2001) – $21 million judgment: An elderly woman was seriously injured after a collision with a truck driven by an employee of Dyke Industries. Though he claimed he was not distracted, the employee’s cell phone records proved he was using his cell phone at the time of the accident. Because the employee was working at the time of the accident, and in a company truck, Dyke Industries was held vicariously liable and subsequently settled for $16.2 million.[6]
- Smith v. Beers Skansksa, Inc. (2005) – $5 million settlement: The plaintiff was injured when a truck driven by an employee of Beers Skansksa, Inc. collided with his car. At the time of the crash, the employee was dialing his cell phone and checking his voicemail. Because the employee was on-duty and using a work-issued cell phone, Beers Skansksa, Inc. was held vicariously liable. The case settled for $5 million just before it was set to go to trial.[7]
To address this problem, many companies have instituted paper policies outlining acceptable cell phone use by employees. However, having a paper policy does not prevent a company from being held liable in the event of an accident, as seen in the case of Ford v. McGrogan & International Paper. In 2008, an employee of International Paper rear-ended another car while using a cell phone. The victim, whose arm had to be amputated, sued International Paper. Even though the company had a cell phone policy in place, management recognized they would likely be held vicariously responsible for the accident because the policy had not been enforced. They settled for $5.2 million dollars.[8]
Paper policies are inherently difficult to implement as their success relies on self-enforcement from employees. Fleet management technologies, such as mobile computers, enable companies to directly manage an employee’s cell phone or computer use while driving. Mobile computers can be programmed to disable functionality and display a blank screen while a vehicle is in motion. Once the vehicle is stopped, two-way messaging and cell phone capabilities allow drivers to communicate with the office safely and efficiently. These technologies eliminate the possibility of an employee using a company cell phone or mobile computer while driving and are one of the few ways to protect your company from liability in the case of an accident.
Click here to read the whitepaper by ZoomSafer.
To learn more about how in-vehicle computers can increase your fleet’s safety and decrease your risk of liability, click here.
[1] Harvard Center for Risk Analysis
[2] National Highway Traffic Safety Administration (NHTSA) & Federal Motor Carrier Safety Administration (FMCSA)
[3] “Distracted Driving: Understanding Your Business Risk and Liability.” ZoomSafer. http://zoomsafer.com/Portals/43/Whitepapers/Distracted%20Driving%20Corporate%20White%20Paper%20FINAL.pdf. January 2010.
[4] Ibid.
[5] Ibid.
[6] Ibid.
[7] Ibid.
[8] Ibid.
Thursday, January 7th, 2010
Hello Everyone! We’re back after a nice holiday break. Best wishes to all for the New Year! For our first post of 2010 we’ve put together a complimentary white paper that explores the ramifications of distracted driving and talks about some technology solutions that help keep drivers safe.
It’s probably not a surprise that talking on a cell phone increases the risk of vehicle accidents by 3 times, and that the risk increases by 23 times when texting while driving. With driver distraction being a leading cause of vehicle accidents, selecting an in-vehicle computer for your fleet that lets you control when drivers interact with the device is important to your fleet’s safety, as well as your bottom line. Consider this: the price of one fleet vehicle accident when all costs are factored in, such as loss of use, liability, workers’ comp, and other indirect expenses, is estimated at $10,000.
So what do you need to look for in a mobile computer to minimize driver interaction while the vehicle is in motion? Here are a few suggestions:
Limited Functionality When in Motion
Look for mobile computers that let you set parameters around their use. You can customize these in-vehicle computers so the screen is only visible when the vehicle has stopped, suspend messaging capabilities when the vehicle is in motion, or only offer very limited functionality when in motion.
Customizable Navigation Prompts
There are times when support from the computer is necessary when driving, such as when the driver needs navigational help. Look for mobile computers that let drivers only access audio turn-by-turn prompts when the vehicle is in motion, or give drivers the ability to view the onscreen map but disable interaction with the settings.
Integrated Voice Calling
Choose a mobile computer that offers completely integrated voice communications. This feature mimics a cell phone, but gives you full control of when or if the calling capabilities are used when the vehicle is in motion—from texting and calling to receiving calls. You can also limit who your drivers are able to call.
Consolidating Job Tasks
Traditionally, fleet drivers have had to juggle a cell phone for voice and text messaging, a paper map for navigation, and a clipboard to record job details. Making these in-vehicle tasks available on one computing device limits the number of onboard distractions and lets you control when they are used.
Ease of Use
Commercial mobile devices, such as smartphones, are light-weight and portable, but their small buttons and screens make it difficult for fleet drivers to quickly use. A mobile computer intended for fleets, designed for ease-of-use, and backed by comprehensive training will take into account limited vehicle real-estate, while still being large enough for easy viewing and data entry.
Click here to read more in this complimentary White Paper titled `Decreasing Driver Distraction: What to Look for in Mobile Computing Technologies to Improve Safety`
