The Clement Firm

According to this recent press release http://distraction.gov/content/press-release/2011/12-8.html from NHTSA, under their new matrix, an estimated 3,092 people lost their lives due to distracted driving in 2010.  NHTSA opines that the actual number involving distracted driving could be higher given the ongoing challenges in capturing the scope of the problem – including individuals’ reluctance to admit behavior, lack of witnesses, and in some cases the death of the driver.

In Todd Clement’s 25 years of experience handling serious automobile collision, the negligent person “comes clean” and unequivocally and honestly admits fault less than 10% of the time, even when there are witnesses and no other explanation.  Just like with alcohol related collisions, negligent defendants are now beginning to understand that admission of their distraction can result in criminal charges and negative reaction from the community and their families.  So what do they do?  They lie, they “don’t remember” and they make excuses.

When Todd Clement files a distracted driving lawsuit, he obtains a negligent driver’s phone records showing call times and their movements.  He also obtains their text times and sometimes even the content of the texts.  However, many other lawyers are not so thorough and the truth is often hidden.

So what can you do?  If you witness a collision caused by a distracted driver and observed the driver before the collision talking on their cell phone or texting, take a few minutes to stop, speak to the police officer and tell them what you saw.  Make sure the officer takes down your identification information and, if possible, get the victims number so you can send them a text.  By being a good citizen, you can make sure the distracted driver is punished.  You may even save a future life!

My first vehicle was a 1969 Red Chevy Pickup with a stick shift on the floor.  Growing up in the 1970′s, many vehicles were sold with a manual transmission.  The first new car I ever bought in 1988 was a Nissan Maxima with a manual transmission because I thought it would be more fun to drive that way.  After day after day of driving in bumper to bumper traffic, I traded it in and have never considered another vehicle with a manual transmission.  Come to find out, according to this story

According to this AOL story, while in 1985, 22.4% of all vehicles sold in the United States came with a manual transmission, by 2007, the number had plummeted to 7.7%.  Few teens driving today have any idea how to drive a stick.

Everything old eventually becomes new and some parents are using old technology, manual transmissions, to discourage teen cell phone use according to http://www.news10.net/news/local/article/173814/356/Great-Hang-Up–Stick-shift-cars-for-teensthis television story.  Sacramento News10 interviewed a 17-year-old who says that while many of her friends text and drive, her parents bought her an “old school” Honda Civic.  “With a stick shift, I cant really check my phone,” she said.

When Todd Clement debates opponents of cell phone bans, they often cite distractions posed by changing the radio or a manual transmission.  However, studies have shown that these tasks do not involve the significant cognitive distractions posed by cell phone use and are relatively safe.  Accordingly, substituting a relatively safe stick shift for a clearly dangerous phone seems to be a good idea!

In a classic “good news, bad news” press release, U.S. Transportation Secretary LaHood Announces
Lowest Level Of Annual Traffic Fatalities In More Than Six Decade while still noting that an estimated 3,092 people were killed on 2010 due to distracted driving.

The National Highway Traffic Safety Administration (“NHTSA”) unveiled a new measure of fatalities related to distracted driving today, called “distraction-affected crashes.” Introduced for 2010 as part of a broader effort by the agency to refine its data collection to get better information about the role of distraction in crashes, the new measure is designed to focus more narrowly on crashes in which a driver was most likely to have been distracted. While NHTSA’s Fatality Analysis Reporting System (FARS) previously recorded a broad range of potential distractions, such as careless driving and cell phone present in the vehicle, the new measure focuses on distractions that are most likely to affect crash involvement, such as distraction by dialing a cellular phone or texting and distraction by an outside person/event. New data released by NHTSA using its refined methodology show an estimated 3,092 fatalities in distraction-affected crashes in 2010.

Commented NHTSA administrator:  “Even as we celebrate the incredible gains we’’re making in reducing traffic fatalities, we recognize our responsibility to improve our understanding of the dangers that continue to threaten drivers and passengers.  That’s why, under the leadership of Secretary LaHood, NHTSA is working to refine the way we collect data on distracted driving and laying the groundwork for additional research to capture real-world information on this risky behavior.”

While the explicit change in methodology means the new measure cannot be compared to the 5,474 “distraction-related” fatalities reported in 2009, other NHTSA data offers some indication that driver distraction continues to be a significant problem. The agency’s nationwide observational survey of drivers in traffic remains unchanged between 2009 and 2010, with 5 percent of drivers seen talking on handheld phones. In addition, given ongoing challenges in capturing the scope of the problem — including individuals’’ reluctance to admit behavior, lack of witnesses, and in some cases the death of the driver — NHTSA believes the actual number of crashes that involve distracted driving could be higher.

In a story in support of April as Distracted Driving Awareness Month, USA Today reported that many businesses are concerned about liability issues in the face of new laws and the impact of distraction-related crashes on their bottom line and are beginning to develop policies for their fleet drivers. Continue reading →

On April 19, 2012, D Magazine released its listing of D Best Attorneys in Dallas and, once again, Todd Clement was selected as a D Magazine Best Personal Injury Lawyer.  Todd first received this designation in 2009 and has been chosen each time the award has been given since then. Continue reading →

TxDOT, Shriners Hospital for Children and USAA are sponsoring a free Distracted Driving Summit at La Cantera in San Antonio on April 26, 2012. US Secretary of Transportation Ray LaHood, who has made raising awareness of and preventing distracted driving the focus of his term, is the keynote speaker.

Todd Clement will speak on corporate liability in a speech entitled Driving While Distracted, DWD, the new DWI.  This speech will be extra special because victims of distracted driving will be present, including dear friends from Ragsdale/Woodson case.  The seminar also features presentations from victims, distracted driving researchers, physicians, technology leaders and law enforcement.

The seminar is free with breakfast and lunch provided.  Attendees are requested to register through this link.

April is the National Safety Council’s Distracted Driving Month and in connection with its public education program, the NSC has released a new paper titled Employer Liability and the Case for Comprehensive Cell Phone Policies.  This paper is designed to encourage and support a brand new free cell phone policy kit. Continue reading →

The National Safety Council (NSC) has designated April as Distracted Driving Awareness Month and as part of this emphasis, the NSC is hosting a free national webinar on April 25, 2012 titled Corporate Liability and the Need for Comprehensive Cell Phone Policies featuring Dallas attorney, Todd Clement.   Click here to register for this important event.   Continue reading →

USA today recently did a front page story discussing a landmark 2011 study by AAA investigating the economic cost of fatal car crashes. AAA analyzed the financial damage of traffic crashes in 99 urban areas.  The study, which used 2009 data, found that the average cost of a fatal crash was $6,000,000.  AAA based its estimates on Federal Highway Administration data that place dollar values on 11 components: property damage; lost earnings; loss of household activities; medical costs; emergency services; travel delays; vocational rehabilitation; lost time at work; administrative costs; legal costs; and pain and lost quality of life.

The purpose of AAA’s study is to push road safety to the forefront in the national transportation debate. According to Chris Plaushin, AAA’s director of federal relations: “We wanted to raise the profile and raise the awareness,” he says. “Right now, it’s jobs, it’s construction, it’s economic growth that are being talked about. This is part of our effort to bang the drum about safety.”

Motor vehicle crashes are the leading cause of death among people ages 5-34 in the USA.  According to attorney Todd Clement, cell phone use and texting while driving are a leading cause of these deaths.  The economic cost is clear.  The question a business must ask itself when it decides whether to ban cell phone use while driving is whether that phone call is worth $6,000,000?

California bans hand held cell phone use while driving.  Carl Nelson received a ticket while using his cell phone while stopped at a red light.  After being convicted of the offense, Nelson appealed to the California Court of Appeals arguing that since he was stopped at a red light, he was not “driving” and thus was not in violation.

In a written opinion, recently ruled that the legislature obviously meant to include within the definition of “driving” those times when drivers on public roads are “momentarily paused” in order to “comply with the rules of the road.”  The Court upheld the conviction.

This decision makes both common and legal sense.  How many times do you have to honk your horn to get a talking or texting driver to observe a green light?  While this behavior may seem benign, it is not.  Our ability to drive safety is dependent on others behaving as they should.  Many crashes are caused by drivers failing to go at green lights when drivers behind them assume they will.