The topic of cell phone use while driving has taken the spotlight as the NTSB met to discuss the conclusions of a 2010 accident caused by texting while driving.

Andrew Kim Law Firm, PLLC | Washington Legal News

Possible Ban of Cell Phone Use While Driving | Bellevue Car Accident Lawyer


Posted on Dec 20, 2011

The topic of cell phone use while driving has taken center stage as the National Traffic Safety Board met to revisit the conclusions and probable cause of a collision that occured in 2010, allegedly caused by texting while driving.

August 5, 2010
In Gray Summit, Missouri, traffic was slowing while approaching an active work-zone.  The left lane of eastbound Interstate 44 was closed, leading motorists to merge into the right lane.  A Volvo truck-tractor without a trailer was slowed/stopped for traffic in the right lane. A GMC Sierra pickup truck with an extended cab was also traveling eastbound on Interstate 44 when the driver of the pickup truck merged from the left lane to the right lane, colliding with the rear of the truck-tractor.

Following behind were two St. James High School buses.  The first bus passed a motorcoach that was pulled over to the side of the roadway.  Just seconds later, the bus crashed into the rear of the GMC pickup, forcing the pickup forward and overturning it onto the back of the Volvo truck-tractor.  The lead bus was pushed forward and upward, coming to rest on top of the GMC pickup, which was now on top of the truck-tractor.  The second bus then stuck the rear of the lead bus.

NTSB's Conclusions
-The following were NOT factors of this accident
Weather;
Driver qualification or familiarity with the accident location;
Alcohol/drug use of any of the drivers involved;
Mechanical condition of any of the vehicles involved;
Emergency response
Highway design or work-zone signage./policies

-Had any of the vehicles involved, including the motorcoach on the side of the roadway been required to have video event recorders, the events leading up to the collision could have been more definitely assessed.

-The use of the above video event recorded data for managing driver behavior could help school bus operators in identifying driver performance before they lead to crashes.

-The absence of a timely brake application, the cellular provider records indicating frequent texting while operating a motor vehicle, the temporal proximity of the last incoming text message to the collision, and the witness statement regarding the driver's actions indicated that the driver of the GMC pickup was most likely distracted by a text message conversation being conducted while driving near or at the time of the accident.

-A combination of enforceable state laws, high visibility enforcement and supporting communication campaigns can lessen the amount of vehicle collisions caused by motorists distracted by the use of portable electronic devices.

-Manufacturers and providers of portable electronic devices known to be used while operating a motor vehicle should lessen the potential of distractions caused to drivers by coming up with features that discourage their use or that limit their nondriving/nonemergency related functionality while a motor vehicle is being operated.

-The collision between the first school bus and the GMC pickup was caused by the bus driver's attention focused on the motorcoach on the side of the roadway instead of what was ahead.

-The accident between the two buses would have been avoided had the second bus driver maintained the recommended minimum following distance from the first school bus.

-Fatigue, caused by cumulative sleep debt and acute sleep loss of the GMC pickup driver, could have resulted in impaired cognitive processing or other performance decrements.

-The truck-tractor's medical condition did not cause or contribute to the cause of the accident.

-The operations of Copeland Bus Services had no effective oversight by the State of Missouri.

-The "School Bus Inspection" of the Missouri Motor Vechile Inspection Regulations does not adequetly delineate the bus systems to be included in an inspection.

-The current inspection procedures of the State of Missouri do not allow for the identification of all school bus brake defects included in the Missouri Motor Vehicle Inspection Regulations.

-The vehicle inspection form is insufficient because it fails to prompt state inspectors to evaluate all of the safety-critical items listed in the Missouri Motor Vehicle Inspection Regulations.

-Inadequate vehicle inspections were performed on the buses operated by Copeland Bus Services by both the Missouri State Highway Patrol and a state inspection facility.

-The accidents between the two buses and the lead bus with the GMC pickup could have been prevented, or at least their severity mitigated had there been forward collision warning systems on the mentioned vehicles.

-The evacuation of a school bus could be delayed in the situation of a single occupant having to manually hold open the emergency exit window.

-Delays or injuries could be caused during a school bus evacuation due to componets of emergency exit windows, such as protruding latch plates.

-The absence of school bus evaculation briefings prior to activity trips may affect evacuation and poses risks to any and all passengers.



This information has been provided by the National Traffic Safety Board and their article related to the 2010 accident and subsequent board meeting, as a service of the Andrew Kim Law Firm.  Our office is a Bellevue personal injury firm specializing in injuries caused by car accidents, bus accidents and truck accidents all over Western Washington.  For a free consultation, contact our office at (425) 289-1990; (253) 682-2000 or toll free at (800) 636-3676.

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Bellevue, WA 98004
Phone: (425) 289-1990
Fax: (425) 289-1991
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Tacoma, WA 98409
Phone: (253) 682-2000
Toll Free: (800) 636-3676

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