Toyota, GM and Mazda Make New Headlines for Safety Recalls

chevy-cobalt.jpgToyota issues its second largest safety recall ever while GM CEO addresses Congress and Mazda reports a new web of problems

Toyota has more bad news for drivers. Just a few weeks ago, Toyota agreed to pay a record $1.2 billion criminal penalty to the federal government. The Japanese automaker, which has recalled over 9 million vehicles worldwide in recent years, recalled another 6.4 million vehicles on Wednesday for steering, airbag and other safety defects. This is the company’s second largest single recall announcement. Toyota states that it is not aware of any crashes or injuries involving these defects.

In March, Toyota agreed to pay the $1.2 billion criminal penalty to federal government for misleading consumers and the government about unintended acceleration in its cars and trucks. The Justice Department had charged Toyota with wire fraud, but agreed to defer the criminal charge for three years while the company submits to government monitoring.

This week’s recalls involve 27 Toyota models, including the RAV4 and Yaris. The largest recall involves 3.5 million vehicles which have defective spiral cables that can be damaged when the steering wheel is turned. Other defects involve a seat rail that can be pushed forward in a crash, as well as faulty steering column brackets, windshield wiper motors and engine starters.

GM ignition defects draw Congressional inquiry. Last week, General Motors CEO Mary Barra was questioned by Congress about faulty ignition switches in GM vehicles, and about her company’s slow response to protecting the public after learning about at least 13 deaths linked to the defect. GM has recalled over 2.5 million vehicles which may be equipped with the faulty ignition switch.

A week later, the National Highway Traffic Safety Administration (NHTSA) is waiting on more answers from General Motors. It reports the company has failed to respond to more than a third of its written questions. The company is being fined $7,000 each day for failing to fully respond, and the NHTSA is expected to hand the matter over to the Justice Department shortly.

Spiders and hoses and gas, oh my! Mazda also issued a recall this week, one involving an unusual, but familiar safety problem. For the second time in three years, Mazda has recalled 42,000 Mazda6 sedans. This recall involved vehicles from 2010, 2011 and 2012.

The problem is the yellow sac spider. The spiders are attracted to the smell of gasoline and can weave a web in the evaporative fuel hose, causing pressure to build up in the fuel tank. Too much pressure can cause fuel tank cracks, leaks and fires.

In 2011, Mazda had recalled 65,000 Mazda6s from 2009 and 2010 for this defect. The car manufacturer attempted to remedy the defect by installing a spring inside the vehicle’s fuel line, but recently reported nine cases in which this was not adequate. The company is not aware of any fires due to the defect, but will now notify car owners. The remedy requires checking of the evaporative canister vent line and software reprogramming.
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Will Toyota Criminal Penalty Improve Safety?

Toyota Toyota agreed last week to pay a record $1.2 billion criminal penalty for misleading consumers and the government about unintended acceleration in its vehicles. This safety defect and others have resulted in numerous injuries and deaths. Over 10 million Toyota vehicles have been recalled so far.

This is the largest criminal penalty ever imposed on a car manufacturer. As part of the agreement, the Justice Department charged Toyota with wire fraud but deferred the criminal charge for three years while the company submits to government monitoring.

We have been reading about Toyota’s safety defects for many years now, along with the more important violation of trust: the Japanese automaker repeatedly failed to warn the public about safety problems. CNN reported last week that the company “at one point boasted internally about saving $100 million in costs by avoiding a full safety recall.”

To date, Toyota has paid out more than $66 million in fines for not immediately reporting defects. Several of these fines have been record-breaking. In 2010, the National Highway Traffic Safety Administration fined the company a record $16 million for its delayed response in notifying the government about defects. In 2012, the NHTSA fined the company an additional $17.4 million.

The company has faced numerous injury and wrongful death lawsuits. In addition to sticky pedals and unintended acceleration, unsecured floor mats and other equipment have caused safety hazards. Last October, an Oklahoma jury decided that defective electronics were to blame for a car accident which killed a woman and seriously injured another person. Toyota was ordered to pay $3 million in damages.

As for Toyota, U.S. Attorney General Eric Holder told the Detroit Press: “Put simply, Toyota’s conduct was shameful. It showed a blatant disregard for systems and laws designed to look after the safety of consumers. By the company’s own admission it protected its brand ahead of its own consumers.”

Still, consumers have continued to buy Toyota. The company was the top-selling automaker in 2012 and 2013, selling 9.98 million vehicles in 2013.

Related:
Toyota to pay $1.2 billion in settlement with U.S. over recalls, CNN.
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How Dangerous Is That Boston Intersection?

cars-bw-180.jpgBoston drivers may have a reputation for being the worst around, but the city has managed to stay off a list of most dangerous intersections in New England. On the list, compiled by GoLocal Worcester, the closest Boston came to mentions were intersections in Somerville, Chelsea and Cambridge.

This Somerville intersection of Mystic Avenue and Fellsway was third on GoLocal Worcester’s, “60 Most Dangerous Intersections in New England” and first on its, “10 Most Dangerous Intersections in Massachusetts.”

60 Most Dangerous Intersections in New England
New Haven, Connecticut is home to the worst intersection in New England, with 561 car crashes reported over three years. A stretch of Interstate 95 in Pawtucket, Rhode Island came in second, while Somerville’s Mystic Avenue and Fellsway intersection ranked third.

10 Most Dangerous Intersections in Massachusetts
GoLocal Worcester ranked dangerous intersections based on total number of crashes over three years, deaths, injuries and property damage. It collected data from each state’s Department of Transportation. It considered traditional intersections as well as on- and off-ramps on highways.

1. Somerville: Mystic Avenue and Fellsway. This intersection saw 91 total crashes over three years, including three fatal crashes, 24 crashes resulting in injuries, and 64 car accidents which resulted in property damage only.

2. Chelsea: Revere Beach Parkway and Washington Avenue. This roadway saw 39 total crashes in three years, including two fatal car accidents, 11 with injuries, and 26 crashes which resulted in property damage only.

3. Stoughton: Canton and School streets. The numbers were very similar to Chelsea: 39 car accidents in three years, including two fatal auto accidents, 10 with injuries and 27 with property damage only.

4. Waltham: Main and Lyman streets. Some 73 crashes in three years, including one which resulted in a death, 18 resulting in injuries and 54 crashes with property damage only.

5. Holyoke: Main and Cabot streets. This spot saw 57 car accidents over three years, including one fatal car crash, 18 with injuries and 38 which resulted in property damage only.

6. Worcester: Main and Mill streets. This area saw 53 total motor vehicle accidents, including 1 traffic death, 18 crashes resulting in injuries and 34 resulting in property damage only.

7. Cambridge: Massachusetts Avenue and Vassar Street. This area saw 41 car crashes, including one fatal accident, 19 with injuries and 21 with property damage only.

8. Lowell: Veterans of Foreign Wars Highway and Varnum Avenue. This area saw the second highest number of traffic accidents, with 165 over three years. There were no fatal car crashes, 37 with injuries and 128 which resulted in property damage only.

9. Holyoke: Holyoke Street and Holyoke Mall at Ingleside. This intersection saw 198 crashes over three years, more than any other spot on GoLocal Worcester’s list. There were no fatal car accidents, but there were 29 accidents resulting in injuries and 169 crashes resulting in property damage only.

10. Lowell: Bridge Street and Veterans of Foreign Wars Highway. There were 112 car accidents here over three years, including no fatal crashes and 34 which resulted in injuries. Some 78 other motor vehicle accidents resulted in property damage only.

Related:
10 Most Dangerous Intersections in Massachusetts.

60 Most Dangerous Intersections in New England 2014.
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Buckle Up Massachusetts: State Fails to Win Top Safety Score from Watchdog Organization

seatbelt-2-200.jpgWhen it comes to seat belts, Massachusetts may need to buckle up and strengthen its laws if it wants a higher rating from one safety organization.

Massachusetts was among 29 states which received a secondary rating from the Advocates for Highway & Auto Safety in its annual report released in January. In the 2014 “Roadmap of State Highway Safety Laws” report, the group gave 10 states – including Rhode Island – its highest rating. Poor ratings were given to New Hampshire and 10 other states.

Massachusetts received strong marks for teen driving laws, but fell short in other areas, including its lack of a primary seat belt law.

In Massachusetts, the law governing seat belt use is M.G.L. c. 90 § 13A. Drivers and passengers are required to wear seat belts, but police can only issue citations for violations if they pull over a vehicle for another offense. Each driver and occupant over age 16 shall be fined $25 for failing to wear a seat belt. Drivers can be fined for occupants 12 to 16 years old. Children 12 and younger must follow the Massachusetts Child Passenger Safety Law, M.G.L. c. 90, §7AA.

Across the country, 33 states and the District of Columbia have primary enforcement laws for front seat passengers and 17 have these laws for back seat passengers.

The National Highway Traffic Safety Administration (NHTSA) has long cited seat belts as the most effective way to reduce the risk of death in a car crash. In 2012, the agency credits seat belts with saving 12,174 lives in auto accidents.

In Massachusetts, we have fiercely debated our seat belt laws. Gov. Michael Dukakis signed a mandatory seat belt law in 1985. But a year later, opponents organized a citizen campaign and repealed the measure at the ballot box.

While today’s law requires drivers and passengers to wear seat belts, in 2009 the NHTSA surveyed seat belt use across the country and ranked Massachusetts last for compliance.

At that time, 67 percent of occupants of vehicles in Massachusetts were wearing seat belts compared to the national average of 83 percent among other states.

Recent state figures report a greater compliance rate. The 2012 Massachusetts Safety Belt Usage Observation Study, prepared for Massachusetts Highway Safety Division reported a 73 percent compliance rate in 2011, an increase from 50 percent in 2000.

Attorney Ronald Gluck of Breakstone, White and Gluck stated that “fortunately, over the years, our firm has seen a significant reduction in cases where the injuries are directly tied to the failure of occupants to wear seat belts. ”

Related:
2014 Roadmap of Highway Safety Laws, Advocates for Highway & Auto Safety.

2012 Massachusetts Safety Belt Observation Study, Massachusetts Highway Safety Division.
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Are You Ready for Winter Driving?

car-snow-200.jpgWinter is almost here! We have already seen the first snow flurries in Massachusetts, and it is time for drivers to get prepared for winter driving.

Each year, over 1,300 people are killed and more than 116,800 people are injured in car crashes on snowy, slushy or icy pavement, according to the U.S. Department of Transportation. During snowfall, nearly 900 people are killed in accidents and 76,000 are injured.

Stay safe on the roads this winter. Our Boston car accident lawyers share these tips:

Slow Down! Reduce your speed. When it snows, if you are traveling the speed limit, you are probably traveling too fast for road conditions and are at risk for causing a car accident.

Leave Extra Distance. It takes longer to stop on snowy and icy roads. Increase your following speed to 10 seconds.

Clear Snow and Ice. Make sure your car and windows, including your headlights and turn signals, are free from all snow and ice when you drive.

Gas. Keep your gas tank at least half-full throughout the winter.You will be prepared in case of a serious storm, and you can make sure your gas lines do not freeze up.

Check Your Tires. Inspect your tire tread to make sure your tires are ready for winter. Also, check your tire pressure once a month in the winter.

Exhaust. Keep your exhaust pipe clear of snow.

Practice After the First Snow Storm. On the first icy, snowy day, find a big parking lot that is empty and practicing your skills for handling skids.Teach the new drivers in your home to control a skid the first chance you get.

Highways. If the roads are still being cleared, travel in the lane which has most recently been plowed and avoid changing lanes.

No Cruise Control. Do not use cruise control on slippery roads.

Pedestrians. Remember you may not be able to see pedestrians around snow banks. Reduce your speed and take an extra minute to check for them at intersections.

Check Your Auto Insurance. Check your auto insurance policy. Many people do not have enough insurance to pay their medical bills if they were injured on the road. A few important coverage types to ask your agent about: Underinsured, Uninsured and Medical Payments coverages. Read our attorneys’ article.
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Our Thanksgiving Wishes

thanksgiving-250.jpgThe lawyers and staff at Breakstone, White & Gluck wish you a very Happy Thanksgiving. We hope you enjoy this special time with family over a tasty meal (with plenty of leftovers!). We also appeal to you to take a few steps for safety’s sake:

Drive Safely. AAA projects nearly 39 million U.S. travelers will drive 50 miles or more from home this Thanksgiving holiday weekend. If you can, avoid traveling during busy times such as Thanksgiving Eve. No matter when you drive, make sure you pay attention, monitor traffic reports, never drive when you are drowsy and start your trip with a full tank of gas.

Distraction-Free Driving. Commit to not use your cell phone while driving, especially in traffic congestion. Do not make phone calls or text while driving, the latter of which is against the law in Massachusetts. If you are using your cell phone as a GPS, have someone in the passenger seat handle your phone.

Smoke Alarm Batteries. Change your smoke alarm batteries, if you did not do so in early November, when Daylight Saving Time ended. About two-thirds of home fire deaths occur in homes with no smoke alarms or working smoke alarms, according to the Consumer Product Safety Commission (CPSC). You should test the batteries in all your home’s smoke alarms monthly.

Cooking Fires. The threat of a cooking fire triples on Thanksgiving, according to the CPSC. Stay in the kitchen while frying, grilling or broiling food. If you have to step away, turn off the stove.

Prevent Food Poisoning. A few reminders are regularly wash your hands in the kitchen, along with food surfaces and utensils. Separate raw meat and poultry from other food. Cook your turkey to a safe minimum internal temperature of 165 degrees. The Centers for Disease Control and Prevention also recommends cooking your stuffing in a separate dish outside the turkey. As for leftovers, make sure to eat within three or four days.

Keep Children Away From Food. Keep young children out of the kitchen while cooking. They could spill hot liquids or scald their skin on the oven.

Look for Hazards to Children. If you are at an unfamiliar home, do a visual scan of potential dangers for children. Keep them away from brick fireplaces, garage entrances and other hazards which could cause them injury.

Turkey Fryers. The National Fire Protection Association discourages use of turkey fryers. But if you use one, make sure you take it outside, a good distance from your home or any structure. Do not cook on the roof of apartment or condominium buildings. Dress so you are prepared to deal with hot oil spills and never leave the fryer unattended.

No Drinking and Driving. Do not drive after consuming alcohol. You risk seriously injuring yourself or someone else in a car accident. You could also be criminally charged.

This message is especially important on Thanksgiving. Mothers Against Drunk Driving (MADD) reports drunk driving deaths continue to increase during the holiday season. Many accidents occur on Thanksgiving Eve – a day it calls Blackout Wednesday – and the early hours of Thanksgiving Day. In 2010 alone, 174 people in the U.S. were killed during the Thanksgiving holiday weekend, in addition to many others who were injured.

Related:
14 Things to Know About Traveling on Thanksgiving Weekend in Massachusetts, North Reading Patch.

Boston Traffic Reports, Boston.com.

It’s Turkey Time: Safely Prepare Your Holiday Meal, Centers for Disease Control and Prevention.

Thanksgiving Home & Travel Safety Tips, Mass.gov.
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October Sees the Most Auto Accident Claims from Teen Drivers

teen-driver-and-mom.jpgSept. 30 will mark three years since the state of Massachusetts strengthened its laws for teen drivers.

Under the Safe Driving law, which took effect in 2010, teen drivers age 16 ½ to 18 are banned from all cell phone use and there is no texting while driving for operators of any age. The Junior Operator Law, which was passed in 2007, bans teen drivers from carrying passengers under the age of 18, except siblings. They also cannot drive between the hours of 12:30 a.m. and 5:00 a.m., unless accompanied by a parent.

Massachusetts is not alone; most states now have Graduated Licensing Laws restricting teen drivers in some way. In 47 states, novice drivers have passenger restrictions and 48 states limit nighttime driving. Teens are banned from all cell phone use in 37 states.

There is good reason for the laws: For each mile of roadway, teens age 15- to 20-years-old are three times more likely to die in a car accident than other drivers, according to the National Highway Traffic Safety Administration.

Now is a good time to observe how well your teen driver is obeying the laws. Every year, the AAA Foundation for Traffic Safety reports June, July and August see the largest number of teen driving deaths. But one nationwide company, State Farm Insurance, reports October is another dangerous time. It sees the most claims from 16- and 17-year-old drivers in this month, up 15 percent from other times.

Teen drivers get into auto accidents because they lack experience, are sensitive to distractions and do not always follow the rules. A few tips for helping your Massachusetts teen driver:

Say No to Teens Using Their Cell Phones. Many teens are texting while driving, despite the laws. In a 2011 study of 8,500 U.S. high school students age 16 and older, 45 percent admitted to texting or e-mailing while driving in just the past 30 days. The study was conducted by the Centers for Disease Control and Prevention and was published in the June issue of Pediatrics Journal. These teens were more likely not to wear their seat belt.

Encourage your teen to turn their cell phone off or put it in the backseat while driving. Taking a peek at text messages, e-mails or their Facebook page is not allowed. That includes while sitting at traffic lights and intersections where they need to look out for other traffic, as well as pedestrians and cyclists.

Limit Teen Passengers in the Car. Drivers under 18 in Massachusetts are not allowed to carry passengers under the age 21, except siblings. Be vigilant on this point with your teen. Among 16- and 17-year-old drivers, there is a 44 percent higher chance they will be killed in a crash with even one passenger under 21 years old, according to the AAA Foundation for Traffic Safety. The number multiplies with each additional passenger under 21, but decreased over 60 percent for each passenger age 35 or older.

Test Drive School Zones. Let your teen observe from the passenger seat as you drop them off to school and pick them up. You will encounter traffic, bicyclists and children walking, which will be new and potentially stressful for them as a driver (even if they traveled this area during their Driver’s Education practice hours). Point out how you adjust to the activity and decrease your speed.

If you do not drive to school, take this ride outside school hours and then let them drive. The goal is to make them aware of the challenges and make them comfortable in case they have to drive at some point.

Cyclists and Pedestrians. Remind your teen of what they learned in Driver’s Education class. Make sure they stop well behind the crosswalk at intersections and always let pedestrians pass. Remind them that cyclists can travel the full width of the road. Remind them to make sure cyclists are not approaching when they open any doors in the car.

Other Driving Safety Tips. These are the foundation of all driving safety tips, but always worth a reminder for safety’s sake: Talk to your child about always wearing a seat belt, following the speed limits and never using drugs or alcohol while operating.

The most important things are to talk to your children about driving and to set a good example yourself when they are in the car with you. Visit this web page for additional suggestions.

Related:
Teen Driver Safety Week

Study: Teens who text and drive take even more risks, USA Today
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Please Put Down Your Cell Phone, Eliminate Driving Distractions for Back to School

Texting while drivingWe suggest parents now talk to your children about the rules for getting to and from school safely. No skipping over the hard part: talking about when everyone, parents and children alike, should put down the cell phone.

Walking to School. Encourage your child to use sidewalks and crosswalks with crossing guards or walk signals. Agree on a route with your child and never let them walk alone. Every year, drive or walk the route yourself so you can identify any problems.

Bicycling. Make sure your child wears a helmet – it’s the law and it’s common sense. While your child has many of the same rights as a driver, remind them to take it slow in parking lots or and when passing cars. They should learn to make eye contact with drivers in their vicinity–that way they can read the intention of the driver more clearly. Read about Massachusetts law for bicyclists.

Late Activities. It will get dark earlier now. Make sure you child has a safe way home after it gets dark. Consider picking them up or make other arrangements.


Reflective Clothing.
If your teenager needs to walk at night or be near traffic, consider purchasing reflective clothing to keep at home. Many backpacks and sneakers have reflectors–look for products like that.

Ask Your Children to Put Away Their Cell Phone. When students are distracted, they may not be able to respond to drivers who are not using caution. Safe Kids Worldwide, a non-profit organization, recently reported that it observed 34,000 children crossing the street near 68 U.S. schools. Of these, one in five high school students were distracted by an electronic device. The rate was one in eight among middle school students.

The numbers are significant because pedestrian accidents involving teens age 16-19 have increased 25 percent over the past five years, Safe Kids Worldwide reports. This age group now accounts for about half of all pedestrian accidents among youth.


School Buses.
At the beginning of the year, stand out at the bus stop with your children. Explain to them the appropriate areas to stand while waiting and how to board the bus.

Parents and Teen Drivers: Commit to No Distracted Driving 
Finally, parents if you are driving, commit to putting away your cell phone. Texting while driving is against the law in Massachusetts and that includes viewing texts, e-mails or browsing the Internet.

Drivers need to eliminate distractions, especially when children are in the car, and especially in busy drop-off areas at schools, because car accidents can occur. This time of year, bus drivers and other parents who are driving are still getting used to their new routine and may not use proper caution when stopping or turning.

Also avoid using your cell phone while parked outside of schools or at bus stops waiting for your children – even just to make phone calls. An accident can happen in the instant you let your guard down and reach for your cell phone to view a text message or check in on a social media account.

If you have a teenager who drives, remind them not to use their cell phone while driving (this is the law in Massachusetts for junior operators). You have probably done so in the past, but explain the school parking lot is busy and there is no room for distracted driving. If they want to use their cell phone in a parking lot, suggest they park the car, get out and walk off the pavement first.

Related:
Distraction.gov

Filmmaker Explores Painful Consequences of Texting While Driving

About Breakstone, White & Gluck

The Boston car accident lawyers at Breakstone, White & Gluck have over 100 years combined experience handling injury cases in Massachusetts. We have handled cases involving driver negligence due to cell phone use and distracted driving. We handle cases throughout Massachusetts, including in Boston, Cambridge, Lowell, Worcester, Framingham, Brockton and Plymouth.

For a free legal consultation, contact us at 800-379-1244 or 617-723-7676 or use our contact form.

Court Ruling on MedPay Coverage Favorable to Massachusetts Drivers

Car windshieldThe Supreme Judicial Court recently issued a ruling favorable to Massachusetts drivers on the subject of medical payments coverage in the standard Massachusetts automobile insurance policy.

Medical payment coverage, often called MedPay, is one of eight optional coverages which drivers can purchase on their auto insurance policy. All Massachusetts drivers are required to purchase compulsory coverage, which includes $8,000 in Personal Injury Protection (PIP) benefits. They can also purchase other optional coverage types, such as MedPay. This pays co-pays and deductibles not covered by PIP benefits and medical services not covered by your health insurance policy.

In Golchin vs. Liberty Mutual Insurance Company, SJC-11305, the plaintiff suffered serious personal injuries traveling as a passenger in her husband’s car. Her medical expenses exceeded $100,000.

The car was insured by Liberty Mutual and the policy had up to $25,000 in optional MedPay benefits. Golchin had a health insurance policy with Blue Cross Blue Shield, which paid her medical bills (expenses totaled $100,883, but Blue Cross actually paid $32,033). Blue Cross placed a lien in this amount on any award Golchin received from her car accident case.

Golchin submitted documentation of medical expenses to Liberty Mutual, seeking coverage under MedPay. The insurance company refused the payment, claiming it was not required since Blue Cross had already paid the bills. When she settled her personal injury case, Golchin had to pay Blue Cross $32,033 out of her award to satisfy the lien, even though she had MedPay coverage.

Golchin filed her lawsuit in Worcester Superior Court in September 2008, alleging a breach of contract, a breach of implied covenant of good faith and fair dealing, and a violation of G.L. c. 93A, § 2.

In its August 8, 2013 decision, the Supreme Judicial Court held that Liberty Mutual could not avoid the payment of the medical payments coverage, and that the standard Massachusetts auto insurance policy provided for payments to the insured even when the health insurance company had made the payment.

There was certainly no unjust enrichment of the plaintiff in this case; all she got is what she had already paid for, and the auto insurance payment will only replace some of what was paid to the health insurance company to satisfy its lien.

Did you know that health insurance companies can recover their payments from your bodily injury claim? Most clients are stunned when they realize that their health insurance company can demand repayment of the bills that they paid. So even if you have great health insurance, the company will claim a lien on any personal injury case you have, and has the right to get paid, even before you do, and even if the settlement amount is not enough to cover all of your damages. Some insurance companies will negotiate their liens; others are not so sympathetic. Medical payments coverage on an auto policy is a good way to insure against lien repayments, and the cost of the coverage is very low.

Do you have MedPay coverage?
Ask your auto insurance agent if you have MedPay coverage. To learn more, read: Understanding and Buying Massachusetts Car Accident Insurance.
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Distracted Driving Study: Voice Recognition Software Not Safer

driving.jpgTalking, e-mailing and texting in the car are not any safer with voice recognition software, a new study finds.

Infotainment systems – those digital screens in a vehicle’s dashboard – are becoming more standard in cars. They have voice recognition software which allows drivers to talk on the phone hands-free or send e-mails and text messages by voice. You can ask your GPS for directions, go online and even log into social media sites, such as Facebook and Twitter, all while driving, though these practices are unsafe.

While the federal government seeks industry support to limit use of these features while cars are in operation, the speech-to-text technology is legal in all 50 states. It provides an alternative in the 11 states and District of Columbia which ban cell phone use for all drivers. Massachusetts is one of the 41 states and District of Columbia which ban texting while driving for all operators, though drivers over 18 can talk on cell phones.

Distracted Driving Study
The new study by the AAA Foundation for Traffic Safety shows that putting the phone down and talking is still a risk. The study reported that speech-to-text technology causes a higher level of cognitive distraction than other activities behind the wheel, such as listening to a book on tape, the radio or talking on a hand-held phone or hands-free phone. Researchers compared drivers undertaking the different activities with eye-scanning technology that measured where driver attention was focused and electrical activity in the brain.

The study was led by David Strayer, a neuroscientist at the University of Utah who researches driving behavior and car accidents. He was the same researcher who led the 2006 University of Utah study.

Distracted Driving Concerns
In 2013, 9 million systems will be shipped in cars worldwide, according to ABI Research, an industry research firm. The number is expected to rise as automakers push the technology.

This technology meets heavy government concern about distracted driving. In 2010, 3,092 people were killed in car crashes related to distracted driving, according to the National Highway Traffic Safety Administration.

Recently, National Transportation Safety Board Chairman Deborah Hersman called for a ban on all phone conversations behind the wheel, even with hands-free devices. Last December, the federal government released voluntary guidelines for the auto industry, recommending that many infotainment system features be disabled while cars are in use. The recommendations seek to prevent drivers from manually enter messages, read messages, browse the Internet and make video conference calls while driving.
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