Tag Archives: Alabama

Guest Post: Is Hands-Free Really Safer?

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On Monday I wrote about the legal problems associated with the hazards presented by GPS for professional drivers. Huntsville, Alabama attonrey Jeff Blackwell has agreed to let me re-publish his blog explaing why in-car devices like GPS are hazardous.

The Alabama Legislature has been debating bills that would prohibit the use of handheld devices like cellphones while driving. Last year, Georgia passed a similar hands-free law. Is hands-free safer? Will a hands-free law reduce needless car accidents and injuries in Alabama?

A National Safety Council public opinion poll indicates 80% of drivers believe hands-free devices are safer. Yet, safety experts remain doubtful. The Senior Director of the Transportation Initiative at the National Safety Council had this to say on the topic:

While many drivers honestly believe they are making the safe choice by using a hands-free device, it’s just not true.

The problem is the brain does not truly multi-task. Just like you can’t read a book and talk on the phone, you can’t safely operate a vehicle and talk on the phone.

A journalist asked the hosts of MythBusters the question. What did they do? They tested the issue with a driving simulator at Stanford University. The simulation involved 30 people driving in a busy, virtual neighborhood while talking on a cellphone. Half the drivers used handheld phones. Half talked hands-free. The results were amazingly similar. Only one driver passed the test in each group. Almost identical numbers crashed or drove the wrong way. The MythBusters conclusion:

It is no safer to use a hands-free device while driving than it is to use a handset.

I have mixed feelings on the issue. Do I believe hands-free is safer? Yes and no. Driver distractions are MANUAL, VISUAL and COGNITIVE. What are some manual distractions? Eating or drinking while driving. Reaching for items in the car. What are some visual distractions? Looking for items in the car. Watching an electronic device. Reading billboards (with their ridiculous clown lawyer ads). What are some cognitive distractions? Talking to passengers. Daydreaming. Feeling exhausted or fatigued. What makes handheld cellphones so dangerous? They involve ALL three types of distraction at the same time.

With a hand-free device, you reduce the manual and visual distractions while driving. I think that does increase safety. The problem is that many drivers don’t fully consider cognitive distractions. While most people realize that looking or reaching while driving diverts focus and attention, they tend to discount cognitive issues. Instead, they (wrongly) think they can multi-task. Many people are biased about their ability to multi-task. They wrongly believe they can safely concentrate on driving while mentally performing other tasks.

I think the Alabama Legislature should pass a hands-free law. It’s a start. If handheld devices are less accessible while driving, maybe some of the most dangerous activities will decrease. Maybe we won’t see reckless drivers surfing the internet with their phones while trying to drive. While the perception of hands-free safety is certainly greater than the reality, we should pass a hand-free law and carefully study accident statistics in the next few years.

The offices of Rehm, Bennett & Moore, which also sponsors the Trucker Lawyers website, are located in Lincoln and Omaha, Nebraska. Five attorneys represent plaintiffs in workers’ compensation, personal injury, employment and Social Security disability claims. The firm’s lawyers have combined experience of more than 95 years of practice representing injured workers and truck drivers in Nebraska, Iowa and other states with Nebraska and Iowa jurisdiction. The lawyers regularly represent hurt truck drivers and often sue Crete Carrier Corporation, K&B Trucking, Werner Enterprises, UPS, and FedEx. Lawyers in the firm hold licenses in Nebraska and Iowa and are active in groups such as the College of Workers’ Compensation Lawyers, Workers' Injury Law & Advocacy Group (WILG), American Association for Justice (AAJ), the Nebraska Association of Trial Attorneys (NATA), and the American Board of Trial Advocates (ABOTA). We have the knowledge, experience and toughness to win rightful compensation for people who have been injured or mistreated.

This entry was posted in auto accident, distracted driving, Nebraska, personal injury and tagged , , .

Alabama Court Strikes Down Anti-Worker Provisions Of State Workers’ Compensation Law

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An Alabama trial-court level judge ruled the Alabama Workers Compensation Act was unconstitutional in a recent decision. Though the decision isn’t binding on a state level and it was recently stayed or delayed indefinitely, it is an important and interesting decision for many reasons.

The Alabama workers’ compensation statute was found to be unconstitutional because it capped benefits at $220 per week for permanent injuries and it limited attorney fees for plaintiff attorneys to 15 percent. Jefferson County Circuit Court Judge Pat Ballard found that Alabama’s cap on permanent damages violated equal protection of the laws because it created two classes of workers without any rational basis because some workers were fairly compensated for permanent disability while others were not. Ballard also found that the attorney fee cap violated constitutional due process rights.

Ballard’s reasoning about equal protection and due process mirror recent state supreme court decisions in Oklahoma and Florida striking down anti-worker reforms to the workers’ compensation laws in those states. Florida struck down attorney fee caps for plaintiff’s attorney because they impaired the ability of injured workers to find counsel. Oklahoma struck down the so-called Oklahoma option because it impermissibly created two separate systems for workers’ compensation, one of which could make it almost impossible for workers to collect benefits.

While it is encouraging that courts are protecting the rights of injured workers, the decisions in Oklahoma, Florida and Alabama have all been driven by anti-worker legislation in those states. Unfortunately, that trend is continuing in 2017.  Possible Democratic presidential candidate and New York Governor Andrew Cuomo pushed through anti-worker reforms to New York’s workers’ compensation act.

The recent attack on workers’ compensation has been bi-partisan. A newly- elected Republican legislature in Iowa passed anti-worker workers’ compensation reforms which were signed into law by that state’s Republican governor. The Iowa reforms include a cruel measure that caps benefits for senior citizens who are injured on the job. That provision may be ripe for an equal protection challenge.

Relying on appellate courts to protect the rights of injured workers’ is a risky strategy. Workers compensation laws were passed by state legislatures in response to pressure from unions and other workers advocates during the early 20th century when appellate courts were generally hostile to employees. While it seems that trend may have reversed in the early 21st century, appellate judges certainly can’t be accused of pro-worker bias.

Good legislation also prevents the need for worker advocates to look to the judiciary to protect the rights of workers. Part of the reason, Judge Ballard ruled against the Alabama Workers Compensation Act was because the maximum benefit rate had not increased in 30 years. In Nebraska, our maximum benefit rate increases automatically under a formula determined by the Department of Labor. Nebraska’s current maximum rate is $817 per week for temporary and permanent disability.

The offices of Rehm, Bennett & Moore, which also sponsors the Trucker Lawyers website, are located in Lincoln and Omaha, Nebraska. Five attorneys represent plaintiffs in workers’ compensation, personal injury, employment and Social Security disability claims. The firm’s lawyers have combined experience of more than 95 years of practice representing injured workers and truck drivers in Nebraska, Iowa and other states with Nebraska and Iowa jurisdiction. The lawyers regularly represent hurt truck drivers and often sue Crete Carrier Corporation, K&B Trucking, Werner Enterprises, UPS, and FedEx. Lawyers in the firm hold licenses in Nebraska and Iowa and are active in groups such as the College of Workers’ Compensation Lawyers, Workers' Injury Law & Advocacy Group (WILG), American Association for Justice (AAJ), the Nebraska Association of Trial Attorneys (NATA), and the American Board of Trial Advocates (ABOTA). We have the knowledge, experience and toughness to win rightful compensation for people who have been injured or mistreated.

This entry was posted in Courts, Government, Workers' Compensation and tagged , , , , , .