This document discusses the dangers of distracted driving and provides strategies to address it. It notes that while many feel threatened by other drivers using phones, many still drive distracted themselves. It encourages modeling safe driving behaviors, adopting distracted driving policies at work, and using organizations like EndDD to educate others. Parents are encouraged to tell their kids about their own mistakes and adopt safe driving agreements to help prevent accidents, especially for high risk teenage drivers. Employers should also lead by example in obeying distracted driving laws.
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Distract Driving - Ethics & Professionalism
1. Distracted Driving—Ethics and Professionalism
Personal & Professional Considerations
Pennsylvania Bar Institute (PBI)
August 2014
Joel Feldman, Esq, MS
Anapol Schwartz
Jfeldman@anapolschwartz.com
1A2n3a pSotrleSecth, wNaerwtz Y, 1o7rk10 Spruce Street Philadelphia, PA 19103 (215)-735-3716 www.anapolschwartz.com
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DO WE ...
See others driving distracted and criticize them...
—Yet drive distracted ourselves?
Tell our children not to drive distracted...
— Yet drive distracted with our children in the car?
Encourage our employees to drive safely...
— Yet require their prompt responses to texts and
e-mails, even when driving?
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88% OF US FEEL THREATENED WHEN
OTHER DRIVERS USE CELL PHONES
Yet 67% of us continue to use our cell phones
4. WE KNOW IT’S RISKY, BUT WE STILL
DRIVE DISTRACTED—WHY?
“I am a good driver”
“I drive more carefully when driving distracted”
“I can multi-task”
“I have to—I’m so busy”
“Nothing bad will happen”
“It’s just for a few seconds”
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PARENTS
Teens whose parents drive distracted are
more that 2x as likely to also drive distracted
Fatal crash rate per miles driven is 3x higher for
drivers under 21 than any other age group
8. PARENTS
You can help keep your children safe by
Telling them you were wrong to have driven
distracted and are changing the way you drive
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Being the driver you want your teen to be by
modeling safe driving
9. PARENTS
Asking your children to help you drive safer
Adopting the EndDD Family Safe Driving
Agreement
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You can help keep your children safe by
10. EMPLOYERS
Lead by example—lawyers obeying laws
prohibiting texting / use of hand held electronic
devices while driving
Encourage employees to drive safer
Adopt safe driving policies
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11. SAFE DRIVING POLICIES
FOR YOUR WORKPLACE
Use of hand held
electronic devices
Other types of distractions
Work out "acceptable response times"
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17. SAFE DRIVING IS A CHOICE
Model safe distraction–free driving
for my children
As a lawyer and employer adopt safe
driving policies and lead by example
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What will you choose to do?
18. EndDD.org
1000 volunteer lawyer speakers across North
America speaking with teens and adults in their
communities
225,000 teens and adults reached
Turn-key, tested, scripted and easy to use
19. EndDD.org
To find out more about becoming a volunteer speaker
or to arrange for a presentation in your community:
go to EndDD.org
or e-mail info@EndDD.org
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Joel Feldman, Esq, MS
Phone (215)-735-3716
E-mail Jfeldman@anapolschwartz.com
Facebook https://facebook.com/anapol.schwartz
Twitter https://twitter.com/AnapolSchwartz
Hinweis der Redaktion
More than 88% of those surveyed feel a threat to their safety from the use of cell phones by
other drivers but more than 67% continue to use cell phones themselves.
Traffic Safety Culture Index. AAA Foundation for Traffic Safety, November, 2013.
Most of us take chances when we drive and will drive distracted from time to time. Many of us appreciate that we are taking a risk in doing so but rationalize or make excuses to continue that secondary task-using cell phone, applying make-up, eating, etc. These are some of the most common rationalizations given by drivers for driving distracted. Have you used any of these to rationalize your distracted driving? So we realize we are taking a chance when driving distracted but may continue to do so ignoring the risks to ourselves, those in the car that we care about and the public.
Let’s take a look at 2 of these rationalizations—“Nothing bad will happen” and “Its just a few seconds” and watch a video produced by EndDD.org and used in its distracted driving presentations for teens and adults. This video tells the story of a 17 year old who decided to try to program her GPS while driving and who killed a man. You will hear from the 17 year-old and also the daughter of the man who was killed.
[Speaker’s Note: This took place in Massachusetts and the 17 year old avoided jail time and was required to do 100 hours of distracted driving awareness a year for five years. She speaks regularly in EndDD.org programs in the Albany, NY area where she is a student at RPI.]
“Teen Driver Distraction Study Release – Driver distraction study from the University of Michigan Transportation Research Institute and Toyota shows significant correlation between parent and teen distractions”, University of Michigan Transportation Research Institute & Toyota, 2012 – Teens whose parents drive distracted are 2 to 4 times likely to also drive distracted
“Fatality Facts, Teeneagers”, IIHS 2014- Fatal crash rate per mile driven for 16-19 year-olds nearly 3 times the rate for drivers ages 20 and over and nearly twice as high for 16-17 year-olds as for 18-19 year-olds
The EndDD.org Family Safe Driving Agreement is attached to the course materials and a link to download it is also provided.
As Employers we may be encouraging our employees to take chances when driving by requiring immediate response times to texts , phone calls or e-mails. We may also routinely call our offices from our cars. What message does that send to our employees? We have an obligation as lawyers to obey applicable laws and to do more-to lead by example and model safe driving for our employees.
It’s illegal to text and drive but many lawyers routinely do so. It very well may be careless driving if we check e-mails, log onto the internet, or program our GPS while driving, but lawyers routinely do that as well. If owners and partners arrive at work and staff see us using our cell phones while driving what message does that send?
As employers do we expect our associates and support staff to immediately respond to our texts, calls and e-mails-even if they are driving? Have we given partners, associates and staff cell phones so that they can be accessible 24/7? Do our employees believe that they are required to respond to us even while driving? When we call an associate and they answer the phone do we ask if they are driving before continuing the conversation?
A. Law firms setting the example for safe driving by adopting cell phone policies
Given the increased awareness of distracted driving and the numbers of crashes, injuries and deaths attributable to distracted driving, it is incumbent upon employers to consider adopting cell phone policies for their employees. This is from both a liability perspective and a moral perspective.
Distracted driving policies typically address the following issues:
Prohibiting use of all mobile communications devices while driving
Prohibiting only text messaging or e-mailing while driving
Prohibiting hand held use of mobile communications devices or limiting use of mobile communications devices to only those that can be used “hands-free”
Requiring that voice messages, e-mails and texts be retrieved only when it is safe to do so
Limiting or eliminating other types of driving distractions
Encouraging employees to speak up when others try to drive them distracted-Friends don’t let friends drive drunk or distracted
Attached to the materials is a sample Work Place Safe Driving policy from Anapol Schwartz in Philadelphia—there is also a link where the document can be downloaded.
[Speaker Note: In order to start the texts click advance the slide and do the same for the next slide so that the texts all run in a continuous sequence.]
Many of us routinely will text others, even when we know they are driving or call them when we know they are driving. What can happen if they divert attention or vision from driving in order to respond to us? What would it be like if they were in a crash because of our call or text? The following is a series of e-mails between Emy and Mathieu, a couple from Quebec who were engaged to be married. The blue texts are from Mathieu. They routinely would text back and forth when she was driving to classes. This is the last series of texts between them. Emy was texting and ran into the back of a truck and died and after her death Mathieu released the texts to raise awareness.
The next video was produced by Joel Feldman, a lawyer from the Philadelphia law firm of Anapol Schwartz. He produced the video with the help of his wife and his daughter Casey’s friends. Casey was 21 when she was killed by a 58 year old man who was reaching for his GPS and roiled through a stop sign, striking Casey as she was walking in the crosswalk.
Casey’s mother asks “What will it take for us to change the way we drive?” It should not have to take a tragedy for us to drive safer, be better role models for our children and employees and encourage safe driving from family, friends and co-workers.
Who is willing to commit to driving safer? Who is willing to commit to adopting a safe driving policy for your firm?
The next video was produced for the US DOT by EndDD.org, Joel Feldman’s non-profit. It tells how his daughter Casey was killed by a distracted driver (58 year old man reaching across his van for his GPS and a drink) and it also shows how Casey’s friends drove distracted before her death and changed the way they drive. It also has Casey’s mother Dianne, talking about Casey’s last words and expressing anger that so many of us take chances when driving.
How many of you are thinking about changing the way you drive, being better role models for your children and employee’s? What specifically will you do?
EndDD.org is the organization that Joel Feldman and his family created after Casey’s death. In your materials is information about the campaigns to reach out to teens in your communities as well as adults using their presentations. Many lawyers across the country and here in PA have done these presentations and they are easy to give and everything is supplied to speakers. If anyone wants to find out more reach out to Joel—his contact information is in the materials.