World Fence News

52 • JUNE 2015 • WORLD FENCE NEWS reported that they send text messages while driving. Smith and Teater said they antici- pated a change of culture in the Unit- ed States to recognize cell phone use while driving as particularly hazard- ous. The change will entail time, public education, state-level legislation and law enforcement and technology solu- tions offered by wireless operators and auto manufacturers. "I can close my eyes and envision, maybe it is 5 years from now, maybe it is 10 years, when we can all look back and say 'Hey, remember when we all used to talk on cell phones when we drove? What idiots we were to do that,'" Teater said. Since his son's death, Teater has sought to educate the public about the dangers of cell phone use while driving. He joined the NSC, accepting the newly-created position of senior director, Transportation Strategic Initiatives, focusing his ef- forts on reducing distracted driving and teen-driving fatalities. The NSC became the first orga- nization to call for a nationwide ban on all forms of cell phone use while driving. It is estimated that more than 100 million people daily engage in this activity. Perhaps now is the time for some background information. Over several years, numerous studies have been conducted on driver inattention, in particular focusing on the use of cell phones. Here are some findings that came out of these studies: Motorists who use cell phones while driving are four times more likely to get into crashes serious enough to injure themselves, according to a study of drivers in Perth, Australia, conducted by the In- surance Institute for Highway Safety. The results, published as far back as July of 2005, suggest that banning hand-held phone use will not neces- sarily improve safety if drivers simply switch to hand-free phones. The study found that injury crash risk did not vary with the type of phone used. Many studies have shown that us- ing hand-held cell phones while driv- ing can constitute a hazardous distrac- tion. However, the theory that hands- free sets are safer has been challenged by the findings of several addition- al studies. One such study from re- searchers at the University of Utah, published in the summer of 2006 issue of Human Factors, the quarterly jour- nal of The Human Factors and Ergo- nomics Society, concludes that talking on the cell phone while driving is as dangerous as driving drunk, even if the phone is a hands-free model. An earlier study by the research- ers at the university found that mo- torists who talked on hands-free cell phones were 18% slower in braking and took 17% longer to regain the speed they lost when they braked. There are many more studies to re-confirm these findings, but what about employer and manufacturer li- ability? Although only a handful of high profile cases have gone to court, em- ployers are still concerned that they might be held liable for accidents caused by their employees while driv- ing and conducting work-related con- versations on cell phones. Under the doctrine of "vicarious responsibility," employers may be held legally accountable for the negligent acts of employees, when committed in the course of employment. Employers may also be found negligent if they fail to put in place a policy for the safe use of cell phones. In response, many companies have established cell phone usage policies. Businesses are increasingly prohib- iting workers from using cell phones while driving to conduct business. Exxon, Mobil and Shell are examples of large companies that ban employ- ees' use of any type of cell phone while driving during work hours. The California Association of Employers recommends that employ- ers develop a cell phone policy that re- quires employees to pull off the road before conducting business by cell phone. Some companies allow em- ployees to conduct business over the phone as long as they pull over to the side of the road or into a parking lot. Others have completely banned the use of all wireless devices, includ- ing cell phones, computers, etc. Now, what about manufactur- ers' liability? In an article published in the June 2003 edition of the North Dakota Law Review, attorney Jordan Michael proposed the theory of cell phone manufacturer liability for auto accidents if they fail to warn users of the dangers of driving and talking on the phone at the same time. The theory holds that maker lia- bility would be similar to the liability of employers who encourage or de- mand cell phone use on the road. Holding manufacturers liable would cover all persons who drive and use cell phones for personal calls. Mi- chael notes that some car rental agen- cies have already placed warnings on embedded cell phones in their cars. Now, I wish to spend a few Addicted to your cell phone? Put it away while driving! continued from page 50 continued on page 54 www.hutchison-inc.com 800-525-0121 Continuously interwoven vertical wires with horizontal cable form perfect hinge joints for flexibility. Available in 2 styles: M-5, I-2. 165 foot rolls. Certified T-Post 1.33 certified ASTM Gives maximum protection. High carbon, steel wire construction bounces back. Cross Lock knot leaves no sharp edges. High Tensile Cross Lock Fence Right-of-Way Gate CG650 2", 16 ga. 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