Articles Posted in Auto Accidents

Federal regulators are hoping to reduce the number of car accident injuries in Maine and throughout the country by introducing auto manufacturer guidelines on infotainment centers that will hopefully cut down on driver distractions.Bangor car accident lawyers know that distraction is one of the top causes of serious and fatal crashes, and one of the driving forces are the electronics that are built into our vehicles. These include navigation features, Facebook access, digital music databases, internal WiFi, in-dash voice-activated calling and rear-view camera systems.

When they’re at their best, these devices can serve to reduce distraction levels by limiting the amount of attention we pay to handheld devices. But the National Highway Traffic Safety Administration says that too often, these high-tech offerings are in themselves becoming a distraction. That’s why the administration is requesting a voluntary adoption that would restrict systems that requires drivers to push buttons or otherwise manually input information into the built-in systems while the vehicle is moving. Preferably, those systems would be voice-activated.

The ultimate goal with the new rules would be to ensure drivers aren’t taking their eyes off the road for intervals greater than two seconds. Aside from quick glances, the administration holds that no task should consume more than 12 seconds.

Even that, we believe, is really pushing it. A vehicle traveling 55 miles per hour for 12 seconds will cover about 1,000 feet. That is nearly three football fields in length. There is a lot of damage one can do in the span of three football fields while traveling at 55 miles per hour.

A recent study showed that text messaging typically required drivers to tear their eyes from the road for an average of 24 seconds, tripling and sometimes quadrupling the risk of an accident.

The guidelines presented by the NHTSA are based on those that were drawn up by the Alliance of Automobile Manufacturers, which pledged support to the goal of reducing distracted driving.

Still, it could be several years before the new measures are fully adopted and integrated. The agency said it did explore making the guidelines mandatory, but said it would require more study to determine whether compliance could be uniformly evaluated.

However, some manufacturers may be ahead of the curve. Honda, for example, hasn’t allowed addresses to be typed into navigation systems of moving vehicles since last year. BMW doesn’t allow video displays in moving vehicles, though it does allow data to be input manually.

So far, the NHTSA hasn’t indicated there would be any penalty for auto makers that don’t comply, to the dismay of the Consumers Union, which is the advocacy division of Consumer Reports. However, the potential for liability in civil litigation could be enough to prod them into action. If a personal injury attorney could prove that a driver crashed while operating a navigation system in a moving vehicle in a newer model after the guidelines were recommended, that could be grounds for manufacturer liability.

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The rush to implement texting-while-driving bans in recent years was viewed as a rush to save lives.But the truth is, such legislative actions do very little if the resulting laws aren’t actively enforced.

Unfortunately, as our Bangor car accident lawyers understand it, very few states appear to have made enforcement a priority.

USA Today reports that while 39 states (including Maine) plus the District of Columbia have enacted driver texting bans since Washington state became the first in 2007, not many law enforcement agencies seem to be taking it all that seriously.

For example, in Tennessee from the beginning of 2010 through April 25 of this year, state troopers reported issuing fewer than 950 texting-while-driving citations. That’s about 24 every month, or fewer than one a day – in the entire state.

In Louisiana, there have been fewer than 1,100 tickets issued since the law passed in mid-2008, meaning troopers have issued less than 18 a month there.

Several states, including Maine, don’t have up-to-date citation information because many agencies don’t even track it.

Maine passed its law in 2011. The law bars texting behind the wheel for all motorists, and it also prohibits cell phone use – both hands-free and handheld – for new drivers under the age of 18. It is also against the law to drive while distracted in this state.

These are primary enforcement measures, which means an officer has the ability to pull you over solely for committing a texting or cell-phone infraction.

But it’s unclear how often police here are doing so. Based on the information that is available in other states with similar laws, it doesn’t look promising. It’s quite troubling when you consider that for some teens especially, the prospect of a ticket is often scarier than the seemingly unreal possibility of death or serious injury.

A number of recent studies have found that drivers know texting while driving is dangerous, but many continue to do it anyway. One of those studies was the AAA Foundation’s Traffic Safety Culture Index for 2012. In that analysis, researchers found that while more than 80 percent of drivers perceived texting and driving as a serious threat to personal safety, approximately 35 percent admitted having done so within the last 30 days.

A representative with the National Organizations for Youth Safety was quoted as saying that regular, consistent enforcement of the laws that are already in place are critical to ensuring they are effective in their intended purpose – which is to significantly drive down the number of distracted driving deaths and injuries.

Officers said in their defense that nabbing a texting driver is not always easy, as many people are working harder to conceal it by holding the phone down lower, so it’s not easily visible to police or other passing motorists. Many agencies said they are working on policies and tactics that will help them to become more effective in this regard.

The one bit of encouraging news we have from those states that have reported figures is that the number of citations appears to have climbed steadily with each year following the passage of the law.

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Distracted driving is one of the top causes of car accident death in the United States. Unfortunately, while most people know it is really dangerous to drive while they are distracted, drivers still do it every single day.

The National Safety Council is trying to discourage this risky behavior by emphasizing the dangers throughout Distracted Driving Month.Our Bangor accident attorneys know that Distracted Driving Month runs through April and will include both educational outreach programs as well as tougher enforcement of distracted driving laws. We urge every driver in Maine to give up distractions that take your eyes or mind away from the road.

Distracted Driving Dangers in Maine

As the Bangor Daily News reported in 2009, Maine lawmakers took a novel approach to distracted driving by allowing police to cite drivers who committed violations that law enforcement believed occurred as a result of driving while distracted. For example, if a driver ran a red light but police believed that it happened because of driver distraction, the driver could be cited for his lack of focus.

There are several different types of distractions that could result in a driver taking his mind off the road, all of which can be dangerous. For example, distractions include:

• Visual distractions: Taking the eyes off of the road and focusing on something else like a GPS or a text message.
• Manual distraction: Removing the hands from the wheel and using them to do something else like brush your hair, eat or change the music.
• Cognitive distractions: Focusing your brain on something other than driving, such as talking to a passenger or having a cell phone conversation.

Any of these types of distractions can significantly up your risk of a crash. However, perhaps the most dangerous of all distracted driving behaviors is texting because the distraction may fall into all three categories. Your hands could be on the phone; your eyes on the phone and your brain on the message you are sending.

Because texting is so dangerous, Maine also has a separate ban on texting as well as the general distracted driving law. Under Maine’s texting ban, texting is prohibited by all drivers.

NSC has also chosen to focus distracted driving month primarily on cell phone use, creating a pledge to drive text free.

NSC will be touching upon other issues including helping people to understand the dangers of cognitive distractions while driving. However, its website makes clear that it is cell phones especially that it wants to emphasize the dangers of. This decision makes sense when so many people are using cell phones to talk or text and when texting is so deadly.

Hopefully, Distracted Driving Month will be successful and drivers will make and follow through with the pledge to put the cell phones away while driving. This simple choice could save thousands of lives.

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Competing automakers for years worked to out-silence one another.

That is, they wanted to make a vehicle that purred as opposed to roared. They wanted the ride to be smooth and the sound to be as quiet as possible.

Then, it seemed like the hybrid and electric cars won that war, making nary a sound at all as they backed out, rounded a corner or pulled into a parking space.

However, our Bangor car accident lawyers aren’t the only ones who have noted the inherent risks.

The problem is that when a car doesn’t make any sound, no one knows it’s coming. People expect to hear a car that’s racing into a parking lot or backing out of an alley. Children are taught to stop and not only look but listen for vehicles that they may not be able to see coming.

This has been an issue that the National Highway Traffic Safety Association has grappled with for several years. In 2010, the issue of silent electric and hybrid vehicles was written into the 2010 Pedestrian Safety Enhancement Act as something that would need to be addressed in the near future.

Now, the time has come.

The NHTSA has proposed Federal Motor Vehicle Safety Standard No. 141, which would mandate that all electric and hybrid vehicles meet minimum sound requirements so pedestrians and bicyclists will be able to determine the presence of those vehicle and from which direction when they are operating at lower speeds (which is when they are the quietest).

The proposal does provide flexibility for manufacturers in terms of varying sounds for different makes and models. However, the sounds must still be recognizable to those on the street as being the sound of a vehicle approaching.

Whatever sound the manufacturers choose, it must be heard over a wide range of other street noises. There must also be uniformity for each make and model of a certain vehicle.

The noise must be activated when the vehicle is traveling at 18 miles per hour or less. Any speed above that, and the vehicle makes sufficient noise on its own.

The NHTSA is hoping that the implementation of this rule is going to result in nearly 3,000 fewer pedestrian and bicyclist injuries over the life of each model year of hybrid vehicle.

The NHTSA’s final 248-page proposal also indicates that discounts would be provided to hybrid vehicle drivers who agree to have their vehicle retro-fitted with a sound-emitting device by 2016.

As it stands, there are approximately 1.4 million hybrid vehicles being driven in the U. ., which accounts for just 0.6 percent of all cars on the road today.

When the NHTSA looked at crash data from 2000 to 2006, they discovered that hybrid vehicles had a 40 percent higher pedestrian crash rate than vehicles that ran on gas. In particular, situations that involved low-speed maneuvers (back out, pull in, corner turns) revealed that hybrids were twice as likely to be involved in a pedestrian crash than other types of vehicles.

In 2009, hybrid vehicles were involved in 186 pedestrian crashes, compared to 5,700 involving gas-run vehicles. Hybrid vehicles were involved 116 bicycle crashes, while gas-run vehicles were involved in 3,050. It seems a drastic difference, but when you consider that hybrid vehicles account for just 0.6 percent of those on the road, theysshould only have been involved in 35 pedestrian accidents and 21 bicycle accidents.

Hopefully, once these sound requirements are fully in effect, we will begin to see some marked decreases in these figures.

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It’s no secret that teens are among the most at-risk population in terms of safety on the road.

Our Portland car accident lawyers know that their inexperience alone is a factor in many crashes, as is their propensity to become distracted and engage in reckless behaviors behind the wheel. When teens ride with each other, problems are exacerbated.

Now, a new report released by the Governors Highway Safety Association appears to indicate we still have a long way to go in doing all we can to ensure their well-being.

The report details traffic fatalities of drivers who are 16 and 17 in the first six months of 2011 compared to the first six months of 2012. It was the second straight year that we had seen an increase, but what was especially disheartening was that the rate of increase nearly doubled – from a jump of 11 percent to an increase of nearly 20 percent.

As we approach spring break, prom and graduation, these results stand as a stark reminder that we must be ever vigilant in protecting our teens.

Of particular concern are our 16-year-olds, whose fatality rates have been increasing steadily ever since 2009 – belying the theory that the improving economy is to blame for the recent increase (though that may be true to some extent for 17-year-olds).

One of the primary risk factors for 16-year-old drivers was the presence of passengers in the vehicle. Maine has been proactive in this by prohibiting new drivers from having any passengers in their vehicle (except for family members) for the first six months after obtaining their driver’s license. Still, it’s worth noting that many other states limit the number of under-21 passengers a young driver can have until they turn 18. Maine should look into enacting similar protections.

Additionally, the intermediate stage of the graduated driver’s license program in Maine, young drivers are also barred from driving between midnight and 5 a.m. Given that the likelihood of a crash increases at night, we hope this has helped to save a number of lives in our state.

Another major risk factor for young drivers is distraction. This comes in many different forms, obviously, but cell phones and texting continue to be a huge problem. To address it, legislators in Maine have enacted a text messaging ban that prohibits all drivers – regardless of age – from texting while they are driving. It’s considered a primary offense, which means police can stop you solely for this reason. For drivers under the age of 18, cell phone use while operating a motor vehicle is also banned.

New drivers as a whole lack the practical experience to be able to handle the complex task of driving. The requirements as laid forth in driver’s education provide the basis for the minimum level of preparedness. Giving your teen more practice – with you in the passenger’s seat – is only going to serve to boost her skills and help her know how to quickly react in bad situations.

Finally, talk to your kids about the risks of driving dangerously. Teens tend to be impulsive. It’s a fact of life. But it’s certainly within the boundaries of their control if they know the serious consequences of those actions.

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Snowstorms in Maine, like the one we’re experiencing now, are nothing new. Neither is the risk motorists take every time they get behind the wheel when road conditions are slick, snowy or icy.

Still, our Bangor car accident lawyers believe it’s worth an important to keep safety at the forefront, as a deadly series of winter storms has tracked across the Midwest and coastal areas of New England.

In Oklahoma, an 18-year-old driver was killed after crashing his vehicle when he lost control on a slush-covered road. Other similar accidents were reported in other areas of the country last week, where officials said there were expectations of between 10 to 12 inches of snow in some places. Of particular concern in many areas was the freezing rain and sleet that predictably made driving such a serious hazard.

Younger drivers in particular may be at risk because, even if they are native to this area and our weather, they are inexperienced with handling a vehicle in it. As parents, having asdiscussion about safe winter driving and limiting your teen’s driving hours in the midst of a very bad storm are wise.

There have been some concerns that this storm, when all is said and done, will rival the early February blizzard last year, blamed across the country for two dozen deaths and knocking out power to thousands of homes.

Here in Maine, weather officials predicted we would be hit with a minimum six inches of snow, beginning late Saturday and continuing through Sunday and possibly the earlier part of the week. Primarily, we were expected to see that inclement weather in the southern parts of the state, including Bangor and the Cape Code area.

You can’t control the weather, but you can control how safe you’ll be as you head out.

One of the ways you can reduce your chances of a crash is to make sure your vehicle is in good working order. Check your tire tread, your battery, your windshield wipers, your antifreeze and your no-freeze wiper fluid. You also want to make sure you have certain items stocked up: jumper cables, flashlight, sand or kitty litter (for if you get stuck), ice scraper and warning devices. If you’re going on a longer trip, add water, food, medication, cell phone and charger.

Also, bear in mind that every time you head out, it’s going to take you longer in the snow (and especially in a storm) to get where you need to go. Avoid the temptation to rush by giving yourself plenty of time. It’s Ok to be late. Better that you arrive safely.

If you have a new driver in your home, give him or her practice behind the wheel in the snow. Take your teen to an empty lot in the daytime, and have them rehearse. Teach skills like steering into a skid, give them a sense of understanding what the brakes are doing. Point out that stopping distances are going to be longer when the road is covered with ice or ice that is covered with water. Teach them too not to idle for too long with rolled-up windows or in an enclosed space.

Drive home the point too that drinking and driving are never a good mix. Instruct them to drop the speed and increase the distance between their vehicle and the one in front. Have them keep their eyes open for pedestrians and make sure they know not to drive if they are feeling too tired.

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In the last 25 years, more than 1 million people in the U. . have tragically lost their lives in motor vehicle crashes. One out of every five drivers you pass has previously been involved in a serious wreck, and one out of every eight has been seriously hurt.

Our Bangor car accident lawyers know that these incidents are one of the top causes of death for children, teenagers and young adults under the age of 34.

Perhaps one of the most disheartening things about all of this is that many, many of these deaths could have been prevented if drivers had devoted themselves to following the law and being free of distractions, impairment and drowsiness every single time they got behind the wheel.

What’s baffling is that most people know this and strongly agree that these actions are inherently dangerous, unacceptable and should be harshly punished. But according to the latest Traffic Safety Culture Index survey conducted by the AAA Foundation for Traffic Safety, many of these same individuals aren’t practicing what they preach.

The foundation late last year conducted a survey of nearly 3,900 licensed drivers ages 16 and older, publishing the results in January. What they discovered was that drivers tend to severely judge their peers for posing a danger on the roads, yet many engaged in the same practices.

For example, cell phone use and texting has been a rapidly growing problem. Where as cell phones did not exist 25 years ago, in 2011, they were a noted factor in 1.3 million crashes – about a quarter of the total.

People know this is a problem. More than 65 percent of people say talking on a handheld cell phone while driving is either somewhat or totally unacceptable, while nearly 95 percent of drivers felt the same way about texting and e-mailing. About half of all those surveyed said they would support stronger legislation to further restrict such behaviors.

And yet, two out of every three drivers reported having talked on a handheld cell phone while driving in the last month, and more than a third say they do so pretty regularly. More than a quarter of respondents indicated that they had typed or sent an e-mail or text message in the last month while driving, and about 35 percent admitted they had read a message while driving.

Similar findings were revealed with regard to drunk driving attitudes versus habits. Nearly 70 percent believed that impaired driving by someone under the influence of alcohol poses a very serious threat to their own personal safety. Nearly 100 percent said they consider it personally unacceptable and about 90 percent said it was completely unacceptable.

At the same time, nearly 15 percent of those polled said they had gotten behind the wheel tipsy at least once over the previous year. Almost 10 percent said it happened more than once in that year and about 2 percent said they had done it within the last 30 days.

Speeding, which according to the National Safety Council is involved in one out of every three traffic fatalities, was also seen as inherently dangerous. Ninety percent of respondents said traveling faster than 10 miles per hour over the speed limit in a residential area was unacceptable, while almost 75 percent said it’s unacceptable to go more than 15 miles per hour over the limit on the highway.

But almost half of all motorists admit to both behaviors themselves.

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The Maine Warden Services reported being flooded with calls for assistance due to serious injuries sustained in snowmobile accidents over the course of a recent weekend.

Our Bangor injury lawyers are concerned that proper safety precautions aren’t being followed – either by operators, or land owners who allow such activity on their property. Snowmobiles – just like any other motor vehicle – have the potential to cause permanent injuries and even death. Safety must be a critical consideration for every ride.

In the first reported local case, a 28-year-old from Caribou was traveling on the Interconnected Trail in New Sweden when he struck a moose that stepped unexpectedly onto the trail. The rider was amid a group of nine other riders at the time. He had been wearing a helmet, which sustained heavy damage, but he still incurred serious injuries – as did the moose.

The following morning, another snowmobile crash was reported in Eustice, where an SUV driver lost control of his vehicle and rolled over on the side of the road. A few moments later, a snowmobile rider collided with the upended vehicle. Police have indicated that speed was most likely a contributing factor in why the rider was unable to stop in time to avoid the crashed SUV.

Then in China, just off Stanley Hill Road, two men were on a snowmobile when they struck a bump, causing the driver to lose control. Both men were tossed from the vehicle. Thankfully, they were fine enough to get back on the vehicle and ride it back home, from which they were both taken to the hospital. They suffered moderate injuries, and officers believe speed was a factor in that case too.

Finally, a fourth crash was reported in Limerick, where a 50-year-old snowmobile rider was operating the vehicle in extremely foggy conditions when he crashed into the shoreline. He was ejected and tossed into a nearby shed. He too suffered serious injuries, and speed was a factor in this case as well.

Only about 20 percent of snowmobile vehicles are used for work or ice fishing. The rest are for trail riding and recreational use. In some instances, they provide a primary source of transportation, when a traditional vehicles simply can’t cut it.

But before you climb aboard, take safety seriously and consider these tips to reduce the risk of injury to yourself and others:

• Don’t drink or use drugs and ride;
• Avoid riding at night or in limited visibility conditions;
• Always dress in bright, reflective clothing;
• Avoid riding on frozen lakes, as drowning is one of the leading causes of snowmobile fatalities;
• Ride with UV-protected goggles to prevent “snow blindness”;
• Dress properly and carry a basic repair kit;
• Keep your cell phone close by;
• Wear a helmet;
• Avoid speeding;
• Look out for oncoming snowmobiles, obstacles beneath the snow, unexpected corners or stops, railway crossings, snow banks, bridges, wildlife or other train users.

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Our Maine car accident lawyers understand the recently-released national report on auto safety highlights legislative shortcomings, according to Advocates for Highway and Auto Safety.

The state was given a mid-level “yellow light” rating, meaning that we still have a long way to go in terms of passing laws that will be effective in preventing serious injury and deaths in traffic crashes.

In 2011, we lost nearly 140 lives on our roadways, with a total of 1,768 fatalities in the last 10 years. In addition to the enormous emotional and losses suffered by the families of those deceased, motor vehicle crashes on the whole cost taxpayers some $915 million each year, when you factor in emergency services, lost wages, hospitalization, workers’ compensation and disability benefits.

The sad fact is, unless we were to outlaw driving altogether, we as a society will probably never be completely free from negligent and irresponsible motorists. However, this does not mean we can’t do more to improve our odds.

The 2013 Roadmap of State Highway Safety Laws outlines a list of 15 initiatives backed by a multi-billion dollar federal transportation bill signed last year. That means federal money is given to those states who take action. Some of these initiatives include:

• Primary seat belt enforcement laws;
• All-rider motorcycle helmet laws;
• Child booster seat laws;
• Extensive graduated driver’s licensing programs, with provisions for tighter restrictions of cell phones by underage drivers;
• Expansion of ignition interlock programs geared toward convicted drunk drivers;
• Addition of child endangerment laws for impaired drivers whose offense occurred with a minor in the vehicle;
• Mandatory BAC testing for all drivers involved in fatal crashes;
• Texting restrictions for drivers.

In looking just at Maine, researchers found we lack an all-rider motorcycle helmet law and GDL laws that would bump up the minimum driving age to 16, restrict nighttime driving and hold off on unrestricted license for drivers until they turn 18.

Additionally, we need to seriously consider an ignition interlock law that would be mandated for all motorists convicted for driving impaired – not just those who got caught more than once.

With regard to the ignition interlocks, we’re not alone. Only 17 states have enacted such provisions for first-time DUI offenders. This is again despite the availability of federal funding to do so.

Part of the problem is that some people tend to hold onto this notion that first-time offenders are merely social drinkers who slipped up. But consider this tidbit from Mothers Against Drunk Driving: Research has shown that the average DUI offender has driven drunk nearly 90 times before they are caught.

What’s more, a 2009 study found that nearly 90 percent of those surveyed in a nationwide poll answered that mandatory ignition interlock devices are a good way to address the issue of drunk driving. It’s not so much about punishing a person, as much as it is ensuring the rest of us are protected from their recklessness – of which they have proven amply capable by virtue of their conviction.

Our Maine personal injury lawyers would encourage anyone reading this to contact your state legislators and urge them to take decisive action on these issues.

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Sleep deprivation has become a major public health issue in the United States. Today, an estimated 70 million people in America suffer from some type of sleep problem or disorder. Many of these individuals are desperate for help to fight insomnia or other problems that are impacting their sleep cycles and, as a result, are compromising their health and well-being.

Unfortunately, the sleep-deprivation problem has also given rise to another serious problem: drowsy driving. Drowsy driving caused 730 deaths in 2009 alone and some estimates indicate that as many as one out of every five car accidents involves driver fatigue.

Our Bangor injury attorneys are concerned about the disturbing number of drowsy driving accidents and fatalities occurring each year. We urge everyone who is suffering from sleep problems to get the help that they need and we urge anyone who may be tired behind the wheel to pull over and rest before they put themselves or others in serious danger.

Drowsy Driving a Growing Problem
Clear evidence indicates that the number of people struggling with sleep issues is on the rise. According to a December article on Money News, the American Academy of Sleep Medicine now has more accredited sleep centers than at any point since its founding in 1977. The number of sleep centers has reached an all-time high of 2,500, which is double the amount of centers than existed just ten years ago.

People are flocking to these sleep centers for good reason. Insomnia, sleep apnea and even snoring can all make it impossible for a person to get a good night’s rest. When a person doesn’t sleep well, his cognitive and motor skills may be impaired; his reflexes may slow down; his blood pressure might rise; his resistance to insulin might rise; he may be more likely to be obese; and he may even experience sexual dysfunction. He may also have trouble staying awake on his commute, which can be the most dangerous of all potential side effects.

The Grave Dangers of Drowsy Driving
The news that more people are visiting sleep centers than ever before is not the only new information available that shows the widespread nature of sleep problems. The New York Times has also published information on a new study that the Centers for Disease Control (CDC) just released.

According to the new CDC study, more than five percent of young drivers between 18 and 44 have fallen asleep behind the wheel. The CDC interviewed 147,000 adults from 19 states plus D.C. to get the data. They asked detailed questions about sleep, driving and work, including the question of whether survey respondents had fallen asleep behind the wheel in the month before the survey. More than five percent of young drivers said yes, they’d nodded off at least once. Older drivers, too, are potentially guilty of sleeping and driving, although only 1.7 percent of older survey respondents said they had done so in the prior month.

On average, when considering all of the drivers surveyed, the number of people who had fallen asleep when driving in the prior month equated to 4.2 percent. Assuming the survey was reflective of the population as a whole, this means that just over four percent of the many millions of drivers in the U. . are nodding off.

With so many people seeking help for sleep problems and so many people admitting to drowsy driving, it is very important that every driver recognize the serious dangers of fatigued driving. Those who are driving drowsy should think twice about this risky behavior and those who encounter a potential drowsy driver on the road should be aware of the risk.

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