What’s the Deal With the New European Seatbelts?
I am attorney Michael Ehline. I am an expert on California accident law. Many of you may ask what falls asleep while driving has to do with European seatbelts, which is a fair question. Below I will explain how a seatbelt can actually prevent one of the most common and deadly forms of motor vehicle collisions, falling asleep or being so fatigued that you threaten road safety. One of the leading factors in the causation of automobile accidents has to do with driver fatigue.
Many of us have heard stories of someone falling asleep while vehicle the wheel of an automobile. And if the driver was not even wearing their seatbelt, most lawyers won't even help them due to California's law denying accident victims pain and suffering damages for not being strapped in.
Driving While Fatigued - The Facts.
Although more common per capita with long haul truckers and cross the country driving, even local automobile drivers near you are at risk. There are many reasons people fall asleep while driving. According to the Center for Disease Control ("CDC"), it is estimated that driver fatigue was the leading reason behind 5,000 to 6,000 fatal automobile accidents (Read more). It is often said that driving while fatigued has a very similar effect on the driver’s competency in driving under the influence of alcohol.
On top of that, an alarming rate of Americans is unaware of the serious consequences of driving while fatigued. According to a study carried out by the National Sleep Foundation, 60% of Americans have admitted to driving while feeling fatigued. In comparison, 37% of Americans have admitted to falling asleep while behind the wheel. As noted, the drivers who are most at risk of falling asleep while driving are commercial truck drivers.
Some other examples of people at risk are night shift workers, people who suffer from sleep disorders, and those who may be sleep-deprived. Identifying and preventing ill-effects of operating a vehicle while fatigued often falls under the driver's responsibility to know and understand their body. However, new seatbelt technology may help identify if the driver is too tired to drive.
EUROPEAN PROJECT HARKEN AND SEAT COVER AND SAFETY BELT TECHNOLOGY.
The Instituto de Biomecánica de Valencia (Biomechanics Institute – IBV) has recently developed driver seat and seat belt technology. Most of all, this technology helps people determine whether a driver enters into a fatigued state while driving. The Harken device, named after the European project, was conceived from Project Harken, which uses intelligent technology embedded in its seat cover and seatbelt. The embedded technology can measure the driver’s heartbeat and breathing activity's mechanical effect while canceling out the “noise” of the car’s activity, such as engine vibrations and bumps in the road.
Using the data collected from measuring the driver’s heartbeat and breathing patterns, the Harken device can monitor the driver’s physiological state and alert them if they are beginning to exhibit fatigue symptoms. And this will allow the driver to take the necessary action to make sure they are driving with enough rest. Also, it helps prevent fatal accidents that are caused by driver fatigue (Read more). Moreover, this new device can be especially useful in the commercial truck driving industry, where drivers are often required to drive for extended periods. Current federal regulations do a poor job of discouraging or preventing such behavior.
RECOGNIZING SIGNS OF DRIVER FATIGUE.
Here are some warning signs to keep in mind on long road trips:
- Disconnecting thoughts or being unable to remember driving the last few miles.
- Missing turns or exits, inability to follow directions.
- Frequent blinking or yawning.
- Drifting in and out of the lane.
- Heavy eyelids.
Driver fatigue is one of the main causes of severe or fatal accidents. And sadly, unless you were wearing a seatbelt, most of your nearby car accident attorneys won't touch the case with a 10-foot pole due to violations of California Vehicle Code Section 27315. However, falling asleep at the wheel remains one of the most preventable just by getting sleep, staying sober, and hydrated. Ironically, the very device that could save you during an accident may now be able to protect you from having a crash at all.
Harken's cutting edge seatbelt technology harkens to a new weapon in the people's arsenal of accident prevention and saving lives on the roads. If you, a loved one, or someone you know was seriously injured due to an accident caused by another party’s driver fatigue, you might be entitled to compensation.
It is advised to contact experienced counsel immediately following a motor vehicle crash to be aware of your legal rights. Laws vary from state-to-state, and it is imperative to retain a zealous advocate to fight on your behalf. For this reason, Ehline Law has set up a 24/7 car accident hotline. And yes, our legal advice remains free for first-time callers wanting to tell us about their important legal case. More importantly, our highly trained staff and attorneys are empathetic.
Our compassionate attorneys want to learn about your case and teach you about your potential injury case's strong and weak points. And this is only possible because we are good listeners. We want to hear every aspect of your problem. That way, we can earn your trust and more successfully advocate your position to the other side. In other words, you're not just a file; you are a friend.
- “Research Methodologies and Statistical Approaches to Understanding Driver Fatigue Factors in Motor Carrier Safety and Driver Health” – FMCSA: http://www.fmcsa.dot.gov/safety/research-and-analysis/research-methodologies-and-statistical-approaches-understanding-driver
- “Heavy and Tractor-trailer Truck Drivers” – U.S. Bureau of Labor Statistics: http://www.bls.gov/ooh/transportation-and-material-moving/print/heavy-and-tractor-trailer-truck-drivers.htm
Ehline Law Firm has offices and meeting places at a location near you in Northern, Central, and Southern California. Contact a Local Torrance Car Accident Lawyer or Greater Los Angeles Personal Injury Attorney. Reach out to us now at (213) 596-9642. Let us help you understand what you are facing as a collision victim.
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