The coronavirus outbreak has impacted many areas of our lives, it has also effected the way we and our work as well.

Policies regarding shutdowns non-essential work, social distancing and remote work, have impacted both employers and workers around the world. Some industries, which have been heavily affected by the outbreak and where the risk of exposure is much higher, are now working even more. And it’s only natural that workers in these industries have concerns about their health and the risks they are exposed to at work.

Covid-19 & Workers’ Compensation in Arizona

During these uncertain times, the ICA (Industrial Commission of Arizona has noted that workers who contract the Covid-19 may be able to establish that they contracted the illness at their place of work and thus qualify for a work injury compensation.

With this possibility, employers will be further motivated to minimize the presence of employees at the workplace who display symptoms of Covid-19 or that have been diagnosed with the illness.

Response to workers’ compensation claim is possible. If an employer wants to challenge the claim’s validity, he can do that through the employer report of injury and needs to provide the insurance carrier the necessary information and document which will support the challenge.

Who’s eligible for Workers’ Compensation?

In time of this crisis, when the cause for concern is a quick-spreading virus, the workers that contract the virus are having a very hard time to establish how they contracted the virus and with that uncertainty, they might not qualify for workers’ compensation benefits.

But in cases of public safety workers, it’s presumable that they contract the Coronavirus, or any other serious disease while doing their job and responding to a situation like this epidemic. So naturally, it’s highly likely that their illness is related to their employment. And as such, they are entitled to the workers’ compensation benefits.

But what happens to those workers that aren’t in the public safety profession? Well, at the moment, there’s no presumption for compensability. This is mainly because it would be very hard and difficult to prove the connection between their work and their illness. So they might need to explore other possibilities for compensation.

If you fall into a category of employment which is not related to public safety, and you need legal counsel on what type of compensation benefits you’re eligible for, contact us today and let us help you.

Auto insurance is not just a legal formality and requirement. It’s also a very important aspect in protecting your financial stability and health.Questions you need to ask your auto insurance policy

Before picking an auto insurance company, you need to know what type of insurance is there, what coverage they offer and what will happen to your premium if you get into a car accident. And in case you were in an auto accident, it’s important to know what to say and not to say to your auto insurance company. These things can have a big effect on your insurance claim.

What auto insurance coverage do you need?

There are a number of auto insurance forms and not all of them are mandatory. Some are even voluntary. For example, auto insurance in Arizona includes:

  • A minimum of $15,000 per person OR a $30,000 per accident in bodily injury
  • A minimum of $10,000 in property damage coverage

This sounds pretty generous and reasonable. Except when you find yourself in an accident where the damages are much higher. This can impact your financial health, because you will have to pay for the extra costs out of your own pocket. So that’s why we highly recommend that you maintain higher level of protection with your auto insurance so that you are sure that you have sufficient coverage. These voluntary coverages include:

UIM or Uninsured or Underinsured Motorist coverage – If you’re in a car accident and the person responsible flees the scene, or is underinsured or uninsured, you will be left without any recourse unless you have an UIM.

Comprehensive coverage – This type of coverage is great if you want to protect yourself against damages from vandalism or car theft, basically from things that are out of your control.

In order to make sure that both you and your loved ones are insured, locate your auto insurance policy, look it over and if necessary, increase your coverage.

Speaking with an insurance agency after the accident

When you get into an accident, you need to contact your auto insurance company in order to report it. The other driver’s insurance company might also contact you. Communicating with both insurance companies is crucial, because one misstatement can make your insurance claim invalid and will dramatically reduce the amount of coverage you can receive. That’s why it’s important that you limit your communication with the auto insurance companies in very specific ways:

Communicate only about facts – You need to understand that the goal of every auto insurance company is to settle the case for as little as possible. That’s the job of the insurance adjuster. Insurance adjuster are representing the insurance company, so no matter how pleasant they sound, keep in mind that they are not representing your best interest. So when you communicate with an insurance adjuster, speak only about facts, without providing ANY opinion, evaluation or to admit anything.

Admitting fault – Often will insurance companies claim that you were the person at fault. If they try do to that, just say nothing. You can’t really know whether you were the one at fault or not, without being fully aware of all the aspects of the accident. For example, you don’t know if the other driver was under any influence, distracted, violating some other law etc. These are all important things required to determine who is at fault.

Calls with insurance companies – When you’re on the phone with an insurance adjuster, keep in mind that the entire phone conversation is being recorded and noted down. This information can be useful in further minimizing your insurance claim. So make sure that you pay extra attention to what you tell the adjuster. Choose your words carefully.

Hiring a lawyer – Since the insurance claim can be a bit complex and complicated, the safest bet would be to hire an attorney who will advocate on your behalf. And if you sustained some type of injury due to the accident, we recommend using a personal injury lawyer as the best option. Lawyers are well-versed in these cases, they know the procedure in and out and will be able to navigate more efficiently in order to get you the highest claim possible.

If you were in an auto accident and you need help filing an insurance claim with your auto insurance company, contact us today and let us help you out!

 

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Sometimes, we lose someone we love due to someone else’s carelessness or reckless behavior. Wrongful Death – 10 most common questionsIn those situations, it’s important to know a few things about filling a wrongful death lawsuit. There are a lot of questions about this and the process might not be simple. So we decided to share with you the 10 most common questions about wrongful death lawsuits to help you better understand the process.

What’s exactly a wrongful death claim?

Personal injury lawsuits and wrongful death claims are very closely related. They both allow you to seek compensations when someone is injured due to someone else’s negligence.

With a personal injury lawsuit, the law allows the injured victim to file a claim and seek compensation from the responsible party. This compensation is to cover the injured person’s losses.

But with a wrongful death claim, the injured person is not alive anymore so he/she cannot file a claim. So in this instance, another person steps into the place of the injured person and files a claim in his/her name to seek compensation.

Who can file a wrongful death claim?

This question depends on a specific state and its legal system. In general, most states allow the personal representative to file a wrongful death claim and this mostly refers to a close family member. In Arizona, wrongful death claims can be filed by:

  • The spouse of the deceased person
  • Children of the deceased person
  • Parent or legal guardian of the deceased person
  • Personal representative of the deceased person’s estate

Wrongful death claim – Do I have a case?

Determining if someone has a wrongful death case or not isn’t so easy to determine. Each case has a unique set of circumstances and facts. So in order to determine if you have a case, you will definitely need to speak to a lawyer. A personal injury or wrongful death lawyer should be able to help you.

How to file a wrongful death claim?

As before, this also depends on the state you wish to file a lawsuit. Usually, you first need to determine if you’re eligible to file such lawsuit. Then you need to work closely with your wrongful death or personal injury lawyer so you could file the claim before statute of limitation expires.

How to prove wrongful death?

Each US state has its own set of laws when proving wrongful death, but in general, the plaintiff must prove:

  • The defendant owed a duty of care to the deceased
  • The defendant breached said duty
  • Breaching duty of care resulted the death of the deceased and
  • Damages that resulted

How long do you have to file the claim?

The time you have to file a wrongful death claim (or any type of claim basically) is called the statute of limitations. This is not the same for all states, so you should definitely check with your personal injury lawyer. For example, in Arizona, the statute of limitation for a wrongful death lawsuit is two years from the date of death. Same applies for New York, California, Florida, New Jersey and many other states.

How much can you sue for in a wrongful death claim?

Usually, wrongful death claims allow you to seek compensation for both economic and non-economic damages. These compensatory damages should compensate the party for loses and the usually include

  • Medical bills
  • Lost wages for the time the deceased was in the hospital
  • Future wages
  • Pain and suffering of the deceased before death
  • Burial and funeral expenses and
  • Loss of companionship

Average settlement for wrongful death

Since every wrongful death case is unique, with its own unique facts, it’s really difficult to determine what’s the average settlement. But when you consult your personal injury lawyer or wrongful death lawyer, he will be able to give you a rough estimate of the settlement.

Attorney fees

When hiring a personal injury or wrongful death attorney, you can discuss that he takes your case on a contingency fee basis. This means that he/she will only be paid if you will the lawsuit and you get compensated.

Is a lawyer really necessary?

Since wrongful death cases can be pretty complicated, we highly recommend that you hire a wrongful death lawyer. He/she will advocate for your best interest and if you have additional questions you can always ask him/her.

When it comes to personal injury claims, they all require you to have an experienced attorney who is well familiar with the process and knows the differences from cases involving auto accidents, nursing home abuse or neglect. But what are the main burning questions when it comes to personal injury law?Important questions about personal injury law

Is your personal injury claim valid?

If you want to pursue a successful personal injury claim, you need to be able to prove that your injuries are caused by someone else’s negligence. Extensive medical treatments are usually part of every personal injury case. However, not all personal injury claims have physical injuries. Some have non-physical harms or losses. A good example is if someone attacks your professional reputation or invade your privacy. These can all be good grounds for a personal injury claim.

How soon can you file a lawsuit?

This depends from one state to another. To be more precise, on the states ‘statute of limitations’. This statute basically determines how much time you have to file a personal injury claim. Of course the statute of limitation differs from case to case. Some states have a statute of limitation of 4 years for a personal injury lawsuit, but for medical malpractice this statute is only two years.

The best thing you can do is to pursue the lawsuit as soon as possible after your injury. This is because preservation of evidence is very important in these cases. Furthermore, a standard procedure involved in a personal injury case is investigation done by your personal injury attorney, which can take some time.

What is negligence exactly?

Negligence concerns actions taken in a specific situation by a ‘reasonable person’. For example, you would expect a truck driver (or basically any driver) to obey the traffic rules and to drive at full attention in order to avoid putting themselves and others at risk. In the event that they cause a car accident because they didn’t pay enough attention while driving, they can be liable for the accident.

So basically, someone is negligent if he/she fails to act in a way an ‘ordinary reasonable person would’ in a specific situation. Personal injury cases are generally found on negligence.

Will the person at fault be punished?

Personal injury cases are NOT criminal actions. They are civil actions. Jail terms cannot be sentenced to defendants in personal injury cases. The same goes for criminal fines. This is because there was no real malicious intent that caused the injury. The cause of the injury is negligence.

Nonetheless, in some rare cases, there can be punitive damages. Punitive damages have a goal to punish the defendants that were reckless OR didn’t act in the best interest of the public. The end result of punitive damages is to discourage defendants to behave in such way.

If you think that you have a valid personal injury case, because someone else’s negligence caused you harm, contact us today and let’s review your case together!

You may have heard of an umbrella policy when discussing insurance. However, many people are unaware of what it actually is and how to utilize it. Because of this, umbrella policies may not be purchased or even used. When it comes to personal injury cases, it’s important to know what your umbrella policy will cover. After all, there’s no sense in having the policy if it’s not going to be of some use to you down the road. Keep reading for the basics of personal injury coverage with an umbrella policy.

What Does an Umbrella Policy Cover?

An average umbrella policy is basically an add-on to the policies you already have. This means it covers above what your normal policy covers. Bodily injury, personal injury, property damage, and landlord liability is what an umbrella policy more commonly covers. Umbrella policies don’t cover things like business losses, written or oral contracts, personal belongings, etc.

How Does an Umbrella Policy Work?

As mentioned above, an umbrella policy kicks in when your normal policy isn’t enough. It acts as a band-aid of extra coverage just in case your usual policy isn’t enough. For example, if you were in a car accident that was your fault, and the other party was injured in the incident, your normal car insurance will cover up to a certain amount. However, if something happens and the case ends up calling for more than your car insurance will cover, the umbrella policy will begin covering the amount that went beyond the coverage of your normal car insurance.

Perspective

Many people think having an umbrella policy isn’t worth it. However, here is a scenario to put it into perspective. Car insurance policies will only cover so much and you can’t purchase any more than their highest limit. Therefore, the only way to get extra coverage is to go for an umbrella policy. When personal injury cases are presented, aspects such as lost wages, grief, etc. are covered outside of the cost of medical bills for the injury itself. Say you hit a doctor and he sues you for lost wages on top of everything else. You could be looking at a million-dollar payout for damages with your car insurance only covering $500,000 of that. If your insurance doesn’t cover it, the judge and jury won’t care. You will still have to find a way to put the leftover damages amount. This can result in garnered wages, loss of property, home, other belongings, and more.

Umbrella policies aren’t necessary or required by law. However, they can prove to be quite the backup in such a sue-happy world. Umbrella policies commonly can be purchased in one million increments for up to five million in coverage.

A complete and thorough investigation should be conducted shortly after an accident to determine the cause of the accident. Negligence or a defective product may have been the proximate cause of the collision. In any event, you are entitled to seek the truth and have your case heard by a jury or judge. In Arizona, the parties can agree to have the matter heard by a judge in a more expeditious and inexpensive manner.

 Truck Accident Statistics

 In 2005, the Federal Motor Carrier Safety Administration (FMCSA) disclosed that there were over 5,000 fatalities involving the use of commercial trucks. You should be ready to file a claim after a trucking accident, given the great number of accidents caused by trucks and the severe injuries that are commonly suffered after one of these accidents.

 If you have been injured after one of these victims, you deserve to have your rights protected.

 Truck Inspections and Highway Safety

 Trucks must be inspected regularly and must adhere to the FMCSA standards. The drivers must also be regularly supervised and certified so that safe road can be assured for the general public.

 Truck Insurance

 Unlike passenger vehicles in Arizona, that require minimum insurance coverage of $15,000 to $30,000 for any bodily injury, commercial trucks must carry at least a minimum of $750,000 in insurance for any bodily injury that may occur on the road. It is essential to verify insurance coverage in these trucks after an accident because sometimes the owner may lease the truck, and the lessor may not carry the insurance mandated by the law.

 Trucking Company and Truck Driver Regulations

 Regulations set forth by the Federal Motor Carrier Safety Administration standardize the use and maintenance of commercial trucks. These truck regulations include the use of controls and displays, starter interlocks, windshield defrosting and defogging systems, hydraulic and electric brake systems, and trailer load-carrying capacity.

 Further, truck drivers must comply with rules regarding receipts and bills, the transportation of household goods in interstate commerce, controlled substances and alcohol use and testing, commercial driver’s license standards, and other employee safety and health standards.

 The regulations are extensive, and the breach of any of these rules may cause an accident and severe injuries or loss of life.

 Seriously Injured in a Truck Accident?

 You need to pursue legal action within the statute of limitations and gather all the necessary information quickly before you lose valuable evidence in your case. The preservation of evidence is needed so that you are able to present all the correct and relevant information at court. The attorneys at Schenk Podolsky are highly qualified to handle trucking accident claims and lawsuits—contact us today to pursue your legal claim.

 If you have suffered a severe injury, or if a loved one has lost his or her life, as a result of a trucking accident, please contact our law firm. We can understand the scale of these cases, and we know how to properly conduct truck accident investigations through experts to prosecute your claim.

 We have a commitment to excellent personal service and to helping victims of truck accidents involving serious injury, or wrongful death, and will diligently pursue your claim.

Truck safety failures can be proved through the use of experts and inspections. Numerous causes of negligence can cause an accident. Therefore, only the most diligent inspections can reveal the proximate cause of the collision, and alert similar companies to follow better practices.

At Schenk Podolsky, we thoroughly investigate every truck accident case that comes through our office. The truck, or the components of the truck, not just the truck driver may have caused the accident. Further, the commercial truck driver may have been negligent in driving over the speed limit, over the hours of time allowed under the law, or may have simply been tired and inattentive at the time of the accident.

Trucking companies have high exposure limits when involved in an accident, so they have highly trained insurance adjusters and lawyers who investigate their losses. Thus, when you are injured in a truck accident, it is vital to have someone with the resources that Schenk Podolsky can provide you with.

Our firm can effectively investigate your truck accident and determine what parties were negligent in your loss. Whether it was the driver, poor maintenance, improper loading of the cargo or a combination of these, our firm will pursue the trucking company to ensure you obtain the compensation you are entitled to.

We would like to help you if were injured in an accident with a commercial truck. We have the experience and resources necessary to help you pursue your claim.

Contact Schenk Podolsky online, or by calling us at to set up a free consultation in our Mesa Law Office.

On the half-mile stretch of pavement, from 27th Avenue, just north of Bethany Home Road, six people were killed from 2010 to 2017. Four others were seriously injured, according to state Department of Transportation data. There’s no one reason that cars hit pedestrians. People may make a choice to step into a lane – one of the reasons is intoxication. Drivers may make a choice to look away from the road.

But interviews with safety experts and an Arizona Republic analysis of 12,000 pedestrian injuries and deaths chronicled in state collision data reveal two common factors. Both are as much about the design of the roads as the decisions of the people. Most pedestrians who are killed are hit when they cross outside a marked crosswalk, the area commonly referred to as “midblock.” And most pedestrian deaths happen on stretches of road designed to encourage higher speeds. Dozens of cities across the United States have begun redesigning their streets in response to surging pedestrian death rates in recent years, setting a target of zero roadway deaths. But in Arizona, there’s almost no commitment to that goal.

Smartphones, responsible for the death of thousands of pedestrians in the United States?

Nothing is safe yet, but the statistics are in any case formal. Since 2010, the number of Americans killed in accidents, mostly traffic, while they were just pedestrians, has increased dramatically. Four times more than the increase in the number of passengers or motorists who died in accidents.

The smartphone, responsible for the death of thousands of pedestrians?

All over the United States, road mortality continues to increase, although our country aims to “zero dead” on the road, especially with the arrival of autonomous and semi-autonomous cars.

The American authorities are in any case questioning the responsibility of smartphones in this slaughter. Attention, that it is not misunderstood, it is not envisaged here that the pedestrians are responsible for their own death, because they would watch their smartphone while walking, even if it is a proven risk of accident. The statistics are clear: more and more pedestrians are being hit by cars at night, on the road. Only one in five pedestrians involved in a traffic accident was at a crossroads, a junction, a pedestrian crossing.

Pedestrians mowed by motorists while looking at their phones

The association in charge of Road Safety in the United States decided to analyze all accidents that occurred in the US during the first six months of 2016, in order to analyze more precisely what is the cause this unprecedented increase in the number of dead pedestrians. The result of this study will be made public later this year.

You have just bought a new or used car and want to start a new era of driving safely? This article is made for you! Here are some tips to take care of your car while protecting your passengers and yourself.

Before leaving

It may seem obvious, but not many people actually do it so here’s a quick reminder of what to check on your vehicle. Do not start the voyage if your tire is smooth, have them changed before it’s too late. Go to a service station to check the pressure as well. You will find this information on your doorstep, by lifting the valve of your tank or in the maintenance book of your car. Two pressures are usually indicated, the first for normal use of your vehicle, the second when loaded. Take this into account when going on vacation. This takes only a few seconds and can change everything during sudden braking or driving on slippery surfaces.

On the way

Once on the road, put your hands at “10:10” on the steering wheel and drive carefully avoiding any distractions. Be sure to adapt your driving to traffic especially during departures on vacation. Speed ​​limits are not everything. When roads and highways are loaded, set your speed on the vehicles around you. Do not ride too slowly to avoid obstructions to traffic.

Another important point is the safety distances which, when they are not respected, lead to serious accidents. Keep in mind the “two seconds” rule to maintain an acceptable safe distance. It is very simple to apply: choose a fixed object in the distance like a traffic sign or a bridge and wait for the vehicle in front of you to pass up to it.

Then say “independence, independence” equivalent to two seconds. If you arrive at the marker before the end, you are too close. You can also follow the white stripes on the side of the road, 2 safety bands, 1 danger band as the signs say.

DRIVING IN RAIN OR IN STORMY WEATHER

During rain or heavy rain, in order to limit aquaplaning and circulate safely, we recommend that you:

  • Lift the foot of the accelerator
  • Check the condition and pressure of your tires often
  • Respect the safety distances
  • Stick to the speed signs
  • Anticipate braking

We remind you of the speed limits on the wet road, namely, 70 mph for rural freeways, a 45 mph minimum speed limit, 65 mph for other 4 lane divided highways, and 55 mph for all other highways. 

 ADOPT A SAFE DAILY DRIVING

NIGHT DRIVING

It differs completely from daytime driving. We are often dazzled by the low beam or headlights of other vehicles. Here are some details:

Try not to look at the headlights of other cars

Reduce your speed

Change the position of your interior mirror. There is a night position.

TIRES: LOOK AT THE WEAR RATE AND CHECK THEIR PRESSURE

For a perfect grip, do not ride with under-inflated tires. You must follow the recommendations of tire manufacturers or manufacturers. Those that are recommended vary depending on your load at the back. Then increase the pressure of the tires in the same place. Depending on their wear rate you can swap your wheels. During a puncture, simply loosen the wheel, use your jack to replace it with your spare wheel. This must be checked regularly.

ADOPT RESPONSIBLE BEHAVIOR

DRUNK DRIVING

For your safety and that of your passengers, use a breathalyzer when leaving a restaurant (if you have drunk, of course). He will inform you about your alcohol level and during a control by the police, you will not be in violation. Thus, you will not be penalized with a fine.

Arizona is a no-tolerance state for DUIs, meaning you can be arrested with a blood-alcohol content higher than the legal limit of 0.08 percent, which means that you should not drink a single drink

MEDICATION AT THE WHEEL

Also watch out for drugs that can cause drowsiness and decreased reflexes.

 BEHAVIOR

In traffic jams, it is better to turn the engine off in order to consume less fuel and to avoid releases of particles to the environment. Try to control yourself by avoiding inadvertent honking, incivility and aggression at the wheel (we know, it’s not always easy).

TELEPHONE ON THE FLY

For your safety, it is forbidden to phone, drink or eat while driving (but you already know that). The Bluetooth hands-free kit is allowed. SMS are not allowed. We keep both hands on the wheel!

If you have a teenager at home, know that he can do driving accompanied. Like you, he must respect all speed limits as well as the Highway Code.

PREVENTION AND ROAD SAFETY

Do not hesitate to obtain brochures, documents and visit the websites of associations that aim to reduce the death rate and accidents. There are many organizations whose mission is to perform Crash Tests. Thus, by buying a new car with 5 stars, you can be sure that it has responded positively to all safety tests.

Now that you know all about our safety tips, the best you can want is to pay attention to yourself, your loved ones and other road users. To do this, check all equipment of your vehicle. Beware also of all users on motorbikes, bikes etc. Finally, if your tires are worn out, buy new ones!

Driving a vehicle requires the greatest concentration; however, too many drivers are distracted from their main activity, driving, by secondary activities.

There are many sources of distraction when a driver is driving his vehicle: eat or drink, smoke, wear makeup, remove his jacket or sweater … But today, society asks us to manage our time best, become a scarce resource. For most of us this means, among other things, being always reachable.

Being able to stay in permanent contact with one’s private or professional surroundings has become an absolute necessity. We often use the car as an extension of our living room or our office. Manufacturers, to meet or anticipate demand, are perfecting their systems. The temptation is therefore great to be distracted at the wheel by other activities. The recent worldwide rise in the use of mobile phones while driving poses more and more security problems.

A recent survey indicates that 2 out of 3 employees call during their business trips and only 20% do so only when stationary. Users underestimate very much the risk they are taking and are hurting others by using their phone while driving. Many believe that the danger lies in the physical manipulation of the phone – the fact of holding it in hand – and consider that the solution is to use a device built into the vehicle or helmet …

THREAT: THE DROP OF ATTENTION

Holding an object in hand will necessarily complicate the task of the driver to maneuver his steering wheel if he must avoid an obstacle that arises. He will do the necessary less well (if it happens) and with a delay. The problem is not limited to the action of the hand or its position on the steering wheel, but the danger comes mainly from the mental load that a remote conversation makes to the brain. The threat comes from lack of attention. When we are on the phone, 80% of the capacities of our brain are mobilized, the remote conversation induces automatic mechanisms of thought which make that our spirit projects itself, imagines the interlocutor, the place where it is, “sees his face” . In fact, we are elsewhere, and just capable of performing routine driving tasks, as if we were on autopilot. The results of a study show that people who phone while driving record 30% less information (no difference in test performance could be highlighted between the use of bluetooth, headset phone speaker or phone held against the ear).

TALKING, WRITING, TAKING PHOTOS: WELL, TOO RISKY!

The latest generation phones, like smartphones, are minicomputers that allow multiple uses:

Talk, the basic function of any phone. Write text messages and emails (26% of drivers do so, 51% among 25-34 year olds), use applications (programs, software, internet and social networks) or even set up a GPS (36% do it while driving) . Writing a text message makes a person not keep their eyes on the road for 5 seconds, if you drive at 90 km / h, the risk of accident is then multiplied by 23. For comparison if you drive with a rate of blood alcohol level of 0.8 g / l, this increases the risk by 10. Selfies are becoming a popular practice for young people, even at the wheel! According to a survey of Europeans aged 18 to 24, 1 out of 4 admits having taken a picture while driving (28% for the French) and 43% of French young people admit to taking pictures while driving.

DRAMATIC CONSEQUENCES

Driving requires a permanent concentration to process and interpret a lot of information. A second carelessness can have dramatic consequences, especially when a traffic event occurs that the driver is supposed to detect, analyze and interpret, before reacting appropriately, all very quickly. Still, his attention must be fully available and not mobilized elsewhere. The “lack of attention” is at the origin of many accidents. The reaction time, which is one second if all goes well, is increased by several seconds (2 to 4 times more). The consequence is an extension of the stopping distance. At 50 km / h, with a reaction time of 1 second, we put 28 meters to stop in optimal conditions. With 2 seconds it will be 42 meters.
Other tasks are disrupted. For example, the time spent on the overtaking lane is significantly more important, due to a lower average speed and less frequent maneuvers.

REFLEXES TO ADOPT

“The omnipresence of mobile phones in everyday life is accompanied by a lack of self-regulation on the part of their users, even in situations where this risks are endangering them” analyzes Bernadette Moreau, General Delegate of the Vinci Autoroutes Foundation. Faced with this widespread practice, some simple reflexes deserve to be adopted by drivers:

Anticipate, better organize, stop: talk on the phone before taking the road, during breaks or pass the communication or the steering wheel to a third party when possible; inform your interlocutors: before the departure, activate a voice message indicating the impossibility of stopping in case of call; protect your interlocutors: when the person called is in a driving situation, systematically suggest him to call back.

TELEPHONE AND HEADPHONES: STRICTLY PROHIBITED

As part of an investigation, a requisition from the telephone operator may provide information on the use of the telephone (voice, SMS, internet) at the time of the accident. This may have consequences in the procedure (the lack of attention may be used as a circumstance of liability) and in the context of compensation by the insurance.