Accident Victims Cannot Rely on Police Reports to Confirm or Deny Driver’s Use of Cell Phone Caused the Crash
It’s called the “under-reporting problem” by researchers and industry analysts, but the reality is that no one truly knows how many deadly motor vehicle accidents are caused by the driver’s cell phone use at the time of the crash. See, “Crashes Involving Cell Phones Challenges of Collecting and Reporting Reliable Crash Data,” published by the National Safety Council on March 9, 2018.
Police reports are not accurate in reporting cell phone use. The Fatality Analysis Reporting System (FARS) of the National Highway Traffic Safety Administration (NHTSA), which compiles information on fatal motor vehicle fatalities, correspondingly is not correct.
It is a worldwide reality: no one knows how many times people are dying in fatal crashes caused by a driver being distracted because he (or she) is using their phone. For details, read: Ige, Janet, Amrit Banstola, and Paul Pilkington. “Mobile phone use while driving: Underestimation of a global threat.” Journal of Transport & Health 3.1 (2016): 4-8.
The Holes in the Bucket: Four Problems in Obtaining Accurate Crash Info
According to the National Security Council, there are several distinct issues that contribute to this “under-reporting problem.” They include:
1. Scene of the Fatal Accident
At the crash site, police officers have the first opportunity to discover if a driver was distracted by their phone at the time of the accident. There are a great many problems here in getting accurate information.
Police must take the time to ask questions about phone use at the scene, gathering information from all involved: drivers, passengers, and witnesses. Physical evidence must be discovered and protected, including the phones.
Today, there is no judicially-recognized technological advance that allows the officer to confirm phone use at the time of impact (or beforehand). Often, officers must rely on the driver (or a passenger) coming forward and admitting that cell phone use.
Police officers called to the scene of a fatal crash may or may not be able to discover if the driver was on their cell phone at the time of the accident.
2. Inaccurate Witnesses
Police officers at the scene must interview the people that witnessed the crash. This includes both the occupants of the motor vehicles involved in the accident as well as those in close proximity on the roadway. Anyone who was on the sidewalk, walking along the roadway, or watching from a nearby restaurant, drive-thru line, or office building should be asked to divulge what they saw when the accident happened.
Witness statements must be finalized. They are very important to the police report, as well as any subsequent litigation resulting from the fatal crash.
Nevertheless, witness statements must be considered carefully insofar as cell phone use of a driver at the time of a fatal accident. Witness statements are notorious for being wrong. People do not remember things accurately, or they forget vital facts to the case. See, e.g., Loftus, Elizabeth F. “Reconstructing memory: The incredible eyewitness.” Jurimetrics J. 15 (1974): 188.
Witness statements that fail to confirm the driver was on the phone at the time of the crash cannot be considered as verification that distracted driving did not contribute to the crash. Even if no witness reports seeing a driver using his (or her) cell phone, it does not mean that the driver was not on the phone at the time of the fatal accident.
3. Another Clear Reason for the Crash
Often, a driver distracted by his or her phone will lose control of the vehicle and in doing so, commit another serious traffic violation. For instance, a driver distracted by his phone may run a red light, veer into another lane of traffic, exceed the speed limit, or fail to stop in time to avoid a rear-end collision.
Police officers called to the accident scene may review the site, and confirm something like a driver’s failing to stop at a red light led to the fatal crash. They may not investigate further, and ask why the driver ran that light in the first place.
Drivers distracted by their cell phones may not be considered by police officers at the crash site when there is a clear reason for why the crash occurred and people died in the accident.
4. Drafting the Crash Report
Reports are drafted and filed according to standardized formats adopted by the particular law enforcement agency. Some are on paper. Some are digital.
Officers in different jurisdictions may not be required to provide the same information regarding an accident, and even when they do, different jurisdictions may not require the same level of detail.
In some instances, the agencies may not require much investigation or detail into whether or not a cell phone contributed to a fatal accident. Delving into phone use may or may not be a focus of the particular agency or police department reporting format.
Differing crash report formats contribute to our inability to confirm the number of fatal accidents caused by a driver distracted by his or her phone at the time of the fatal crash.
April is National Distracted Driving Month: Crash Victims Deserve Justice
Every April is recognized as National Distracted Driving Month. This year, we urge those who have been victims of serious or fatal motor vehicle accidents, as well as their loved ones, to consider whether or not the possibility of a driver distracted by their cell phone contributed to the crash.
Was the police report accurate? Did anyone get the cell phone records from the wireless company to confirm whether or not the driver’s phone was in use at time of impact?
For more on distracted driving claims, read:
- Employer Liability for Distracted Driving Accidents in Indiana or Illinois
- Fatal Distracted Driving Accidents: How Much at Risk are You Here in Indiana and Illinois?
Distracted driving claims can be filed under the laws of Indiana and Illinois to help bring justice to victims of drivers who were so distracted by their phones that they cause the accident. Sometimes, others may also share liability as well (like employers). Please be careful out there!
