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Opinion: One inattentive moment is all it takes

Lee C. Christie
April 28, 2010
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Indiana Lawyer Commentary


In the March 17-30, 2010, issue of Indiana Lawyer, my colleague David A. Temple authored an informative article on cellular phone use while driving. In closing his article, he posed the question, "[w]ho will care for, raise and play with your family when you are disabled or dead?" Unfortunately, in my representation of a family who were the victims of a distracted driver, I have had a front-row seat to one family's struggle to answer this question over the last three years as they have dealt with the devastation caused by the catastrophic injuries suffered by their patriarch and breadwinner as the direct result of the actions of a distracted driver.

In early 2007, a call came into my office regarding a trucking collision. A married father of two teenage boys, who happened to be a hugely successful in his career as a salesperson of neurological medical devices, was now barely hanging on to life at Methodist Hospital. Ironically, the man who was injured was now being saved, in part, by the same technology he was selling just hours before his vehicle was hit by an 18-wheeler on that sunny afternoon in February. The defendant driver, it seems, had been looking down at his companyissued handheld tracking device - likely anticipating his next stop or delivery. The truck driver's focus on the handheld device - known as a "mobile computer" and which had a broad range of capabilities, including texting - and his inattention to the roadway before him, caused the semi driver to blow through a red light at a well-traveled intersection and to collide with the vehicle being operated by my client. Discovery in the case revealed that the handheld device was operational while the truck was being driven and unlike similar equipment of its kind, had no automatic shut-off mechanism when the vehicle in which it was placed was in operation. A recipe for disaster, indeed.

Rather than the claim being limited to the negligence one would allege in a trucking collision of this sort and the violations one would investigate and allege based on the involvement a semi tractor trailer, I soon recognized that distracted driving was a central issue in the claim and one which exposed the driver's employer to a potential punitive damage claim. The more I researched distracted driving statistics, consulted with experts, and talked with lawyers who had handled similar cases, the more troubled I became about the hazard that handheld devices of any kind posed for travelers of our roadways. A threat akin to, if not worse than, impaired drivers according to many studies.

In our case, that moment of inattention to the roadway by the truck driver in order to glance at his handheld device has deprived my client of the ability to ever provide for his family again. He will never work again. He will never drive again. His ability to be a meaningful partner to his spouse and a father to his sons was taken that day. His brain injuries were so severe that his neurosurgeon described the damage as an "emotional and equivalent to a frontal lobotomy." To be sure, his family is grateful that he is alive and can sit among them. However, what used to be a full schedule of meeting and exceeding professional goals, attending and coaching children's sporting events, socializing with friends, and raising two boys with his life companion and best friend, has been diminished to therapy appointments, doctor appointments, surgical procedures, and many hours of idle time for a man who was once described as the "Energizer bunny" by friends and colleagues. He is a shell of who he once was, and his wife now serves as a caregiver to him and she is, in essence, a single parent to two boys in their teen years. Their lives were changed irreparably in one moment - the instant the distracted driver chose to focus on his handheld device instead of the roadway.

My colleague posed another question at the end of his Indiana Lawyer article on cell phone use while driving as follows: [i]s that phone call or e-mail so important that you are willing to risk your life or the lives of your family and friends who are in the vehicle with you or the innocent pedestrian or driver and passengers in the vehicle you hit?" I have seen the tragic results of what can happen in a distracted driving case and I can tell you that no call or e-mail is that important. Pull over. Companies should all have restrictions on the use of cell phones and/hand-held devices so that catastrophes such as this one occur much less frequently.

Lee C. Christie is an attorney with Cline Farrell Christie Lee & Caress in Indianapolis. The opinions expressed in this column are the author's.

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  1. Dr wail asfour lives 3 hours from the hospital,where if he gets an emergency at least he needs three hours,while even if he is on call he should be in a location where it gives him max 10 minutes to be beside the patient,they get paid double on their on call days ,where look how they handle it,so if the death of the patient occurs on weekend and these doctors still repeat same pattern such issue should be raised,they should be closer to the patient.on other hand if all the death occured on the absence of the Dr and the nurses handle it,the nurses should get trained how to function appearntly they not that good,if the Dr lives 3 hours far from the hospital on his call days he should sleep in the hospital

  2. It's a capital offense...one for you Latin scholars..

  3. I would like to suggest that you train those who search and help others, to be a Confidential Intermediary. Original Birth Certificates should not be handed out "willie nillie". There are many Birth Parents that have never told any of their families about, much less their Husband and Children about a baby born prior to their Mother's marriage. You can't go directly to her house, knock on her door and say I am the baby that you had years ago. This is what an Intermediary does as well as the search. They are appointed by by the Court after going through training and being Certified. If you would like, I can make a copy of my Certificate to give you an idea. you will need to attend classes and be certified then sworn in to follow the laws. I still am active and working on 5 cases at this time. Considering the fact that I am listed as a Senior Citizen, that's not at all bad. Being Certified is a protection for you as well as the Birth Mother. I have worked with many adoptees as well as the Birth Parents. They will also need understanding, guidance, and emotional help to deal with their own lost child and the love and fear that they have had locked up for all these years. If I could talk with those involved with the legal end, as well as those who do the searches and the Birth Mothers that lost their child, we JUST might find an answer that helps all of those involved. I hope that this will help you and others in the future. If you need to talk, I am listed with the Adoption Agencies here in Michigan. They can give you my phone number. My email address is as follows jatoz8@yahoo.com. Make sure that you use the word ADOPTION as the subject. Thank you for reading my message. Jeanette Abronowitz.

  4. The promise of "Not to Tell" is the biggest lie ever given to a Birth Mother. THERE WERE NEVER ANY PROMISES GIVEN TO ANY OF US. One of the lies used to entice us to give up our Babies. There were many tactics used to try to convince us that it was best for Mother and Baby to cut the cord at birth. They have no idea of the pain and heartache that was caused by their attitude. The only thing that mattered was how great and wonderful they appeared to the prospective parents and their community. I completed my search, but that didn't stop the pain, heartbreak and the tears of the last 62 Years. I keep track and do know that he is alive, well educated and a musician. That little knowledge in itself is a Godsend to me. I pray that other Mothers also know that much and more to help heal their pain and open wounds. open wounds.

  5. please do your firm handles cases on breach of contract? please advise...

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