ILNews

Opinion: One inattentive moment is all it takes

Lee C. Christie
April 28, 2010
Keywords
Back to TopCommentsE-mailPrintBookmark and Share
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.

ADVERTISEMENT

Post a comment to this story

COMMENTS POLICY
We reserve the right to remove any post that we feel is obscene, profane, vulgar, racist, sexually explicit, abusive, or hateful.
 
You are legally responsible for what you post and your anonymity is not guaranteed.
 
Posts that insult, defame, threaten, harass or abuse other readers or people mentioned in Indiana Lawyer editorial content are also subject to removal. Please respect the privacy of individuals and refrain from posting personal information.
 
No solicitations, spamming or advertisements are allowed. Readers may post links to other informational websites that are relevant to the topic at hand, but please do not link to objectionable material.
 
We may remove messages that are unrelated to the topic, encourage illegal activity, use all capital letters or are unreadable.
 

Messages that are flagged by readers as objectionable will be reviewed and may or may not be removed. Please do not flag a post simply because you disagree with it.

Sponsored by
ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. Thanks Jim. We surprised ourselves with the first album, so we did a second one. We are releasing it 6/30/17 at the HiFi. The reviews so far are amazing! www.itsjustcraig.com Skope Mag: It’s Just Craig offers a warm intimacy with the tender folk of “Dark Corners”. Rather lovely in execution, It’s Just Craig opts for a full, rich sound. Quite ornate instrumentally, the songs unfurl with such grace and style. Everything about the album feels real and fully lived. By far the highlight of the album are the soft smooth reassuring vocals whose highly articulate lyrics have a dreamy quality to them. Stories emerge out of these small snapshots of reflective moments.... A wide variety of styles are utilized, with folk anchoring it but allowing for chamber pop, soundtrack work, and found electronics filtering their way into the mix. Without a word, It’s Just Craig sets the tone of the album with the warble of “Intro”. From there things get truly started with the hush of “Go”. Building up into a great structure, “Go” has a kindness to it. Organs glisten in the distance on the fragile textures of “Alone” whose light melody adds to the song’s gorgeousness. A wonderful bloom of color defines the spaciousness of “Captain”. Infectious grooves take hold on the otherworldly origins of “Goodnight” with precise drum work giving the song a jazzy feeling. Hazy to its very core is the tragedy of “Leaving Now”. By far the highlight of the album comes with the closing impassioned “Thirty-Nine” where many layers of sound work together possessing a poetic quality.

  2. what a wonderful world we are living, i still doubt this spell caster how he did it!!! i am Tamara Barrow am from USA I am so happy to let the whole word know how this powerful spell caster saved my marriage.Everything was going down the drain as my husband can not stop cheating on me with other women. It became used to always heating on me. I tried to make him stop, but I couldn't help the situation, the more I tried, the harder it becomes. At times we will fight and go apart for some months and we will come back again just because of our kids. One day a friend told me about this spell caster who helped her too, his name is Dr.voodoo, she said he uses white magic spells to solve spiritual problems. I decided to give it a try, I contacted him and he told me it will take just 2 to 3 days and I will see great changes in my husband. He actually cast a spell, believe me after 2 to 3 days of the spell, my husband was confessing different names of woman he has slept with. He begged for forgiveness and never to try it again. From that day till now, my mind is at rest. My husband dislike every other women on earth except me. And am so happy to have him for myself alone.The spell caster’s contact his email at: voodoospelltemple66@gmail.com visit his website on http://drvodoospelltemple.webs.com

  3. Andrew, if what you report is true, then it certainly is newsworthy. If what you report is false, then it certainly is newsworthy. Any journalists reading along??? And that same Coordinator blew me up real good as well, even destroying evidence to get the ordered wetwork done. There is a story here, if any have the moxie to go for it. Search ADA here for just some of my experiences with the court's junk yard dog. https://www.scribd.com/document/299040062/Brown-ind-Bar-memo-Pet-cert Yep, drive by shootings. The lawyers of the Old Dominion got that right. Career executions lacking any real semblance of due process. It is the ISC way ... under the bad shepard's leadership ... and a compliant, silent, boot-licking fifth estate.

  4. Journalism may just be asleep. I pray this editorial is more than just a passing toss and turn. Indiana's old boy system of ruling over attorneys is cultish. Unmask them oh guardians of democracy.

  5. Banana.Republic

ADVERTISEMENT