Traffic Collisions Caused by Pedal Error

What is the Problem?

A very common cause of preventable traffic collisions in the United States occurs when a driver mistakenly steps on the accelerator of their car when their intention was to step on the brake pedal. It is also common for a driver’s foot to slip from the brake pedal onto the accelerator or for a driver to errantly apply pressure to both the brake and accelerator pedals at the same time. The result can be a rapid acceleration of the vehicle, often at full-throttle, when the driver was expecting the vehicle to stop.

The greatest number of these incidents occurs in a parking lot, parking structure or driveway, but it also occurs frequently at intersections where the driver intends to stop for a traffic light or stop sign. The driver will recognize the error almost immediately, but because these incidents occur in confined areas or in close-quarters traffic, they often result in traffic collisions with other cars, walls or fixed objects. For the most part these collisions occur at slow speed with no harm to anyone. Unfortunately, however, these pedal errors do result in injury to pedestrians or bicyclists.

The National Highway Traffic Safety Administration (NHTSA) reports that this type of collision occurs approximately 16,000 times per year. That is an average of 44 incidents each day. Studies have also revealed that drivers under the age of 20 or over the age of 65 are four times more likely to be involved in pedal errors that result in a traffic collision.

How to Avoid Pedal Error

A prepared driver is a safer driver. Here are a few steps you can take to avoid being involved in a traffic collision caused by pedal error:

• Before driving, adjust your seat, mirrors, steering wheel and pedals. If you are driving a vehicle for the first time, take the time to familiarize yourself with pedal position.
• Make a habit of putting your foot on the center of the brake pedal. Over time, muscle-memory will train your body to apply braking pressure at the same location each time. Don’t get into the habit of apply braking pressure on the edge of the brake pedal.
• Avoid distractions that take your attention away from the task of driving.
• Be cautious especially when pulling into or out of parking situations.
• Wear the correct shoes for driving. Driving while wearing flip-flops, heavy boots or high-heels can add to the frequency of pedal error.

Did You Know that a Pedal Error May Result in the Suspension or Your Driver License?

Astonishingly, this is correct. If a pedal error results in a traffic collision or any incident which causes the response of a Law Enforcement Officer, he or she will be very curious as to the cause of the traffic collision. Many times, police officers will misinterpret a simple “slip of the foot” as evidence that the driver no longer possesses the “Skill to Drive.” This is a particular problem for our mature drivers as the DMV suspects that older drivers suffer with a Lack of Skill.

If a police officer determines that a pedal error caused a traffic incident or traffic collision, and if that officer believes the pedal error demonstrates a person’s lack of skill to drive, the officer will report the incident to the DMV by preparing either a Notice of Re-Examination or the more immediate Notice of Priority Re-Examination. This forces the DMV to open an investigation into the driver’s ability to safely operate a motor vehicle and suddenly thrusts the driver under a microscope.

As stated above, mature drivers are increasingly the focus of a DMV suspension action because their foot slipped off of a brake pedal onto the accelerator. The obvious implication here is that the mature driver has advanced in age to a point that they can no longer be trusted to drive. While this is occasionally true, the more frequent instant is the DMV misinterpreting the facts.

If you have been involved in traffic incident or traffic collision because of a pedal error, and if you fear the DMV is working to suspend or revoke your driving privilege, telephone the DMV Defense Experts at California Drivers Advocates.   We’re here to help.