Should Sneezing While Driving Be Banned? - adinjc
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Should Sneezing While Driving Be Banned? We all sneeze at one time or another, some more that others, but sneezing while driving can be particularly dangerous. However, people tend to forget about the danger of sneezing while driving. Whilst most people are aware of the dangers of texting and driving or drinking and driving, it appears very few studies have investigated sneezing and its effects on road safety. Research has shown that around two million driving incidents on UK roads are caused by sneezing fits. Although sneezing can be an uncontrollable reaction, there are steps to take in order to lower your chances of sneezing while driving. If you find a sneeze coming on, try and pull up in a safe, legal and convenient place, because driving ‘blind’ is not recommended. Should an accident occur, pleading involuntary loss of control due to a sneezing attack is unlikely to make a convincing argument to a charge of careless/dangerous driving because a sneeze leaves no trace and, anyway you could stop it if you try. So, try and control those annoying ‘Ahhh-choos’ while driving and if you can’t then ‘let it rip’ but not until you have stopped where you will not cause danger to any other road user. Tom Harrington LL B F Inst. MTD 30 April 2018
Should Sneezing While Driving Be ‘Banned’?
Tom Harrington LL B M Inst. MTD (August 2002)
Introduction
S
neezing is a reflex action to irritation of the mucus membrane lining
the nose. Sneezing also known as sternutation, dispels irritating
particles from the nose. “A sneeze is a sudden, violent spasmodic
audible expiration of breath through the nose and mouth, especially as a
reflex act”. 1 We sneeze when we have a cold because the inflamed nose
membranes are super-sensitive to the touch of tiny inhaled particles, cold
air, sunshine and other stimuli which would normally have no effect.
There is always time for the will - certain nerve cells in the brain - to note
the irritation and issue orders forbidding other parts of the brain from
triggering the sneeze reflex. The purpose of sneezing is to clear unwanted
irritants or germs from the nose. In the 1970s, the condition was
formalized under the acronym ACHOO which stands for “Autosomal
Dominant Compelling Helio-ophthalmic Outbursts Syndrome”. 2Sneeze
violently while driving at 70mph and you will cover 330yards, or almost a
quarter of a mile, dazed and semi - blind. Three sneezes in a 15mph traffic
flow will see you further on and possibly introducing yourself to the
vehicle in front. Every sneeze involves about five seconds of grimacing
and snorting, two seconds of complete distraction and at least three
seconds of head - shaking and eye – wiping. Should an accident occur,
pleading involuntary loss of control due to a sneeze is unlikely to make a
convincing defence to a charge of dangerous /careless driving because a
sneeze leaves no trace and, anyway, you can stop it if you try. (Remember
the case of the wasp in the lady’s car) Have you ever noticed how
television performers never seem to sneeze? The tension of their job, and
the concentration they are devoting to it, sets up a nervous reaction which
counteracts any impulse to sneeze. So, if you feel the urge to expel air
from the nose involuntarily (sneeze), reduce speed and try to prevent it. If
you are unable to do so, stop your vehicle in a safe, legal and convenient
place and do not proceed until you have fully recovered.
Research & Statistics
According to research by Oblas Max Strength Cold and Flu Treatment,
more than two million drivers have reportedly crashed because they
sneezed behind the wheel.
1
Dr Pamela Georgeson Health 24 Allergy https;//www.health24.com
2
ACHOO Syndrome VOX https://www.vox.com
1One third of adults polled say driving is the worst time to sneeze, and 7pc
report causing a road accident due to sneezing. Another study by
Halfords’s Autocentres found the 9pc of Britain’s drivers admits to taking
their eyes of the road due to cold or flu symptoms. That translated to
2,500 accidents a week during the winter and nine deaths per day. That’s
because every time you sneeze on the road, you’re travelling at least 50
feet with your eyes closed. (That figure must surely increase significantly
with an increase in your speed and how long your sneeze or sneezing
attack lasts Ed.) Public safety and police officials suggest that drivers with
colds, flus or other conditions involving sneezing fits simply don’t drive.
If you’re in good health but feel a sneeze coming on, find a way to pull
over to the side of the road. P C Steve Rounds, of the Central Motorway
Police Group said in an interview:
“Sneezing can be very violent, causing the sufferer to close their
eyes temporarily, especially with a severe cold.” “Driving a car
with such symptoms would certainly be irresponsible and could be
held as an aggravating factor in an accident that led to death or
serious injury, laying the driver open to a charge of causing death
by dangerous driving” he added. ” 3
While the National Safety Council estimated in 2010 that 1.6 million car
accidents per year are caused by drivers using mobile phones or texting,
few such studies have investigated sneezing and its effect on road safety. 4
Common season allergy symptoms such as watery eyes, sneezing and
fatigue can significantly impair driving ability according to a study by
Allergy. Allergy symptoms effect on driving is comparable to having a
blood-alcohol concentration nearing impaired levels, according to
research. Allergy medications aren’t wholly effective at reducing the
symptoms. Effects of hay-fever have been linked to car accidents, but the
effects on driver’s performance aren’t known. 5
Suppressing a Sneeze
When you sneeze, 100,000 germs and mucous droplets fly out of your
nasal canal at approximately 100mph. So, it’s easy to understand why
many people try to muffle these annoying “Ahhh-choos” in public. If you
are about to sneeze – even if you are in a quiet place – doctors advise you
to “let it rip”.
3
The News Wheel. Is sneezing while driving dangerous? Studies blame nose for millions of car crashes.
thenewswheel.com
4
When sneezing kills. https://www.washingtonpost.com
5
Seasonal Allergy Symptoms can Significantly Impair Driving Ability. Wall St. Journal. Ann Lukits.
July 23 2014.
2A 34-year-old man in Britain learned that lesson the hard way and had to
spend two weeks in hospital due to his resulting injury. That’s according
to a case report with the cringe inducing title – “Snap, Crackle and Pop:
when sneezing leads to crackling in the neck”. When you block the air
escape route by pinching your nose or closing your mouth during a
sneeze, it forces the air into your ears. This pressurized air will travel back
through the ear’s Eustachian 6 tubes and into the middle ear where it could
cause damage, such as a ruptured eardrum. It could also lead to hearing
loss or prolonged dizziness. However, the risk of hearing loss is low. 7 The
report was published in the British Medical Journal Case Reports. 8
Wear Sunglasses
Most people sneeze three or four times a day. Sneezing can be caused by
abrupt exposure to light, a full stomach or a viral infection. When you
sneeze at home or at work, there are very few consequences. However,
people tend to forget about the danger of sneezing while driving – you
will really know how scary and fatal it can be until you’re in this situation.
Most people are aware of the dangers of texting and driving and drinking
and driving, but no one really focuses on the danger of sneezing and
driving. According to research by a car insurance company, two million
dangerous driving incidents on UK roads are caused by sneezing fits.
Since your eyes automatically close when you sneeze, it means that on
average you will lose control of your vehicle for about six seconds.
9
Although sneezing in an uncontrollable reaction, there are steps to take in
order to lower your chances of sneezing while driving. The first thing you
can do is wear sunglasses to limit exposure to light. This is a simple and
easy way to increase your safety on the road. In addition to light, pollen is
a main contributor to sneezing. If possible avoid driving early in the
morning, because that is when there is most pollen in the air. Similar to
pollen, the accumulation of dust in the air also causes people to sneeze. It
is essential to clean your car regularly and make sure there is a clean air
filter in your car’s ventilation system. It is recommended to change the air
filter every 12,000 to 15,000 miles or approximately once a year
according to experts. Although driving around with your pet in the car can
be fun, their coating can increase your chances of sneezing. Not only can
animals cause people to sneeze, but they can also be a huge distraction
and could lead to an accident.
6
Eustachian dysfunction or blockage can be caused by allergies, the common cold, sinus infections or
structural problems with the ear. Symptoms include popping, clicking, ringing, fullness or pain in the
ear. https://www.google.ie
7
University of Arkansas
8
Holding in a sneeze can be a literal pain in the neck. Paxton Media Group (PMG) 16 January 2018.
www.wpsdlocal6.com
9
The Dangers of Sneezing and Driving https://www.theodysseyonline.com
3Stopping a Sneeze
Unfortunately, there is no way to completely stop people from sneezing
while driving. However, it is important to be extremely cautious and leave
plenty of space between your vehicle and the car in front.10 It’s not
comfortable or technically healthy to supress a sneeze, but it is possible. If
you have very intense sneezes and think you could endanger yourself or
your passengers you could try the following techniques if you feel a
sneeze coming on.
Pinch your upper lip
Put your finger under your nose
Squeeze your nose
Grab the spot between your eyebrows
Flick your forehead
Anything beyond these techniques would probably be counterproductive,
as it can be equally distracting as sneezing. If all else fails, pull over to a
safe, convenient and legal place and stop until you recover. 11
Distraction
When you are sick and driving, you are distracted. In fact, an infamous
study in Great Britain showed that there were 2,500 more accidents each
week that was blamed on sneezing, reaching for a tissue and blowing the
nose. When people think of distracted driving, they assume texting and
talking. However, blowing your nose or dealing with your cold symptoms
are forms of distracted driving. A second British study found that a person
with a cold had a slower reaction time than those who consumed four
pints of beer. The cold reduces significantly response time by as much as
36 milliseconds however; consuming four pints of beer only slows
reaction times by 15 milliseconds. They also showed that all it takes is a
sneeze or a cough to take the driver’s attention off the road. 12
Case Law & Reports
Negligent, reckless and dangerous driving charges often follow collisions
where a person is seriously hurt. Drivers must be acting voluntarily to be
found guilty of driving offences. Being asleep, acting under duress (under
threat), or automatism (involuntary) are all possible defences to driving
charges – but what about a violent sneezing attack? A sneezing fit can last
several seconds which may be all it takes to cause a crash.
10
The Dangers of Sneezing and Driving. https://www.theodysseyonline
11
Sneezing and Driving is Scary: Here’s how to stay safe. Wgme.com
12
Is driving while sick considered negligence? Malman law.https://www.malmanlaw.com
4While your eyes won’t pop out if you sneeze too hard, we are all aware
that sneezing can come out of ‘nowhere’ and forces us to close our eyes
and lose focus. 13 Whether this could amount to a complete defence was
examined in the case of Ahadizad v Emerton (2002). The facts of the case
were as follows:
In Canberra in 1999, Toorage Ahadizad was driving his car when he felt
an irritation. Although he had a tickle, he didn’t know it would lead to a fit
of violent sneezing. A few moments later, he did suffer a second attack in
which he travelled over 100 metres, with his eyes shut for most of the
time. By the time the attack subsided, Toorage found himself on the
wrong side of the road and he tragically collided with an oncoming car
whose driver had impulsively switched lanes in an attempt to avoid the
collision. Toorage was charged with “driving in a dangerous manner”
and was found guilty. On appeal to the Supreme Court, his appeal failed
because it was held that he had still a “modicum of control” and was
capable of taking steps to counteract danger including applying the brakes,
which he failed to do so.
However, in the UK, Sgt. Major Harry Gurung’s case went the other way.
The 45-year-old was driving home and sneezed several times while
attempting to overtake another car. He tragically collided with an
oncoming vehicle, killing both occupants. During his trial the Sgt. Major
called the Director of Britain’s Common Cold Centre, Professor Ronald
Eccles to testify in court. The Professor gave evidence that “a typical
sneeze lasts for up to three seconds and both eyes always close during a
sneeze. If Mr Gurung sneezed four times he would have been distracted
for up to twelve seconds”. The testimony was crucial in securing an
acquittal for Mr Gurung with the Court finding that he could not
reasonably have taken steps to avoid the particular collision.
Although in different jurisdictions, the judges in both cases expressed the
view that a person who is partially incapacitated – through sneezing or
otherwise – can only escape liability if they take steps that are reasonably
available to them to avoid a collision. In the words of the Supreme Court:
“The sneezing attack is not absolute. Even during rapid and
severe sneezing one still has a modicum of control.
13
https://www.sydneycriminallawyers.com.au
5In the present case the degree of sneezing was such that it
was open to the Magistrates that the applicant could and
should have applied the footbrake”. 14
Take the case of the man blowing his nose. Michael Mancini found
himself stuck in a queue of traffic with a runny nose after sneezing and
instinctively reached for his handkerchief. This simple act of blowing his
nose earned him a £50 fine because he was “not in proper control of his
vehicle”. Because of his overzealous approach, policeman Stuart Gray aka
PC Shiny Buttons also handed out 3 penalty points, even though Michael
had applied his handbrake at the time. 15 Mancini failed to pay the fine and
said he was taking his case to court.
In June 2012, taxi driver Phillip Parker of Chatham, Kent was left in a
flood of tears after he was acquitted of causing death by careless driving at
Maidstone Crown Court. Mr Parker had smashed into Malkit Khatar’s
Vauxhall Vectra as he was driving home from work in the early hours of
New Year’s Day in 2011. Mr Khatar suffered serious spinal injuries in the
accident before dying two weeks later. Before the verdict, the prosecution
told the court that Parker was at fault and not driving to the “standard of a
careful and competent driver”. The Crown held that if he did have a
sneezing fit there was at least 30 seconds of visibility of the car in front
and plenty of time to brake and do something to avoid the rear-end
collision. 16
Then in an Australian case, Dianne Maree Jagla pleaded guilty to an
aggravated charge of driving without due care. The court held that while
returning from a holiday with her grandchildren and grandnephew on
December 2015, she veered on to the wrong side of the road of Yorke
Highway, near Port Clinton, on Yorke Peninsula. The court heard that
Jagla who was badly hurt in the crash, did not remember what happened
but one of her grandchildren reported hearing her sneeze moments before
the collision. Jagla’s lawyer asked the court to consider imposing the
minimum licence disqualification of six months, saying Jagla’s
employment at the Australian Bureau of Statistics required confidentiality
and she would not be able to have someone to drive her to jobs. 17
14
Sneezing: A Defence against Driving Charges? https://www. Sydneycriminallayrwers.com.au
15
The Telegraph – Crazy Driving laws. https://www.telegraph.co.uk
16
Taxi driver in fatal accident found not guilty after “sneezing fit” caused accident. carinsurancearrive
alive.co. za
17
Driver ‘sneezed’ before fatal car crash on Yorke Peninsula court hears. www.abc.net.au
6Following a crash on a motorway, lorry driver was cleared of careless
driving after blaming it on a sneezing fit. The driver was hit by a sneezing
attack “out of the blue” causing him to veer across a lane. His LGV took
out a line of traffic cones before crashing into a barrier along the side of
the motorway and smashing the cab window. Nobody was injured and no
other cars were involved in the incident. 18 According to the lorry drivers’
solicitor – Laura Newton – a motoring expert who handled the case, said:
“Sneezing falls under “automatism” rules and it’s the same as if
you’re unexpectedly blinded by sunlight or a bee enters your car
and causes you to thrash around”.
Sudden emergency defence can be legitimate under some circumstances
however; a lawyer faced with such a defence should always investigate to
make sure it is not a get-out-of-jail-free-card being played by the defence.
In March 2018, according to the Sun-Journal via WGME, sneezing caused
a truck driver to lose control, roll over and knock out the power to three
separate towns in Maine, New England USA. He slammed into a utility
pole and more than 2,000 homes in Raymond, Naples and Casco were left
without power for several hours because of the incident. The truck driver
did not sustain and serious injuries. 19
Conclusion
The purpose of sneezing is to clear unwanted irritants or germs from the
nose therefore, is a sneezing fit an attack without forewarning? There is
always time for the will - certain nerve cells in the brain - to note the
irritation and issue orders forbidding other parts of the brain from
triggering the sneeze reflex. However, as seen in some cases the court
found the “sneezer” was not at fault. The existence of negligence in cases
involving loss of control of a vehicle or other machinery depends on many
factors. The key however, appears to be whether a driver has any reason to
anticipate the occurrence of an episode of sneezing which renders it
impossible for him to control the vehicle. If the accident was preventable
with the application of reasonable care, negligence exists and the driver
can be held liable for the resulting injuries and damages. Although the law
varies as can be seen in the cases of Toorage Ahadizad and Major Gurung
above, it appears that in most cases the burden of establishing a sudden
sneezing fit defence is on the party asserting it.
18
The Sun Motors – Lorry driver avoids fine after claiming a sneezing fit caused him to lose control of
HGV in motorway crash. https://www.thesun.co.uk
19
wcyy.94.3.com
7In 2010 it was estimated that 1.6 million car accidents per year are caused
by drivers using mobile phones or texting however, few such studies have
investigated sneezing and its effect on road safety. 20 Common season
allergy symptoms such as watery eyes, sneezing and fatigue can
significantly impair driving ability according to studies. Allergy
symptoms effect on driving is comparable to having a blood-alcohol
concentration nearing impaired levels, according to research. Allergy
medications aren’t wholly effective at reducing the symptoms. Effects of
hay-fever have been linked to car accidents, but the effects on driver’s
performance aren’t known. 21 Finally, if you feel the urge sneeze, reduce
speed and try to prevent it. If you are unable to do so, stop your vehicle in
a safe, legal and convenient place and do not proceed until you have fully
recovered from your episode of sternutation.
20
When sneezing kills. https://www.washingtonpost.com
21
Seasonal Allergy Symptoms can Significantly Impair Driving Ability. Wall St. Journal. Ann Lukits.
July 23 2014.
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