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Don’t Ignore Distracted Driving if a Negligent Car Driver Injured You in New York

Apr 26, 2020 | Car Accidents, Personal Injury

Distracted car drivers cause over a thousand injuries each day on an average in the United States. There have been approximately 400,000 instances of distracted driving per year since 2015 that have resulted in injuries. The National Highway Traffic Safety Administration released a report, according to which 20% of all car accidents are the direct result of distracted driving.

Distracted driving involves all actions that take away a car driver’s attention from the road. These drivers significantly increase the risk of car accidents and injuries while focusing on non-driving activities.

Statistics Regarding Distracted Driving

Distracted driving has been around ever since automobiles have been on the roads. Drivers have always felt tempted to adopt novel ways of combating the sheer boredom or monotony associated with driving. Complacency can easily set in when any length of time is spent sitting in the driver’s seat.

The danger begins when people grow increasingly comfortable on the driver’s seat. This is when they tend to succumb to diversions. But, distracted or negligent driving is not acceptable as a cure for road boredom.

These are a few shocking figures regarding distracted driving in the United States:

  • About 8 deaths happen in the US every day as a direct result of distracted driving
  • 1,161 people get injured daily in the US because of distracted driving
  • 70% teens report they have used cell phones while driving
  • 60% vehicle crashes involving teens are because of distracted driving
  • 50% adults have admitted to using their cell phone for checking texts or taking a call while driving

The chances of being involved in an automobile crash on a busy street increase by almost 6 times when just one driver uses their cell phone to send a text.

Driving Accidents Due to Texting

Driving Accidents Due to Texting

New York has taken strict actions to curb calls and the use of cell phones for drivers while in control of their cars. Unfortunately, there are many out there who cannot resist the urge to take calls and text while driving. Distracted drivers are exponentially more likely to directly cause a crash or an accident. It can prove to be deadly to even momentarily take your eyes off the road.

Distracted drivers should be legally held liable for the damages and injuries they cause, especially if it was because of the use of a phone.

It can be difficult or impossible to be aware of the other driver’s actions at the time of an accident. This makes it vital to hire experienced distracted driving accident attorneys at Rosenberg, Minc, Falkoff & Wolff, LLP to thoroughly investigate these claims.

Actions Considered Illegal under the New York State Law

  • Taking a call unless using a hands-free device
  • Fielding a text message or texting while driving
  • Playing games on a hand-held device
  • Browsing the Internet

New York State has increased monetary penalties and tried charging points on driver’s license of an offender when caught using their cell phones behind the wheel. However, the penalties have not helped in curbing this dangerous behavior so far.

Other Types of Distracted Driving

Instances of distracted driving can be placed in two categories. These are:

  1. The ones involving a mobile device or a cell phone
  2. Other traditional ways of distracted driving

Distracted Driving Involving Cell Phones

  • Checking traffic or the weather
  • Talking on the phone
  • Dialing phone numbers
  • Reading or sending email
  • Posting on social media platforms, including Facebook, Twitter, Snapchat, and Instagram
  • Navigating with a GPS program
  • Surfing the web
  • Playing games
  • Searching for playlists or songs on any music player, including iPod
  • Watching videos on YouTube or another platform
  • Taking pictures
  • Browsing a photo library
  • Recording or live-streaming video or audio
  • Online shopping (ecommerce)
  • Reading eBooks

Distracted Driving Other than Cell Phone Use

  • Operating in-car TV system
  • Operating interior lights
  • Talking to passengers
  • Rubbernecking, like reading billboards
  • Attending to children in the backseat
  • Reading books or writing
  • Eating or drinking, including nonalcoholic beverages
  • Playing music or adjusting the radio
  • Looking at self in car mirrors
  • Grooming or adjusting hair, makeup, etc.
  • Studying a map
  • Removing garments or changing clothes while driving
  • Using an external GPS console
  • Reaching for something that you accidentally dropped while driving
  • Reaching for something in another seat

These are just the tip of the iceberg related to irresponsible or distracted driving in New York. You should get in touch with a New York distracted driving lawyer as soon as possible if you have been injured in a collision as a result of distracted driving. The seasoned attorneys at Rosenberg, Minc, Falkoff & Wolff, LLP try their best to win maximum compensation for all our clients.

How is Negligence Proved in a Distracted Driving Lawsuit?

Drivers that are inattentive to the task at hand (driving, shifting gears, pressing the brake) or the surroundings in general are said to be negligent. Drivers that fail to pay attention to the road and other nearby vehicles are also called negligent. Call the top rated lawyers at Rosenberg, Minc, Falkoff & Wolff, LLP in New York if you believe that you are the victim of road negligence.

Our attorneys will prove distracted driving or negligence of the at-fault party by showing that:

  • The defendant (driver) had a duty to keep their hands on the wheel, mind on the task of driving, and eyes on the road while operating the motor vehicle
  • The defendant directly breached this duty of care when they became distracted (eating, texting, looking in the mirror, catering to a child in the backseat, etc.)
  • The distracted driving of the defendant was the proximate cause of the automobile accident
  • You (plaintiff) suffered severe damages in the form of physical injury as described under New York State Law, which usually includes broken bones or an injury requiring surgery, and missing at least 3 months of work as a direct result of the accident

Negligence per se is applicable in certain cases. In such situations, the court infers negligence when the plaintiff is successful in showing that the defendant grossly violated a safety statute.

New York Laws Regarding Distracted Driving

Distracted Driving

Distracted driving places everyone at danger, including motorists, pedestrians, and passengers. This is the reason why most major and dangerous distractions are considered off-limits in New York. It is illegal under state law to use a portable electronic device or a hand-held mobile telephone while driving.

Activities include composing text messages, reading texts, talking on the phone, taking or viewing images, and/or playing games among other things. The only exception to this rule is if a motorist needs to make an emergency call to the police, 911, fire department, or the emergency medical professionals.

Violations of New York’s distracted driving law attract a ticket and a fine ranging from $50 to $450.Motorists will also have five points on their driver’s license. Probationary drivers or teens caught breaking this cell phone law will stand to lose their driving privileges for a period of 120 days. Second or subsequent offences can result in the loss of driver’s license for up to a year.

How to Recover Compensation after Being Injured Due to Distracted Driving in NYC?

Anyone operating an automobile or a motor vehicle in New York City by default assumes a certain degree of responsibility to others. Motorists are required to use a level of reasonable care and caution while driving to minimize the likelihood of risk and harm caused.

Distracted driving is considered a breach of this duty of trust and care. In fact, this is what you will use while arguing if you were the victim of a distracted driver in New York City. You may be entitled to recovery of damages if you were hurt in an accident on the grounds that the other driver or someone else acted negligently.

Negligence takes place when a person breaches this duty and responsibility of care owed to fellow motorists, passengers, pedestrians, and others on the road. You can place yourself in a position where you get to recover a financial reward if you establish a degree of negligence and prove breach of duty by at-fault parties.

We Have Won Over $1 Billion for Injured New Yorkers

You are probably suffering through an ordeal and dealing with massive amounts of pain if you have recently been injured in an accident. The medical bills may also be rising relentlessly. You are probably paying for other things as well, including missing precious time with your friends and family, losing time off work, and having to pay for housekeeping, childcare and transportation.

Under New York Law, everyone is supposed to have Personal Injury Protection (PIP). But, you know that your insurance will barely cover your medical bills and lost wages, much less emotional distress, and pain and suffering.

You need the expertise of a qualified and knowledgeable New York City distracted driving attorney. The lawyers at Rosenberg, Minc, Falkoff & Wolff, LLP have decades of experience recovering compensation from negligent and distracted drivers on New York roads. We have secured more than $1 billion as compensation for our clients over the years.

You don’t have to pay us anything unless we can recover compensation for you. Schedule an appointment with a friendly and reliable attorney today by calling at (212) 697-9280 or using our online form.