January 2024 - James Alexander Law

Distracted driving is a serious problem that plagues U.S. roadways. According to the National Highway Traffic Safety Administration (NHTSA), driver distraction claimed 3,522 lives in 2021 alone. At James Alexander Law, our distracted driving accident lawyers have served clients in central New York for more than 38 years. We believe it’s important for people to understand the serious risks that come with distracted driving. Knowing how it can impact your ability to operate a vehicle can help you stay safer on the road.What is Distracted Driving?Distracted driving is any activity that diverts a motorist’s attention away from the primary task of driving a vehicle. There are several types of driver distraction, including:Visual, which means the driver takes their eyes off the roadManual, such as taking your hands off the wheelMental, which diverts your mental focus from drivingDistracted driving is a dangerous behavior that significantly increases the risk of accidents, injuries, and fatalities on the road. If you’ve been hurt or have lost a loved one in an accident caused by someone who was driving distracted, it’s vital to seek the advice of a local personal injury attorney to find out if you may be entitled to damages.Types of Distracted Driving There are many different forms of distracted driving, but texting is the most dangerous, as it involves all three visual, manual, and cognitive distractions. Although it may not seem like a big deal to quickly read or send a text while driving, it takes your eyes off the road for five seconds. At 55 mph, it’s like driving the length of an entire football field with your eyes closed. Some other dangerous distracted driving behaviors include:Talking on the phone – Even if you use a hands-free device, using your phone while driving is distracting and can impact your ability to focus.Eating or drinking – Consuming food or beverages while driving also takes your attention away from the task of operating your vehicle.Using navigation systems – Putting in a destination or listening to GPS directions can divert your attention from the road. If you’re using GPS, always enter the address before you start driving.Adjusting controls – Changing a radio station, adjusting the heat/air conditioning, or using any controls in your car can be distracting.Grooming – Applying makeup, shaving, or fixing your hair while driving takes your eyes off the road and can result in serious accidents.Interacting with passengers – Engaging in conversation with a passenger, especially if it is heated, can be very distracting. Dealing with children or pets in the backseat is also a common cause of distracted driving accidents.Daydreaming – Staying alert and focused while driving is a must. If you allow your mind to wander, your attention may be taken off the road.Distracted Driving Laws in New YorkIn 2001, New York was the first state in the U.S. to ban hand-held cell phone use while driving. Further legislation was enacted to specifically prohibit texting while driving. New York’s distracted driving laws also broadly ban other uses of portable electronic devices while driving, such as using a smartphone to browse the internet, using social media, playing games, and taking photos. If you are caught texting and driving or using your cell phone in a prohibited manner, you may be subject to hefty fines and receive five driver violation points in New York.Although you are allowed to use your cell phone hands-free while driving, it’s important to keep in mind that talking on the phone can also be distracting and lead to accidents and serious injuries.How a Car Accident Lawyer Can Prove Distracted DrivingThere are several ways a distracted driving accident lawyer can show how a crash occurred. Cell phone records, witness statements, police reports, and surveillance footage are valuable pieces of evidence that can back up a claim of an accident being caused by a distracted driver. A New York car accident attorney may also employ accident reconstructionists and other expert witnesses to demonstrate that driving distractions caused a crash.Contact a Distracted Driving Accident Lawyer in Central New YorkAt James Alexander Law, our team has helped personal injury clients in central New York, Rochester, and the Southern Tier and North Country areas recover fair compensation after distracted driving accidents. To schedule a free case evaluation with a central New York distracted driving attorney, contact us online or call 1-800-529-1333. We offer two convenient locations in East Syracuse and Rochester, New York.

Month: January 2024

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