According to the New York Department of Motor Vehicles, in 2024, driver inattention and distraction was a contributing factor in 49,550 crashes. Of these, 105 resulted in fatalities. Whether a driver is texting, eating, drinking, or reaching to answer their phone while driving, the consequences can be life-altering. Fortunately, depending on the circumstances of the accident, victims are often eligible to recover compensation for their losses.
For help filing a claim, call a distracted driving accident lawyer in New York at Buttafuoco & Associates at 1-800-NOW-HURT.
What Is Distracted Driving?
Distracted driving occurs whenever a motorist takes their attention away from the task of driving, even for a few seconds. These lapses can be:
- Visual: Looking away from the road
- Manual: Taking hands off the wheel
- Cognitive: Letting your mind wander
Types of Distracted Driving
According to the National Highway Traffic Safety Administration, since 2019, between 12 and 14 percent of all fatal crashes involved drivers using cell phones at the time of the accident. But while texting and driving is the most commonly identified type of distracted driving, it is not the only problem. Other common distractions that result in accidents include:
- Eating or drinking
- Adjusting in-cabin controls
- Daydreaming
- Talking to passengers
- Reaching for objects in the car
- Personal grooming
- Lack of sleep/fatigue
New York laws prohibit certain types of distracted driving. New York State Vehicle and Traffic Law (VTL) § 1225-c prohibits the use of mobile telephones to engage in a call while in control of a motor vehicle. Section 1225-d prohibits using a device with a data plan to send and receive messages or view content.
While many people believe that distracted driving only involves using mobile devices, under VTL § 1226, the driver of a motor vehicle must keep at least one hand on the steering wheel at all times while the vehicle is in motion. Many of the distractions on the list above require the driver to take both hands off the wheel and therefore are violations of New York law.
Depending on the circumstances, fatigued driving may also qualify as distracted driving because the operator is not able to focus completely on driving. As the victim, even if you are unsure whether your case meets the criteria for distracted driving liability, get in touch with Buttafuoco & Associates to learn more about your rights.
Proving Driver Distraction after an Accident
Proving a driver was distracted at the time of an accident involves more than a statement from the victim: it often requires collaboration with the police, investigators, and New York distracted driving lawyers. The victim must present evidence and reasoning that clearly shows the driver’s distraction was the cause of the accident. This evidence may come in the form of witness statements, phone records, or police reports. It can be helpful to take the following steps after an accident and then contact an attorney.
In cases of drivers distracted by cell phones or electronic devices, obtaining the evidence to support your accusation can be difficult to do alone. The average person cannot request another person’s phone records or seize and search a phone. It takes a police official or legal professional with the proper authorization to perform such evidence gathering, so working with an attorney is often essential to proving your case.
Establishing Negligence in an Distracted Driving Accident
Under New York’s no-fault insurance law, before suing another driver you must first establish that your injuries are serious. New York’s definition of a serious injury is very specific:
Under Article 51 of the New York State Insurance Law, a serious injury is defined as either an injury whose economic losses for medical bills and lost wages total over $50,000, or one of the following injuries:
- Death
- Dismemberment
- Fractures
- Loss of fetus
- Permanent loss of organ function or systems
- Permanent limited use of an organ
- A non-permanent injury that prevents the injured party from performing their usual activities for 90 out of an 180 day period after the accident.
If you are able to demonstrate that your injuries are serious, you then need to establish that the driver was negligent (acted carelessly) and that this negligence caused your accident and injuries.
Per New York law, all drivers must operate their vehicle in a safe and responsible manner. Through witness statements, photos of the accident site, and police reports, you can prove the driver violated his duty of care to maintain control of his vehicle and drive in a safe manner.
If the police report cites the driver for cell phone use or use of a portable electronic device, that information can help you prove the driver was liable for causing the accident. Even if the police report contains no citations for distracted driving, if another person witnessed the accident, you can use their testimony as evidence.
Seeking Damages in a Distracted Driving Accident
Distracted driving can result in serious injury or death, and negligent drivers deserve to be held accountable, but recovering fair compensation can be challenging. After this type of accident, you may be able to receive compensation for medical bills, ongoing therapy, pain and suffering, lost time from work, and more.
The car accident attorneys at Buttafuoco & Associates will fight for your rights if your injuries are due to another party’s carelessness so you can focus on recovering.
If your insurance does not cover all of your damages or you suffered the loss of a loved one, call Buttafuoco & Associates at 1-800-NOW-HURT.