Distracted driving is one of the most serious safety issues on our roads today. Unfortunately, when a driver becomes distracted, devastating consequences can result. According to the National Highway Traffic Safety Administration, distracted drivers kill an average of eight people on U.S. roads each day and more than 3,000 every year. They injure hundreds of thousands more.
Distracted drivers may take their eyes or minds off the road or hands off the wheel to focus on something else, such as texting a friend, swatting a bee, applying makeup, or daydreaming. Such behavior can be hazardous. If you or a loved one has been injured by a distracted driver, a distracted driving accident lawyer can help you seek the compensation you deserve.
What is Distracted Driving?
At its core, distracted driving is any activity that diverts a person's attention away from the primary task of driving.
The National Highway Traffic Safety Administration (NHTSA) defines three main types of driving distraction:
- Visual: Taking your eyes off the road
- Manual: Taking your hands off the wheel
- Cognitive: Taking your mind off driving
- Texting or using a smartphone
- Eating and drinking
- Talking to passengers
- Grooming (applying makeup, shaving, etc.)
- Reading, including maps
- Using a navigation system
- Watching a video
- Adjusting the radio, CD player, or MP3 player
The Scope of the Problem
To understand just how pervasive and dangerous distracted driving has become, let's look at some key statistics:
- Distracted driving claims over 3,000 lives in the United States each year. (NHTSA).
- An estimated 2890,000 people were injured in crashes involving distracted drivers in a year (NHTSA).
- Text messaging creates a crash risk 23 times worse than driving while not distracted (Drivers Distraction In Commercial Vehicle Operations).
Here in New York State, the problem is equally concerning:
- According to preliminary data from the University at Albany’s Institute for Traffic Safety Management and Research (ITSMR), driver inattention/distraction contributed to 116 fatal crashes in 2023.
- "Driver Inattention/Distraction" was listed as a contributing factor in 11.9% of all fatalities in New York last year.
These statistics paint a clear picture of just how widespread and dangerous distracted driving has become. But beyond the numbers, each of these crashes represents real people whose lives have been forever altered by a preventable tragedy.
The Science Behind Distracted Driving
To fully grasp why distracted driving is so dangerous, it's helpful to understand how our brains process information while driving. Contrary to popular belief, the human brain struggles to effectively multitask when it comes to activities that require active attention and engagement.
When we drive, our brains constantly process information from our environment—road conditions, other vehicles, traffic signals, pedestrians, and more. This requires significant cognitive resources. When we introduce a distraction, like a phone conversation or text message, we force our brains to switch back and forth between two complex tasks.
This task-switching comes at a cost. It slows our reaction times, reduces our field of vision, and makes us more likely to miss important environmental cues. Even hands-free phone conversations have been shown to create a form of "inattentional blindness,"
Moreover, every time we switch our attention from driving to a distraction and back again, our brain is not fully focused on either task. These momentary lapses in attention can have dire consequences at highway speeds.
Distracted-driving laws in New York
The State of New York prohibits manually operating any mobile device while driving. Subject to some limited exceptions, New York law prohibits the use of cell phones for talking, texting, or any other purpose while driving a motor vehicle on public roadways.
Under New York law, using a cell phone includes “holding a mobile telephone to, or in the immediate proximity of, the user’s ear” while operating a motor vehicle. Thus, according to the law, it may be presumed that a motorist uses a cell phone even if it is not in physical contact with the ear.
According to the New York DMV, the penalties for using a cell phone while driving include fines ranging from $50 to $450, depending on the number of offenses, and up to five driver violation points.
According to the New York State Department of Motor Vehicles, junior and probationary drivers with a Class DJ or MJ driver’s license or learner’s permit who violate the cell phone law risk a 120-day permit or license suspension. A second offense within six months after the license or permit is restored may result in the license or permit being revoked for one year.
In addition, anyone who hurts someone on New York roads while driving distracted can be held civilly liable.
The Role of Technology
While technology, particularly smartphones, has undoubtedly contributed to the rise of distracted driving, it may also play a role in addressing the problem. Many newer vehicles come equipped with advanced driver assistance systems (ADAS) that can help mitigate the risks of momentary distractions
These might include:
- Lane departure warnings
- Forward collision alerts
- Automatic emergency braking
- Blind spot detection
Additionally, both Apple and Google have introduced "driving modes" for their smartphones that can automatically detect when a user is driving and limit notifications and functionality to reduce distractions.
However, while these technological solutions can help, they do not substitute for attentive driving. Over-reliance on such systems can lead to a false sense of security and decreased vigilance behind the wheel.
The Human Cost
While statistics and legal considerations are important, it's crucial to remember the very real human toll of distracted driving. As personal injury lawyers, the attorneys at William Mattar Law Offices have worked with countless individuals and families whose lives have been forever changed by distracted driving crashes.
We've seen young people left with permanent disabilities that alter the course of their entire lives. We've comforted parents who have lost children to senseless, preventable tragedies. We've helped hardworking individuals who suddenly find themselves unable to work and provide for their families due to injuries sustained in distracted driving crashes.
These stories serve as powerful reminders of why we all must do our part to combat distracted driving.
Looking for solutions
According to an article published in the Monitor of Psychology, a publication of the American Psychological Association, psychologists, neuroscientists, and other specialists are looking for ways to make highways safer from distracted drivers. Some of that research has revealed previously little-considered distractions.
For example, research published in the Journal of Occupational Health Psychology found that you may not pay enough attention to the road if you think about work too much.
Stress can directly impact driving. Cognitively distracted driving is when a wandering mind takes your attention away from the road. It’s one of the three categories of distracted driving.
By the same token, psychologists across the country worry about partially automated cars that disengage drivers from vehicle operation. One of the ways to prevent distracted driving is to educate young drivers about the dangers of using their smartphones while driving. School programs can emphasize safe driving, and parents can help young drivers develop good driving habits, such as turning off their smartphones when they turn their engines on.
William Mattar Law Offices holds a Drive Distracted, Lives Impacted program each year to educate teens about the dangers of distracted driving.
Parents can also insist that their teen drivers install special smartphone apps that turn phones off when they are in a vehicle. Tools like this have the potential to decrease the number of smartphone-based accidents.
Distracted driving statistics show that distracted driving accounts for one in six deadly vehicle accidents. Drivers who text are 23 times more likely to cause an accident, and those who use cell phones are roughly 30 percent more likely to be involved.
What to Do After a Distracted Driver Injures You
If you've been involved in an accident caused by a distracted driver, to protect your health, safety, and legal rights:
Ensure Safety and Seek Medical Attention
The aftermath of a car accident can be chaotic. While there is no one-size-fits-all answer as to what someone should do after a crash, there are a few things that may be worth considering.
First and foremost, check yourself and your passengers for injuries. If anyone is hurt, call 911 immediately. Even if injuries seem minor, it is generally a good idea to get a medical evaluation as soon as possible. Some injuries may not be immediately apparent, and prompt medical attention can create a record of your injuries.
Contact Law Enforcement
Call the police to report the accident. When they arrive, provide an accurate account of what happened. If you suspect the other driver was distracted, mention this to the officer. However, avoid making accusations or engaging in arguments at the scene.
Document the Scene
If it's safe and possible, take photos of the accident scene, including vehicle damage, skid marks, traffic signs, and weather conditions. Also, gather contact information from any witnesses.
Collect Information
Exchange insurance and contact information with the other driver(s) involved. Be sure to get their name, phone number, address, insurance company, and policy number.
Report the Accident to Your Insurance Company
Notify your insurance company about the accident as soon as possible. Insurance policies have strict notice deadlines, and failure to timely report the accident could pose issues down the line.
Preserve Evidence
Keep all documents related to the accident, including medical bills, repair estimates, and any correspondence with insurance companies. If you suspect the other driver was texting or using a phone, your attorney may be able to demand subpoena phone records as evidence.
Be Wary of Quick Settlement Offers
Insurance companies may try to offer a quick settlement. Be cautious about accepting these offers without understanding the full extent of your injuries and damages.
Consult with a Personal Injury Attorney
Perhaps most importantly, contact an experienced personal injury attorney like those at William Mattar Law Offices. A knowledgeable lawyer can:
- Evaluate your case and explain your legal rights
- Handle communications with insurance companies
- Gather and preserve crucial evidence
- Calculate the full extent of your damages, including future medical costs and lost wages that are not covered by no-fault insurance
- Negotiate with insurance companies on your behalf
- File a lawsuit and represent you in court if necessary
At William Mattar Law Offices, we understand the complexities of distracted driving cases. We have the experience and resources to thoroughly investigate your accident, potentially uncovering evidence of distraction that might not be immediately apparent.
Hurt by a distracted driver? Call William Mattar Law Offices
Distracted driving is a serious problem that affects all of us, whether we're behind the wheel, riding as a passenger, or simply sharing the road as a pedestrian or cyclist. While advances in technology and stricter laws have a role in addressing this issue, ultimately, the most powerful solution lies in each individual driver making a conscious choice to prioritize safety over convenience or entertainment.
At William Mattar Law Offices, we're committed to not only helping those who have been injured by distracted drivers but also to promoting awareness and prevention of distracted driving. We believe that by working together, we can create a culture of attentive, responsible driving that will make our roads safer for everyone.
If you were injured in a crash involving a distracted driver, don't hesitate to contact the experienced team at William Mattar Law Offices. We're here to help you understand your rights and fight for the compensation you deserve. Call our experienced personal injury attorney attorneys today at (716) 444-4444 or fill out our online form for a free initial consultation.