In the majority of states, legislation exists that strictly prohibits drivers from engaging in texting activities while operating a vehicle.
When it comes to talking on your phone, 24
states currently ban the use of all handheld devices while driving, and this
crackdown on cell phone use is in response to the growing number of distracted
driving accidents. Cell phones are considered one of the primary distractions
for drivers.
So, how common are distracted driving
accidents? In 2020, the nation reported 3,142 fatalities annually in distracted driving accidents.
In New York, 12% of automobile crashes with fatalities were caused by a
distracted driver.
While these statistics are alarming it also
doesn’t mean you’re destined to be involved in an accident with a distracted
driver. However, if you are in a distracted driving accident there are some
steps you should take to help protect your legal rights.
The Dangers of Distracted Driving
Driver inattention is a common cause of
vehicle accidents. All it takes is a second of inattention for an accident to
occur. Safe driving requires visual, cognitive, and physical alertness. This
means keeping your mind on driving, your eyes on the road, and your hands on
the steering wheel.
While cell phones are frequently blamed for
distracted driving accidents, and for a good reason, they’re not the only
things that can take drivers’ attention off the road. Some other common
distractions drivers can face are:
●
Passenger distractions
●
Taking care of children and pets
●
Eating while driving
●
Grooming such as applying makeup,
combing hair, and even using a cordless shaver
●
Playing the radio too loud
●
Adjusting the controls in the
vehicle like the radio, heater, air conditioner, or GPS for example
According to the New York State Police, over
87,000 car crashes reported in 2018 were caused by distracted driving. NY State
Police also issued over 2,000 tickets for driver inattention
during the first week of April in 2023.
So, what is the penalty for a distracted driving offense
involving cell phone use in New York? Fines for your first offense typically
range from $50 to $200 and you also get one point on your driver’s license.
Fines typically increase for second, third,
and subsequent offenses, along with the number of points tacked onto your
license. If you receive 11 points within 18 months, your driver’s license is
temporarily suspended.
Steps to Take If You Suspect
Distracted Driving
If you suspect someone of distracted driving,
there are a few things you should and shouldn’t do. You don’t want to confront
the driver. This applies whether or not an accident occurred. Making an
accusation can get emotions running high. The last thing you want is to be
involved in an altercation with another driver.
Instead, you should contact the authorities.
If the driver’s inattention results in an accident, dial 9-1-1 to report the
collision. While you’re on the phone with the emergency operator, be sure to
mention you suspect distracted driving as a primary cause of the accident.
If you simply notice another vehicle going by
and the driver is paying attention to something other than the road, you can
contact the state’s non-emergency line at 3-1-1.
Don’t worry about staying close to the
distracted driver after reporting their suspected behavior. Just provide the
operator with the vehicle's make, model, color, and license plate number.
You’ll also need to state your location and the direction the other driver is
traveling.
How to Prove Distracted Driving
After an Accident
Proving distracted driving isn’t exactly a
piece of cake. However, it’s something you must do if you’re planning on filing
an accident claim. Part of the claim process is listing the cause of the
accident, and proving negligence
So, how do you prove the at-fault driver’s
attention was not on the road? Witness testimony can help provide supporting
evidence. For example, maybe a witness saw the at-fault driver using their cell
phone seconds before the accident occurred. If the collision happens at an
intersection, you may be able to take advantage of traffic camera footage.
Depending on the camera’s angle, it may show
the driver before and during the crash. This can also apply to security cameras
in businesses and even in residences. Don’t forget about doorbell cams. You may
be surprised at what a doorbell camera picks up.
You may also need to subpoena the at-fault
driver’s cell phone records. Yes, this can feel a little like an invasion of
their privacy, but it may be a necessary step toward proving your accident
claim. The only downside is the time it can take to receive the subpoena and
for the cellular company to respond.
In other words, don’t expect to receive the
requested data in a day or two. Sometimes, it can take a few months for the
cell phone service provider to respond to your subpoena.
Along with cell phone records that can show
the device was in use at the time of the accident, you may also need to
subpoena the data stored in the vehicle’s onboard computer. Most modern cars,
trucks, and SUVs come standard with computer systems that record and store a
ton of vital information.
Some of the information you can get from a
vehicle's computer includes its speed at the time of the accident. You may also
be able to get a clearer picture of the at-fault driver’s behavior. For
example, if the vehicle was swerving in the lane or failed to stop at traffic
lights.
Don’t forget about your official accident
report: you can usually pick it up about ten days after the accident. Your
report contains a lot of vital information that can help support your
distracted driving claim.
Contact an Attorney About Your
Distracted Driving Accident
If you’re involved in an accident with a
distracted driver, proving your claim can be tricky. Even obtaining a subpoena
is nearly impossible without assistance from an attorney.
To ensure you're prepared to negotiate with
the at-fault driver's insurance company or take your case to civil court, it's
essential to have a skilled accident attorney working on your distracted
driving accident claim. With an experienced attorney by your side, you can
confidently pursue the compensation you deserve.
