Syracuse, New York, Distracted Driving Car Accidents

Even though most Americans recognize that driving requires their utmost attention and care, getting behind the wheel is such an integral part of everyday life that it can feel more like a routine than a high-risk undertaking—sometimes to the point that otherwise experienced motorists lose sight of common sense, prioritizing a text message or missing phone cable over their safety.

Distracted driving is a problem that has long since reached epidemic proportions. According to the New York State Police, it is likely the leading cause of motor vehicle collisions throughout the Syracuse region. Accidents are anything but uncommon, often leaving survivors struggling to come to terms with life-altering injuries and unprecedented financial hardship.

The Dietrich Law Firm P.C. believes that nobody should be forced to pay the price for a distracted driving accident that was not their fault. Since our firm’s founding in 2005, we have helped our clients secure more than $175 million in damages. We could help you too. Please message us online or call us at 1-866-529-5334 to speak to a Syracuse, New York personal injury lawyer and schedule your free consultation as soon as possible.

Assessing the Dangers of Distracted Driving

Distracted driving can be defined as any activity that takes a motorist’s attention away from the road. According to the Centers for Disease Control and Prevention, the three main types of distraction include the following:

1. Visual Distraction: A visual distraction takes a driver’s eyes off the road. Examples of visual distractions are; looking at a text message or turning around to speak to a passenger in the back seat.
2. Manual Distraction: A manual distraction is a distraction that takes a driver’s hands off the steering wheel. Examples of manual distractions could include the use of an infotainment system or eating while driving.
3. Cognitive Distraction: A cognitive distraction takes a motorist’s mind off driving. Examples of cognitive distractions could include thinking about an impending work meeting or putting more energy into staying awake than safely operating a motor vehicle.

Some activities combine elements of all three types of distractions. Sending a text message, for instance, could take a driver’s eyes, hands, and attention away from the way road, increasing their chances of either causing or being involved in an accident.

Although few motorists approve of distracted driving, many readily admit to engaging in activities that they find dangerous. In a recently published report analyzing cell phone use among young adults, the National Highway Traffic Safety Administration found the following:

1. An estimated 68% of all drivers between the ages of 18 and 20 are willing to answer phone calls on some, most, or all driving trips;
2. Motorists of all ages—and more than 60% of drivers under the age of 35—believe that talking on the phone while driving does not affect traffic safety; and
3. Motorists of all ages—and between 27% and 29% of drivers ages 21 to 34—believe texting while driving does not affect traffic safety.

Even if distracted driving appears common among American adults of all ages, up to 96% of motorists believe that certain types of distracted driving pose a serious threat to their safety—and for good reason. Each year, about 3,000 people die in crashes involving a distracted driver, with another 424,000 suffering from serious and potentially life-altering injuries.

New York Laws on Distracted Driving

New York was the first state in the nation to pass legislation prohibiting the use of cell phones behind the wheel. These laws include, but are not limited to, the following:

1. New York VTL 1225-C: Section 1225-C of the New York Vehicle & Traffic Law forbids motorists from making and receiving phone calls while driving.
2. New York VTL 1225-D: Section 1225-D of the New York Vehicle & Traffic Law forbids motorists from using any portable electronic device while driving.

Although the Empire State pioneered prohibitions on the use of mobile phones and other electronic devices behind the wheel, New York nonetheless appears to report distracted driving-related collisions at a higher rate than most other states. According to a recent review of traffic accident data, up to 12% of all fatal crashes in New York involve a distracted driver or drivers.

Furthermore, while New York’s Vehicle & Traffic Law defines statutory restrictions on how and when motorists may use cell phones and portal electronic devices, it does not have any legislation that specifically addresses other forms of distracted driving. In many cases, distractions go unnoticed, coming to the fore only after a driver causes an accident and admits fault.

However, many distracted driving accidents have uncertain outcomes. If an at-fault motorist refuses to admit wrongdoing, they may never face charges or be ordered to compensate their victim’s losses. Without compelling evidence, some survivors might feel they have no choice but to bear the burdens of recovery alone, hoping that whatever benefits their insurance company offers are enough to pay down the costs of medical care.

You do not have to accept financial hardship after an accident. If you, or a loved one, have been injured in a distracted driving collision that was not your fault, the Dietrich Law Firm P.C. could help you investigate the causes of your crash, uncovering the evidence needed to establish fault and hold a negligent driver liable for their misconduct. Please call us at 1-866-529-5334 to speak to an attorney and begin exploring your options for effective legal relief.

Establishing Fault After a Syracuse Distracted Driving Car Crash

In New York, car accident victims have a legal right to file a claim for compensation against the person, or party, who caused their injuries.

However, filing a personal injury lawsuit is not an easy undertaking. Even if you have a seemingly open-and-close case, you must still be able to establish the following:

1. The at-fault driver owed you a duty of care;
2. The at-fault driver breached their duty of care by acting negligently;
3. The at-fault driver’s negligence caused your injuries; and
4. You sustained serious injuries and other damages compensable by a court of law.

While you might have seen the at-fault driver sending a text message, talking on the phone, or putting on makeup in rush-hour traffic, your observations alone cannot be used to prove negligence—especially if the other motorist contests your narrative, or suggests that your own mistakes either caused or contributed to the crash. Without any compelling evidence, your case could be dismissed without further consideration.

The Dietrich Law Firm P.C.’s experienced team of car crash lawyers could help you obtain the evidence needed to negotiate a settlement or secure a court-ordered award by taking steps including, but not limited to the following:

1. Investigating the causes and circumstances of your accident;
2. Subpoenaing the at-fault driver’s call logs, text history, and other electronic information to determine whether they were likely distracted at the time of the collision;
3. Interviewing eyewitnesses and bystanders to provide a compelling narrative and highlight any inconsistencies in the at-fault driver’s claims;
4. Consulting a range of experts to assess your long-term needs, calculate your economic losses, or reconstruct an accident site; and
5. Representing your best interests in insurance negotiations and court, refusing to settle for anything less than a fair recovery.

A recognized U.S. News & World Report Best Law Firm, we know what it takes to ascertain justice and we have the results to prove it. Please send us a message online or call us at 1-866-529-5334 to speak to a distracted driving car accident lawyer near Syracuse and schedule your free, no-obligation consultation.

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Call the Dietrich Law Firm P.C. immediately at 866-529-5334 so that our aggressive, tenacious, and hardworking personal injury lawyers can fight to obtain the best result for your personal injury claim in Syracuse, New York. We are available 24 hours a day, 7 days a week, and there is never a fee until we WIN for you!

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