Drivers in Buffalo aren't just texting anymore. They're watching full videos on their phones while moving through traffic on the 190, sitting at the light at Bailey Avenue and Delavan, or rolling through the Elmwood Village on a Tuesday afternoon. Not a glance. Watching. And the crashes that follow are every bit as serious as anything caused by a driver who looked down to send a text.
Here's what most people don't realize: New York law doesn't draw a meaningful distinction between texting and watching a video behind the wheel. Both are distracted driving. Both can form the basis of a personal injury claim when someone gets hurt. And both are far more common than the official numbers reflect, because crashes caused by video-watching drivers often get filed under generic inattention without anyone documenting what was actually on the screen.
April is Distracted Driving Awareness Month. This post breaks down what the data shows about this growing trend, what New York law means for people hurt by distracted drivers in the Buffalo area, and what a personal injury claim actually looks like when a driver chose a screen over the road.
Call us 24/7 at 716-854-1300 to speak with a personal injury lawyer near you, or contact us for a FREE consultation.
The numbers nationally say yes, and Buffalo is not a different story.
More than one in five U.S. drivers reported watching streaming video, making video calls, or scrolling social media on most or all of their trips, according to an Insurance Institute for Highway Safety survey. A separate survey of 1,600 drivers found that 19% admitted to watching YouTube specifically while driving. Mobile video streaming hours jumped 65% between 2018 and 2020. The National Highway Traffic Safety Administration defines distracted driving as any activity that pulls a driver's attention away from operating the vehicle. Streaming video on a cell phone while driving is a textbook example. Handheld cell phone use while driving rose 2% from 2024 to 2025, according to the Governors Highway Safety Association.
Buffalo's road network creates specific conditions where this becomes dangerous fast. Heavy commuter traffic on the 33 through Cheektowaga and into downtown, congestion on Transit Road in Amherst, and the dense stop-and-go patterns on Hertel Avenue and Delaware Avenue give drivers the false belief that slow speeds make phone use manageable. They don't. Cognitive distraction, visual distractions, and manual distractions hitting simultaneously eliminate reaction time regardless of how fast traffic is moving.
The drivers most likely to engage in these distracting activities are between 18 and 34. But distracted driving crashes in Erie County happen across all ages, all vehicle types, and every hour of the day.
Texting demands attention for a few seconds. Streaming video demands it for as long as the content plays and doesn't signal when to stop.
Safety researchers divide distraction into three types: visual distractions, manual distractions, and cognitive distraction. A text hits all three briefly. Streaming video hits all three and holds them. Eyes leave the road — that's a visual distraction. Hands shift or loosen on the wheel — that's a manual distraction. Cognitive distraction takes over the moment the brain stops tracking traffic and locks onto a screen instead.
When all three are active simultaneously, reaction time doesn't just slow down. It disappears.
At 55 miles per hour, a vehicle covers roughly 80 feet per second. A driver watching even a short clip travels the length of a football field without processing what's in front of them. On the 290 near Tonawanda, that's enough distance to miss a vehicle braking hard ahead. On Niagara Street approaching the river, that's enough to blow through a crosswalk without ever seeing the person stepping off the curb. On any street in South Buffalo or Black Rock, it's enough to cause a crash that changes someone's life permanently.
New York has some of the toughest handheld device laws in the country. Drivers are prohibited from holding or using a cell phone while operating a vehicle, and watching streaming video on a handheld device is a direct violation of that law.
When a driver violates that prohibition and causes a crash, it supports a finding of negligence. You don't have to argue that watching videos behind the wheel was dangerous or unreasonable. New York law reflects that conclusion already. What has to be established is the connection between the driver's cell phone use and the specific injuries suffered. That's where the evidentiary record becomes critical.
New York follows a pure comparative fault standard. An injured person's recovery is reduced by their share of fault rather than eliminated entirely. That's a fairer rule than what exists in some other states, but it doesn't make the process straightforward. Insurance companies are not on your side. They look for every opportunity to assign fault to the injured person and reduce what they have to pay. A recorded statement made in the days after a crash, before the evidence is fully developed, can be turned against you.
Speaking with a personal injury attorney in Buffalo before giving any recorded statement is one of the most important decisions you will make after a crash.
When a driver doesn't brake before impact, the collision carries its full force. These crashes tend to produce serious injuries because there is no corrective action, no reduction in speed, no attempt to avoid what's coming.
Western New York winters add another layer to this. Drivers watching video on icy stretches of the 90 near the Lackawanna toll barriers, or on snow-covered surface streets through Cheektowaga and Depew, face reduced stopping distances even when they are paying full attention. A distracted driver on winter roads in Erie County is a particularly dangerous combination.
New York personal injury law allows crash victims to pursue compensation for the full scope of losses caused by another driver's negligence.
Medical expenses form the core of most claims. Emergency transport, hospitalization, imaging, surgery, physical therapy, and any ongoing treatment tied to the crash are all recoverable. When the injury requires long-term care, projected future medical costs belong in the claim.
Lost income covers wages missed during recovery. If the injury affects earning capacity going forward, that future loss is part of the damages calculation too.
Pain and suffering accounts for the physical experience of the injury and its psychological weight. Anxiety, depression, disrupted sleep, and the loss of activities that were part of daily life before the crash are all compensable under New York law.
Property damage covers the vehicle and any other property destroyed in the collision.
When a distracted driver's decision to watch a video costs someone their life, New York's wrongful death statute gives surviving family members a path to hold that driver accountable.
New York's statute of limitations for personal injury claims is three years from the crash date. Claims against a government entity, a city vehicle or a NFTA Metro Bus, carry a much shorter deadline and require a notice of claim to be filed within 90 days. If a government vehicle was involved in any way, contact a personal injury attorney in Buffalo immediately.
Most drivers won't admit to it. They understand the exposure. That doesn't make the evidence disappear.
Phone records show when a device was active, which apps were open, and whether streaming video was playing at the moment of impact. A personal injury attorney in Buffalo can pursue those records through the legal process. Timing matters because carriers don't hold this data indefinitely.
Law enforcement agencies document crash scenes, and an officer's observations about cell phone position, driver statements, and pre-impact vehicle behavior become part of the official record. Surveillance cameras along Buffalo's commercial corridors, including Main Street, Elmwood Avenue, and Delaware Avenue, as well as traffic cameras maintained by the city and Erie County, frequently capture what happened in the seconds before a collision. That footage gets overwritten quickly. Sometimes within 48 to 72 hours.
Many newer vehicles include multimedia receivers and infotainment systems that log device usage. Platforms like Android Auto record connection data and active use during a trip. That data can be retrieved, but only with prompt legal action before it is overwritten or lost.
Witnesses who saw the phone in the driver's hand, or who noticed the vehicle failing to brake or drifting before impact, provide testimony that can anchor the entire case.
The decisions made in the first hours after a crash determine what's possible later. These steps matter.
Can I file a personal injury claim if a driver was watching streaming video when they hit me in Buffalo? Yes. Watching streaming video on a handheld cell phone while driving violates New York law. When that violation causes a crash and your injuries, it supports a personal injury claim.
What if the driver denies being on their phone? Denial doesn't erase the record. Phone data, multimedia receiver logs, Android Auto history, surveillance footage, and witness accounts can all establish what the driver was actually doing. A personal injury attorney in Buffalo can pursue those sources through the legal process.
How long do I have to file a distracted driving injury claim in Buffalo? Three years from the crash date for most claims. If a government vehicle was involved, the deadline is 90 days to file a notice of claim. Don't wait to determine which situation applies to your case.
What if the insurance company contacts me quickly with a settlement offer? Early offers almost always undervalue the claim. Before accepting anything or giving a recorded statement, speak with our personal injury attorneys in Buffalo.
What if I was partly at fault for the crash? New York's comparative fault rule reduces your recovery by your share of responsibility rather than eliminating it. A personal injury attorney in Buffalo can help establish what actually happened and protect your right to fair compensation.
Can a pedestrian or cyclist file a distracted driving claim in New York? Yes. Pedestrians and cyclists hurt by distracted drivers in Buffalo have the same right to pursue compensation as vehicle occupants, and often sustain more serious injuries. Our personal injury attorneys in Buffalo handle these cases regularly.
A driver chose their screen over the road. You're dealing with the consequences. Contact RK&L today to speak with our personal injury attorneys in Buffalo and find out what your case is worth.
Call us 24/7 at 716-854-1300 to speak with a personal injury lawyer near you, or contact us for a FREE consultation.
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