Being involved in a car accident can be a traumatic experience, especially when the driver responsible was distracted. Here at Rosenthal Kooshoian & Lennon, LLP, we understand the impact such events can have on your life. This blog post aims to provide you with a comprehensive guide on what to do if you have been hit by a distracted driver, particularly in the vibrant city of Buffalo, New York.

What Is Distracted Driving?

Distracted driving is any activity that diverts attention from the primary task of driving. This can encompass a variety of dangerous behaviors that compromise a driver's focus and reaction time. In bustling cities like Buffalo, where the streets are crowded and full of potential hazards, understanding distracted driving is essential for safety.

Common Forms of Distraction

1. Texting and Phone Use: One of the most prevalent forms of distracted driving involves using a mobile phone. Whether it's texting, making calls, or checking social media, these activities significantly impair a driver’s ability to concentrate on the road.
2. Eating and Drinking: Many drivers engage in eating or drinking while driving, which can be manual distractions that divert attention from the road.
3. Adjusting Controls: Changing the radio, setting GPS directions, or adjusting climate controls can take a driver’s eyes off the road, even for a brief moment.
4. Passenger Interaction: Engaging with passengers can be a cognitive distraction, particularly if conversations become animated or if there are children in the backseat requiring attention.
5. External Distractions: Visual distractions, such as billboards or roadside events, can also divert a driver’s attention away from the task at hand.

The Risks of Distracted Driving

The consequences of distracted driving can be severe. National statistics indicate that distracted driving is a leading cause of car accidents, resulting in injuries and fatalities across the country. In urban environments like Buffalo, the potential for such incidents increases due to higher traffic density and the presence of pedestrians and cyclists.

Understanding what constitutes distracted driving can help individuals recognize the importance of maintaining focus on the road. By minimizing distractions, drivers can contribute to safer streets for everyone in the community.

Distracted Driving and Teens

Distracted driving is a significant concern, particularly among teenage drivers. As young individuals gain independence and experience behind the wheel, they often underestimate the risks associated with distractions. Understanding the factors contributing to distracted driving among teens and the measures to mitigate these risks is crucial for promoting safer driving habits.

Common Distractions for Teen Drivers

1. Mobile Phones: Texting and social media usage are among the leading distractions for teens. The urge to check messages or post updates can divert their attention from the road, increasing the risk of accidents.
2. Passengers: Teens are more likely to be influenced by their friends in the car. Engaging in conversations or activities with passengers can lead to distractions, making it harder to focus on driving.
3. In-Vehicle Technologies: Many vehicles come equipped with advanced infotainment systems. While these can enhance the driving experience, they can also serve as distractions if not used responsibly.
4. Eating and Drinking: Consuming food or beverages while driving can take a teen's hands and eyes off the road, leading to dangerous situations.

The Impact of Distracted Driving

Statistics indicate that distracted driving is a leading cause of accidents among teens. According to the Centers for Disease Control and Prevention (CDC), drivers aged 16-19 are more likely to be involved in fatal motor vehicle crashes than any other age group. This highlights the urgent need for education and awareness regarding the dangers of distracted driving.

Strategies for Parents and Guardians

To combat distracted driving among teens, parents and guardians can play a proactive role:

1. Open Communication: Discuss the dangers of distracted driving with your teen. Make sure they understand the potential consequences of their actions behind the wheel.
2. Set Rules: Establish clear rules regarding phone use and the number of passengers allowed in the car. Encourage them to keep their phone out of reach while driving.
3. Lead by Example: Model good driving behavior. Show your teen how to prioritize safety by avoiding distractions while you’re behind the wheel.
4. Encourage Safe Driving Programs: Look for local programs or workshops that focus on safe driving practices. Many organizations in Buffalo offer educational resources to help young drivers make responsible choices.

Distracted driving poses a serious risk to teen drivers in Buffalo and beyond. By understanding the common distractions and implementing strategies to mitigate risks, parents can help foster safer driving habits among their teens. Together, we can work towards reducing accidents and promoting a culture of responsible driving.

Consequences of Distracted Driving in New York

Distracted driving is a significant issue in New York, leading to severe consequences for drivers, passengers, and pedestrians alike. Understanding these repercussions can help emphasize the importance of safe driving practices.

Legal Penalties

1. Fines and Points: New York law imposes strict penalties for distracted driving. Drivers caught using handheld devices face fines ranging from $50 to $200, along with points on their driving record. Accumulating points can lead to increased insurance premiums and potential license suspension.
2. Increased Liability: If distracted driving results in an accident, the driver may face civil liability for damages. This can include medical expenses, property damage, and compensation for pain and suffering.

Criminal Charges

In cases where distracted driving leads to serious injury or death, the driver may face criminal charges. Depending on the circumstances, this could range from misdemeanors to felonies, resulting in significant legal repercussions, including potential jail time.

Insurance Consequences

Being involved in a distracted driving accident can lead to higher insurance premiums. Insurance companies often view distracted driving as a high-risk behavior, and your rates may increase following an accident or a citation.

Physical and Emotional Impact

1. Injuries: Distracted driving often results in severe injuries for those involved. Victims may face long-term medical issues, rehabilitation, and ongoing treatment.
2. Emotional Distress: The emotional toll of being involved in an accident can be significant. Victims may experience anxiety, depression, or post-traumatic stress disorder (PTSD), requiring counseling and support.

Impact on Families and Communities

The consequences of distracted driving extend beyond the individuals directly involved. Families may face financial strain due to medical bills, lost wages, and the emotional burden of recovery. Communities also bear the impact, as distracted driving contributes to increased accident rates and fatalities.

Immediate Steps to Take After a Distracted Driving Accident

Being involved in a car accident can be overwhelming, especially if distracted driving was a factor. Knowing the right steps to take immediately after the incident can help ensure your safety and protect your legal rights. Here’s a guide to the crucial actions you should take following an accident.

Stay Calm and Assess the Situation

The first step after an accident is to remain calm. Take a deep breath to collect your thoughts and assess the situation. Check yourself and any passengers for injuries. If everyone is safe, consider the next steps carefully.

Call Emergency Services

Regardless of the severity of the accident, it’s essential to call 911. In Buffalo, local law enforcement and emergency medical services will respond to the scene. They can help manage the situation, assist anyone who may be injured, and document the incident.

Move to a Safe Location

If it is safe to do so, move your vehicle to the side of the road to avoid further collisions. Turn on your hazard lights to alert other drivers. If your car is immobilized, stay inside with your seatbelt fastened until help arrives.

Gather Information

While waiting for emergency services, start gathering information from all parties involved. This includes:

• Names and Contact Information: Collect the names, addresses, and cell phone numbers of the other drivers and any witnesses.
• Insurance Details: Note the insurance companies and policy numbers of the other drivers.
• Vehicle Information: Record the make, model, and license plate numbers of all vehicles involved.

Document the Scene

Taking photographs of the accident scene can be invaluable for later claims or legal proceedings. Capture:

• The position of vehicles
• Damage to all vehicles
• Road conditions, including any signs or signals
• Any visible injuries

This documentation can provide essential evidence if you decide to pursue a claim later.

Seek Medical Attention

Even if you feel fine, it's crucial to seek medical attention after the accident. Some injuries may not be immediately apparent. Go to a local hospital or urgent care facility, such as Buffalo General Medical Center, for a thorough evaluation.

Keep Medical Records

Maintain detailed records of all medical visits, treatments, and prescriptions related to the accident. This documentation will be critical if you need to file a claim or seek compensation for your injuries.

Notify Your Insurance Company

Once you are safe and have sought medical attention, contact your insurance company to report the accident. Provide them with all the information you gathered at the scene. Be honest and thorough in your account of the incident, as this will help facilitate the claims process.

Consider Legal Representation

If you were hit by a distracted driver, it may be beneficial to consult with a car accident lawyer. They can help you understand your rights, navigate the claims process, and ensure that you receive fair compensation for your injuries.

By following these immediate steps after an accident, you can protect your health, safety, and legal rights. Remember, the actions you take in the moments following an accident can significantly impact your recovery and future.

Determining Fault in New York

In cases of distracted driving, determining liability can be complex and multifaceted. If you are involved in an accident where the other driver was texting or engaged in another distracting activity, they may be found at fault. However, establishing fault is not always straightforward. Several factors can influence the determination of liability:

1. Driver Behavior: Evidence of distracted driving, such as text messages or phone records, can help establish that the other driver was not paying attention when the accident occurred. Witness statements and police reports can also provide crucial insights.
2. Environmental Conditions: Weather conditions, such as rain or snow, can affect driving behavior and may be taken into account when determining fault. For instance, if the other driver was speeding in poor weather conditions, this could indicate negligence.
3. Road Maintenance: Poorly maintained roads or inadequate signage can contribute to accidents. If road conditions played a role in the accident, liability may shift to the city or county responsible for road maintenance.
4. Your Own Actions: Your conduct leading up to the accident will also be scrutinized. If you were speeding, driving under the influence, or otherwise violating traffic laws, this could impact the determination of liability.
5. Comparative Negligence: New York follows a comparative negligence rule, meaning that if both parties share some degree of fault, damages may be adjusted accordingly. For example, if you were found to be 20% at fault, your compensation could be reduced by that percentage.

New York’s No-Fault Insurance System

New York operates under a no-fault insurance system, which fundamentally changes how car accident claims are handled. Here’s how it works:

1. Immediate Coverage: Under this system, your own insurance company will cover your medical expenses and lost wages, regardless of who caused the accident. This means that even if the other driver was clearly distracted, you can still receive compensation for your injuries without having to prove fault.
2. Personal Injury Threshold: While no-fault insurance provides immediate relief, it’s essential to understand New York’s personal injury thresholds. If your physical injuries are deemed serious—such as significant disfigurement, fractures, or permanent limitations—you may have the right to step outside the no-fault system and pursue a lawsuit against the other driver.
3. Limitations on Claims: In a no-fault system, there are limitations on the types of damages you can claim. Typically, you cannot seek compensation for pain and suffering unless you meet the serious injury threshold. This makes it crucial to document your injuries and any long-term effects they may have on your life.
4. Legal Representation: Navigating the intricacies of New York’s no-fault system can be challenging. Consulting with a car accident lawyer can help ensure that you understand your rights and legal options, particularly if you are considering pursuing a lawsuit against the distracted driver.

Overall, understanding liability and New York’s no-fault insurance system is crucial for anyone involved in a car accident. Being informed about how these factors interact can significantly impact your recovery and compensation following an accident with a distracted driver.

When to Hire a Car Accident Lawyer

After a car accident, particularly involving a distracted driver, knowing when to seek legal help is essential. Here are key situations where hiring a car accident lawyer is advisable:

• Significant Injuries or Damages
  If you or your passengers sustained serious injuries—like fractures or head trauma—consulting a lawyer is crucial. They can help you navigate medical expenses and lost wages.
• Disputes Over Fault
  If liability is contested, a lawyer can gather evidence, such as witness statements and police reports, to establish fault and protect your interests.
• Complex Insurance Claims
  Navigating New York's no-fault insurance system can be tricky. If you face challenges with your insurance company—like claim delays or disputes—a lawyer can advocate for your rights.
• Pursuing a Lawsuit
  If your injuries meet the serious injury threshold and you wish to file a lawsuit, legal representation is essential for navigating the legal process effectively.
• Dealing with Multiple Parties
  In accidents involving multiple vehicles, a lawyer can help coordinate claims and ensure your interests are safeguarded amid complex negotiations.
• Emotional Distress and Pain
  If you're experiencing significant emotional distress or pain and suffering, a lawyer can assist in seeking compensation for these non-economic damages.
• Lack of Time and Resources
  If you're overwhelmed by the aftermath of the accident, a lawyer can manage communications with insurance companies and handle negotiations on your behalf.

Get the Support You Need

If you or a loved one has been affected by distracted driving incident, our experienced team is here to help. At Rosenthal Kooshoian & Lennon, LLP, we will advocate for your rights and ensure you receive the compensation you deserve. Contact us today to let us guide you through this challenging time.