Albany Distracted Driving Accident Lawyer

Texting & Other Forms of Distracted Driving

Distracted driving is one of the most pervasive problems on our roads today. According to the National Highway Traffic Safety Administration (NHTSA), a shocking 3,142 people died in 2019 due to distracted driving. Although most drivers recognize the dangers of using a cell phone, texting, and engaging in other distractions behind the wheel, millions of Americans continue to drive distracted every single day.

At Basch & Keegan LLP, we fight to hold negligent motorists accountable. With more than a century of combined legal experience, our Albany distracted driving accident attorneys are ready to fight for the fair compensation you are owed. If you or someone you love was injured by a distracted driver, reach out to our firm today to learn how we can help you get back on your feet.

Contact us online or call (845) 251-4545 to schedule a no-cost, no-obligation consultation.

Is It Illegal to Use a Cell Phone While Driving in New York?

In New York, drivers are prohibited from using cell phones and other handheld devices to talk or text when operating motor vehicles. By the state’s definition, “texting” includes sending or receiving any form of text-based communication, such as text messages, instant messages, emails, and social media posts. The law also bans taking, viewing, or transmitting images, including video, while driving.

New York’s texting and driving ban extends to any time a driver is considered to be in control of or reasonably have control of a motor vehicle. This means when the vehicle is in motion, as well as when it is stopped at red lights or stop signs.

There are some exceptions to the cell phone ban, including using cell phones to call 911 or another non-emergency police line in emergencies. Drivers are also allowed to use GPS devices and computer systems, including music systems, as long as they are hands-free. This includes those systems that are built into a vehicle’s operating system.

What Are the Four Types of Driving Distractions?

Although texting and driving is one of the most common forms of distracted driving, it is far from the only one. In fact, many driving distractions do not involve the use of a cell phone at all. Things like eating, reading billboards, talking to passengers, helping children or pets, or rubbernecking are all types of driving distractions—and all are dangerous.

Driving distractions fall into four main categories:

• Visual Distractions: Anything that causes a driver to take his or her eyes off the road, even if only for a few seconds
• Manual Distractions: Anything that causes a driver to take one or both hands off the steering wheel while driving
• Cognitive Distractions: Anything that diverts the driver’s attention away from the road/the task of driving
• Auditory Distractions: Any loud sounds or noises, including music played through headphones or earbuds, that can distract the driver

Although New York law does not specifically ban any driving distraction aside from handheld cell phone use, the state does have a “dangerous driving” rule. Under this rule, a person can be pulled over and cited if a driving distraction caused them to operate their vehicle in a manner that posed a risk to others.

Compensation for Victims of Distracted Drivers

Distracted driving is a form of negligence and, therefore, those injured by distracted drivers are generally entitled to compensation for their injuries and damages. Because New York is a no-fault car insurance state, accident victims can often recover compensation from their own auto insurance providers. Your personal injury protection (PIP) insurance covers medical expenses and certain other monetary damages, such as lost wages, relating to the crash. However, it does not cover all of your financial losses, nor does it provide any compensation for non-economic damages, like pain and suffering.

Depending on the specifics of your case, it may be possible to step outside the no-fault system and bring a claim against the distracted driver who caused the accident. We strongly recommend that you work with an experienced attorney, like those at Basch & Keegan LLP, who can advise you on your legal options.

Contact Us for a Complimentary Case Evaluation

If you were injured, or if someone you love was killed, by a distracted driver, we at Basch & Keegan LLP understand what you are going through. Our Albany distracted driving accident attorneys want to help you move forward with your life by fighting for the fair compensation you need to heal and get back on your feet.

We provide personalized, compassionate legal services and an aggressive, results-oriented approach to negotiation and litigation. Our team is prepared to work with the insurance company on your behalf so that you can simply focus on treating your injuries. If necessary, we are prepared and ready to represent you at trial.

Learn more during a free initial consultation with one of our Albany distracted driving lawyers; call (845) 251-4545 or contact us online today.