Distracted Driving Accidents in Brooklyn

Distractions behind the wheel can be bad news, and sadly not just for the distracted driver. The driver, his or her passengers, other motorists, pedestrians, and bicyclists are all at risk of bodily harm when near a distracted driver. This is especially true in crowded urban areas such as Brooklyn.

Distracted Driving Accidents in Brooklyn and Beyond

Distracted drivers killed more than 3,300 people in 2012 according to the Centers for Disease Control’s data. That’s an average of nine people killed each day. Further, distracted drivers injured more than 1,150 every day in the U.S. A significant portion of those crashes happened right here in New York, and that means we’re all at risk when we drive.

While distracted driving is almost always preventable, that doesn’t mean people actually take steps to prevent it.

What Constitutes Distracted Driving?

Under New York’s distracted driving laws, someone is guilty of distracted driving when they are:

• Talking on a handheld mobile telephone
• Composing, accessing, transmitting, or saving electronic data such as text messages, e-mail or webpages
• Taking, viewing or transmitting images
• Playing games

This applies to the use of any handheld portable electronic device, from smartphones to tablets. It also includes laptops, walkie-talkies and other similar devices.

Exceptions to the Law

There are a few exceptions to the law in the state of New York, which include:

• The use of hands-free mobile telephones
• The use of mobile devices, including GPS devices, that are attached to a vehicle’s surface
• When the purpose of a call is to report an emergency to police; a fire department; a hospital or physician’s office; or an ambulance dispatch
• While operating an authorized emergency vehicle in the performance of official duties

Although the use of hands-free devices while driving is currently legal in New York, multiple studies have shown that use of a headset or other hands-free device is not substantially safer than handheld mobile phone use.

Other Distractions While Driving

There were distractions behind the wheel long before the first mobile phone made its debut. While mobile device use has fast outpaced other common driver distractions, don’t forget the myriad other activities that can take a motorist’s eyes and mind off the road.

A car crash injury is no less tragic or unfair when it’s caused by a driver who is eating or drinking, reading a map or fiddling with the radio. Even in-person discussion, rambunctious kids and stress can cause a driver to become distracted.

A person texting while driving is essentially blindfolded. Unless they’re using voice-to-text, they’re driving with one or both hands off the steering wheel for up to a hundred yards per text. The average time it takes to text is 4.6 seconds, according to a recent study by the Virginia Tech Transportation Institute.

A driver who glances down at a device risks missing a stop sign or traffic signal, veering into a bicycle lane, or hitting a pedestrian using the crosswalk. Cyclists and pedestrians can be tough to see, increasing their likelihood of being hit by distracted motorist.

In Brooklyn’s heavy traffic, just one distracted driver can put every other motorist and their passengers at risk.

What to Do if You’re Hurt by a Distracted Driver

The first thing to do after any accident is to seek medical attention right away. Even if you feel fine, a medical professional may be able to detect and treat injuries you may not know you have.

Later, you may decide to seek compensation for your injuries. Your examination and treatment record could become important evidence for your legal case.

A good rule of thumb is that if the emergency responders feel that you should go to the emergency room, pay attention. They see car accidents in Brooklyn every day, and they wouldn’t recommend that you go in to see a physician if you wouldn’t benefit from doing so.

Distraction and Proving Fault: Do You Have a Case?

If you were injured by a distracted driver in Brooklyn, it’s a good idea contact a personal injury attorney right after you seek medical care. Your lawyer will be able to help determine if the distracted driver was at fault and give you case-specific legal advice.

Every case is different, and laws change as new technology develops. New studies come out all the time, so a lawyer with extensive experience in distracted driving cases is your best resource for sorting out whether a distracted driver’s negligence caused your accident.

If you’ve been injured in any auto accident, you may have a long recovery ahead of you. If you suspect your injuries are the result of a distracted driver’s negligence, you may be able to collect compensation for lost wages, medical expenses, and pain and suffering.

Put us to work for you and put your mind at rest. Call the Law Offices of Kuharski, Levitz & Giovinazzo to find out how we can help.
We’re here for you when you’re ready. 718-448-1600.