Like other cities across the United States, Buffalo has suffered from the effects of distracted driving. Distracted driving has become an even more pervasive problem in recent years as in-vehicle technology becomes more prevalent in new vehicles. Unfortunately, driver behavior has not been consistent with either the available accident data or public opinion surveys, all of which demonstrate that distracted driving leads to accidents.

It is important for Buffalo drivers to understand the risks of distracted driving and accept personal responsibility for keeping their attention on the road ahead.

The Disconnect Between Drivers’ Beliefs and Behaviors

Distracted driving dangers are a constant presence in the media. In addition to the reports of horrible injuries and deaths caused by distracted drivers, there are also ongoing efforts from advocacy groups and government traffic safety agencies. These efforts appear to be effectively spreading their message. According to the AAA Foundation for Traffic Safety, distracted driving surpassed other risky behaviors (such as aggressive or impaired driving) and was ranked number one in a survey of risky behaviors drivers believed to be on the rise.

Yet in spite of this, smartphone usage while driving appears to be on the rise. The AAA survey found that the number of drivers who report regularly making cell phone calls while driving jumped 46 percent between 2013 and 2018. A Zendrive study reported by Bloomberg found that almost every state experienced an increase in the percentage of time drivers spent on the phone over a yearlong period. Drastic increases were found in Rhode Island (38.7 percent), Oregon (42 percent) and California (54.2 percent).

Here in New York, drivers were found to have a 16.8 percent increase in the portion of their driving time spent on the phone. The Governor’s Office also announced an increase in the number of tickets issued for texting while driving between 2011 and 2016.

The Consequences of Distracted Driving in New York State

These studies suggest that drivers are, indeed, aware of the problem of distracted driving. Yet this knowledge is not enough to help drivers resist the temptation to divert their attention to smartphones, navigation systems, or in-vehicle entertainment systems. There are many consequences to such distraction. The Governor’s Traffic Safety Committee reports that using a portable electronic device now carries increased penalties of five violation points against the driver’s license in addition to a fine. These sanctions apply to all prohibited activities, including texting, emailing, browsing the internet, making phone calls, playing games and using mobile applications.

In addition to fines and points, distracted drivers can also face the unpleasant experience of a civil lawsuit. Injury victims have the legal right to be compensated for their losses by a negligent driver. A driver who negligently causes an accident while distracted can be liable for property damage, medical bills, pain and suffering, lost wages, and other costs related to the accident. It is important for injury victims to hold distracted drivers accountable through a personal injury claim or lawsuit. This is an important deterrent to preventing future accidents.

A Buffalo car accident attorney can help injury victims protect their legal right to be compensated by a distracted driver’s insurance company while helping to make the roads safer for everyone.