Among the most avoidable fatal motor vehicle accidents in the world are those caused by distracted drivers.

So, it’s tragic that this type of death is on the rise.

Distracted driving is when a person operating a motor vehicle attempts to multitask by doing something such as texting, eating, shaving, or applying makeup to the already focus-intense act of driving.

Distracted driving is a choice. The death and damage caused by distracted driving can be easily avoided by any motorist who refuses to take his or her attention off the road.

Yet in 2019, more than 3,100 people died in preventable, distracted driving car accidents. This is a 10% spike over how many people died due to distracted drivers the prior year, according to new research by the Governors Highway Safety Association (GHSA).

Data on how many people have suffered whiplash, nerve damage, head injuries, broken bones, and internal bruising from these types of crashes is not as available.

NY Distracted Driving Law

Meanwhile, states across the country have been drafting and passing anti-distracted-driving laws mostly within the last five years. The first state to ban texting while driving was Washington. They did it in 2007.

In New York, the state has banned the use of handheld devices like cellphones, smartphones, unmounted GPS devices, and tablet computers, among other equipment. The state also has a separate ban on texting while driving. New York passed its first anti-distracted driving law in 2011. Violating the law results in a fine from $50-$450 depending on circumstances.

The federally funded GHSA study, “Using Electronic Devices While Driving: Legislation and Enforcement Implications,” found that the laws really can prevent many fatal crashes, but only if they are rigorously supported. Researchers found that states with strong anti-distracted driving laws, backed by enforcement and public education, had the least distracted driving accidents.

Bullied By Insurance Companies

While the law seeks to stop distracted driving accidents, it doesn’t do much to help the victims and their families of such avoidable harm and damage.

Insurance companies have been granted the primary responsibility of compensating accident victims and their families – and they are incentivized to pay victims as little as possible. They do this by making lowball settlement offers, delaying payments, questioning the extent of injuries and damages, blaming the victim, and outright denying a claim. An insurance company may attempt to pull one of these tactics on you, even if it’s your insurance provider.

What a Good Lawyer Can Do For You

A typical distracted driver will take their eyes off the road for 5 seconds to check a text, the GHSA report noted. If a person checks a text while going 55 mph on the highway, they will have traveled the length of an entire football field in that time. A crash caused by a distracted driver can happen anywhere at any time to anyone, regardless of driving skill.

An experienced lawyer knows how to collect the proof you need to support your claim. An attorney can track down eyewitnesses, bring in experts who can read clues at the scene like skid marks (an absence of which likely means the driver didn’t brake before the accident), and gain access to information like the at-fault driver’s cellphone records.

If you or someone you love has been injured in an accident caused by a distracted driver, the key to recovering fair and full compensation for your damages is having a good lawyer on your side. Any settlement or court verdict needs to compensate you for past, current, and future medical expenses resulting from the accident, as well as lost wages, lost earning potential, lost quality of life, and any other accident-related expenses.

The Law Offices of James Morris has been helping clients in western New York and the Buffalo region following motor vehicle crashes and other types of accidents for years. Attorney James E. Morris has been selected by Super Lawyers in the personal injury field every year since 2009 as one of New York State’s best lawyers. Contact us today for a free consultation.