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Distracted Driving: More than Texting Behind the Wheel

distracted driving - texting

Many drivers are rightly worried about distracted driving. According to the National Highway Traffic Safety Administration, distracted driving caused almost 3,500 deaths in 2015.  New York has responded to the crisis by passing laws to limit distractions behind the wheel. For example, New York was one of the first states to impose a hand-held cell phone ban in 2001.

However, distracted driving encompasses more than simply reading a text message or talking on the phone while driving. Instead, drivers can become distracted in many ways.

Examples of Distracted Driving

Anything that causes you to take your eyes off the road for even a split second qualifies as distracted driving, such as:

  • Eating
  • Drinking
  • Smoking
  • Arguing with a passenger
  • Looking at a passenger in the rearview mirror
  • Reaching for something
  • Changing the radio station or touch any of the controls
  • Daydreaming
  • Checking out scenery
  • Applying makeup
  • Brushing hair
  • Reading a map or GPS
  • Flossing your teeth

By taking your eyes off the road for even a split second, you dramatically increase the chances of an auto accident.

Documenting Distracted Driving

If you have been injured by a distracted driver, you might be entitled to compensation. However, your success will depend on whether you can prove that the driver was distracted when they slammed into you. This might be harder than you imagine.

For one thing, drivers are not in the habit of admitting that they were careless, even if they are answering questions under oath. Many drivers pretend not to remember what happened right before they plowed into you, or sometimes they outright lie.

Second, there are few eyewitnesses to most car accident. People on sidewalks only notice auto wrecks after the collision has occurred, so they probably don’t know what the driver was doing either. You might not have noticed whether the other driver was distracted, especially if you were blindsided or rear-ended.

Nevertheless, the Law Offices of David J. Hernandez & Associates has extensive experience proving that a driver’s negligence has caused an auto accident. For example, we can:

  • Ask questions of passengers under oath about what the driver was doing in the moments before impact.
  • Work with an accident reconstructionist to identify the point of impact and potential causes.
  • Find surveillance video that might have captured the accident and the driver’s actions before impact.
  • Subpoena the driver’s cell phone records to see if they were talking on the phone or sending a text message in the moments before collision.

Our team of car accident lawyers will leave no stone unturned as we build a case for compensation.

Speak with a Car Accident Lawyer Today

Distracted drivers are a menace on our roads. By pursuing compensation for your injuries, you not only defray the economic costs of the accident, but you make our roads safer by holding distracted drivers accountable for their actions. The team at The Law Offices of David J. Hernandez & Associates in Brooklyn is here to help. Reach out to us today by calling 718-407-4123 or submitting an online message. The consultation is free.


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