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Distracted Driving Car Accident in Brooklyn

3.22.2023 Brian O'Connor Category: Personal Injury

Were You Injured in a Distracted Driving Car Accident in Brooklyn? Call Our Experienced Car Accident Lawyer in Brooklyn for Help

One of the most preventable causes of motor vehicle accidents in New York is a distracted driving accident. According to statistics from the National Highway Traffic Safety Administration (NHTSA), over 3,100 people die in distracted driver car accidents throughout the United States each year. Other statistics report that there are over 424,000 other peopleinjured in distracted driver car accidents each year. In New York, research found that 80% of all traffic accidents involved a driver who looked away from the road. According to statistics from the New York City Police Department for last month in all five boroughs, there were almost 1,900 traffic accidents caused by driver distraction or inattention. This was almost four-times as high as the next highest single cause of a traffic accident, which was 525 for following too closely. That’s why if you or a loved one were injured in a distracted driver car accident in Brooklyn, call our experienced car accident lawyer in Brooklyn for help.

Here at the O’Connor Law Firm, we understand how devastating that a distracted driver car accident can be for victims and their families. This is one of the most avoidable causes of a motor vehicle accident in the United States, including in New York and in Brooklyn. Yet, statistics continue to show that driver inattention and distraction is a leading cause of personal injury or wrongful death in traffic accidents. If you or a loved one were injured in any type of motor vehicle crash or distracted driver car accident in Brooklyn, call to schedule a FREE consultation to learn more about your rights under New York law. We will not let a defense lawyer or insurance adjuster protect a dangerous driver after your accident.

What is Distracted Driving?

Lumbar Fusion After a Car Accident in Staten Island, uber accident lawyer in staten island 3 Types of Elbow Injuries From a Car Accident in Staten Island, Brooklyn Injury Lawyer Distracted Driving Car Accident in BrooklynDistracted driving is defined very broadly as being any type of activity that affects a person’s ability to operate a motor vehicle. Any type of driver could become distracted, including a truck driver, bus driver, motorcyclists, or any other operator of a motor vehicle. There are three main types of distractions, with some types of conduct (like texting while driving) affecting all three, which are the following:

  • Focus distractions – those which draw a person’s focus and attention away from driving
  • Physical distractions – those which pull a person’s hand or hands away from driving
  • Visual distractions – those which draw a person’s eyes off the road

Common Examples of a Distracted Driving Car Accident in Brooklyn 

Distracted driving accidents can occur in many different ways. Nearly all of these examples are entirely preventable and should not happen but for the defendant’s negligence. Some of the most common examples of a distracted driving car accident in Brooklyn include the following:

  • Texting while driving
  • Using a cell phone while driving
  • Using a hand-held radio (truckers)
  • Programming a GPS or using a GPS to look at a map
  • Changing a radio channel or programming a radio (i.e., picking favorites)
  • Interacting with a passenger
  • Handling a pet in the car
  • Using a computer or tablet inappropriately
  • Reading mail, an address, letter, or another piece of paper
  • Eating or drinking
  • Putting on makeup
  • Adjusting vehicle settings, and
  • Performing any other task that may lead to a distracted driving car accident in Brooklyn.

Proving Liability in a New York Distracted Driving Car Accident

Generally, there are two ways to prove liability (or fault) in a distracted driving car accident in Brooklyn. The first way is through the legal concept known as negligence, which is a common law (or judge-made law) approach to proving the fault of a defendant. The second way is due to the violation of a statute and the application of the negligence per se doctrine.

Under the common law approach, all motorists owe others a duty to exercise reasonable care under the circumstances in the use or operation of a motor vehicle. That includes seeing what there is to be seen and hearing what there is to be heard. It is highly likely that a distracted driver who causes a car accident will have failed to use reasonable care while operating a motor vehicle. This is how much distracted driving cases are proven.

In addition, the doctrine of negligence per se may also serve as a way to automatically establish liability against a defendant. Under this legal doctrine, the violation of a vehicle and traffic law that was meant to protect a victim from the very type of harm that occurred will automatically establish liability against a defendant. Since New York has Vehicle and Traffic Law section 1225-c which prohibits a motorist from using a cell phone to make a cell phone call, and Vehicle and Traffic Law section 1225-d which prohibits a driver from operating a motor vehicle while using an electronic device, a defendant that is violating this statute and causes a distracted driver car accident in Brooklyn is likely to be liable for the victim’s personal injuries.

Were You Injured in a Distracted Driving Car Accident in Brooklyn? We Can Help

If you or a loved one suffered personal injuries after a distracted driver car accident in Brooklyn, call the O’Connor Law Firm to schedule your free consultation and case evaluation. We handle cases throughout New York City and Long Island, particularly Staten Island, Brooklyn, Manhattan, The Bronx, Queens, and in surrounding areas. To learn more about your rights and to schedule your appointment with our experienced car accident lawyer in Brooklyn, call (718) 948-3500 or send us an email through our “Contact Us” box available here