Did you know that close to 3000 US citizens succumb to road accidents involving distracted drivers? It is important to seek help from an experienced Tonawanda Distracted Driving Accident Lawyer. To get the help you deserve call Buffalo Car Accident Lawyers now at (716) 261-2614.
Engaging in distracted driving is usually dangerous as it diverts the drivers’ attention from the road, thus risking their lives and other road users. The accidents related to this form of driving can be fatal, and usually cause severe injuries to the victims or even death.
Table of Contents
What Is Distracted Driving?
Distracted driving is the act of multitasking the operation of the vehicle with any other activity which draws your attention from the road. Examples of distractions that can take the driver’s attention include texting a friend, talking on a mobile phone, participating in engaging conversations, smoking cigarettes, and so on.
Essentially, engaging in any of the above activities or any other non-driving activity is distracted driving, and it increases your possibilities of committing a traffic crash.
Types Of Distracted Driving
The National Highway Traffic Safety Administration classifies distracted driving in three categories including, visual distractions, manual distractions, and cognitive distractions.
Visual distractions happen when you engage yourself in any activity that may make your eyes wander off the road. Examples of such distractions include: texting while driving, navigating the road through a GPS, and grooming while on transit, among others.
When glued to such visual distractions, you won’t be in a position to survey your surroundings or observe signals from the other road users. The chances are high that you may end up rear-ending on the front vehicle or commit any other form of a traffic offense.
Any activity that causes the driver to remove one or both of their hands from the steering wheel is called manual distractions. Examples of manual distractions include eating, drinking, smoking, fastening a child’s seat belt, turning the car knobs, etc.
Manual distractions are hazardous as they interfere with the driver’s reaction time. Should there be an emergency, the driver may be forced to veer off the road or end up committing a severe accident.
Cognitive distractions are unique from the manual and the visual distractions since they do not capture the eyes’ attention or take your hands off the wheel. Instead, they shift the driver’s mind from driving to a different subject. Examples of mental distractions include talking to other passengers, listening to the radio, and applying hands-free calling devices.
Cognitive distractions are hazardous as they won’t allow the driver to view signals from other road users and respond accordingly due to their absent state of mind.
Laws Regarding Distracted Driving In Tonawanda, New York
The New York state law that governs distracted driving states:
- All drivers should use hands-free devices when communicating on their phones.
- No driver can use their handheld devices to place a phone call, text someone, or play any game
- It is illegal for any driver to view, capture and transmit images while driving
- No driver should have access to television screens while on the road
- The taxi drivers are neither allowed to use their handheld devices nor communicate in hands-free mode.
Violating any of the above provisions is a severe criminal offense. If a traffic officer finds you contravening any of these provisions, they have the right to pull you over and summon you for the violation.
The exceptions to these distracted driving laws include:
- Drivers can use the electronic devices installed in their devices like dashboard computers,
- Drivers can use their handheld devices in making an emergency call to the police
- Drivers operating an authorized emergency vehicle are exempted from all the above state laws.
What Damages Can Victims Get from a Distracted Driving Accident Claim in Tonawanda, New York?
Anyone who operates motor vehicles in Tonawanda, New York, assumes responsibility to others. As such, they should exercise a level of care and caution to minimize the probability of harming others. That said, you can always claim compensation if your injury is due to the actions of a distracted driver, and you can prove in a court of law, Tonawanda, that you were injured due to negligence of the other driver.
Given the complexity of the distracted accident claims, it may be difficult for you to follow up on the case and identify the critical valuation areas for estimating your damages. You need the help of the aggressive buffalo car accident attorney, Tonawanda, to help you with the process. For convenience in evaluating the damages, supply the legal team with sufficient information about:
- Your medical bills,
- Damages to your property
- Lost income and lifestyle changes
- Incapacitation and emotional distress
The car accident lawyer, Tonawanda, will use the above information to estimate the damages and follow up on your claim aggressively to see you compensated.
How Long Do You Have To File A Claim In Tonawanda, NY?
In New York, the standard statute of limitation for personal injury suits is 3 years from the day the cause of injury happened. That means that you cannot file a claim against the distracted driver after 3 years have elapsed. It also implies that you can file a lawsuit a few days after the accident, provided you have sufficient backing for the claim.
Before filing the claim, you should assess the possible compensation amount you would wish to claim for your injuries. This is where estimating the damages discussed above becomes crucial. Another critical factor to consider is whether you have enough evidence to back up your claim.
To convince the court of law that the defendant afflicted you, you need to provide first-hand information portraying the accident as it was. That is why it is essential to gather evidence at the scene immediately after the accident. Examples of the vital information you need to collect from the scene include the official police report, eye witness, social media posts, surveillance recordings, eye witness, etc. the good news is that you have a sufficient amount of time to collect any evidence you might need.
Another factor that you should consider is the settlement of the claim. If the defendant is willing to pay your damages and your car accident lawyer is okay with it, there will be no need to go to court. The court process becomes necessary if the defendant cannot settle your claim in terms of monetary compensation.
Why Do You Need A Tonawanda Distracted Driving Accident Lawyer Lawyer?
The process of analyzing a case, collecting evidence, filing a claim, and following the court proceedings is usually a complex one. You need the help of a qualified car accident lawyer to help you with your case.
If you or your loved one have been injured by an accident with a distracted driver, then you need the best legal representative to help you prepare and follow the case. Such experienced, resourceful and aggressive minds can be found in buffalo car accident lawyers. Call us today at (716) 261-2614 to schedule a free case review and let us get started fighting for you.