Smartphones and technology have managed to sneak into places in our lives where generations ago, it would have been unthinkable. Now, to send a message or perform a banking operation, all you have to do is press a few buttons on your iPhone. While these advances in communication have improved our quality of life and the way we do business, they have also brought new problems to solve and risks to deal with.
It is common to see Brooklyn drivers texting or talking on the phone while moving around the city. Not only that, but also setting up music, videos, GPS, navigation systems, or even playing games on a smartphone app in situations where all their attention should be focused on the steering wheel. What seems a minor detail, such as being distracted by these activities, is usually refuted by drivers who refuse to take the risk involved in these behaviors.
Multitasking is not necessarily something that comes easily to our brains. If it is a task that may involve life or death consequences, as is the case of driving a motor vehicle in the city, it would require being aware and always moving around, paying full attention to our surroundings. Not focusing on what is happening on our Smartphones but on what is happening in the real world.
By following these guidelines, it is likely that you will never be involved in a distracted driving accident for which you will be held responsible. The unfortunate thing is that other drivers near you could affect you or impact your vehicle. But in that case, our Brooklyn distracted driving accident lawyers are here to help you claim your rights due to the negligence of others.
Distracted driving is a serious matter, although it may not seem so. In The Ward Law, we want to enlighten our readers and our community about the implications and seriousness of this negative habit of driving without due attention, and thus generate spaces for the dissemination of these ideas, as well as information that empowers citizens and encourages reflection among all.
The curious thing is that municipalities like those in the City of Brooklyn have yet to identify all the opportunities to combat distracted building habits. For example, don't you think that a communication campaign directly to smartphones through text messages or instant messaging services and using GPS location could identify cars on the road, and show them a message that says: Prevention is the most important thing, don't get distracted while driving. If you are not completely attentive. Your life can depend on a few seconds. Drive carefully.
It is possible that with a campaign of this type, the authorities are one step ahead in the strategy to solve this problem, and many more drivers can generate the necessary awareness to avoid driving with distractions that could turn into fatal events.
Along the busy streets of Downtown Brooklyn is one of the main places where distracted driving accidents in Brooklyn frequently happen. This area is a hotspot for accidents caused by drivers texting, talking on the phone, or performing other distracting activities because of the backed-up traffic, frequent stoplights, and numerous distractions.
Due to the large number of car owners who try to multitask while driving, Brooklyn's extensive network of bridges and expressways, including the Brooklyn-Queens Expressway (BQE) and the Gowanus Expressway, frequently see incidents of distracted driving. The knowledge of a Brooklyn distracted driving accident attorney is invaluable in assisting accident victims in pursuing the compensation they are due in these difficult traffic situations.
Importance of legal representation in distracted driving cases
We would like to tell you that going through the process after a distracted driving accident might be easy without a competent attorney on your side, but that would be lying to you. In reality, you need a professional who can discern the most efficient strategy for dealing with a case like this. The ideal attorney for this type of case is someone who is experienced in the laws that apply to Brooklyn, as well as knowing how to identify potential aggravating factors that will work in your favor when seeking compensation in the future.
This ability to detect the details between the lines that arise in each case is something that has been acquired over the years. Our attorneys have been forced to deal with hundreds of similar situations, often under high pressure, where our clients have lost everything or have been greatly affected by the negligent attitude of a third party.
Over the years, our professionals have developed the skills necessary to identify the precise deadlines, the exact timing, and the precise words that make up an entire legal defense.
It would do you no good to navigate the complex and cumbersome legal process alone if you could choose to have a professional from The Ward Law Group accompany you through it all. If that is the case, you will feel that things go more smoothly, and you will not feel all the pressure falling solely on you and your family, but we will share the responsibility, and we will take on this fight together.
Our lawyers can excel in the following crucial areas:
1. Expertise in Distracted Driving Laws: Our attorneys at The Ward Law have a deep understanding of the specific laws and regulations related to distracted driving in Brooklyn and can apply this knowledge to your case.
2. Investigation and Evidence Gathering: We can conduct thorough investigations to gather evidence, including phone records, witness statements, and accident reconstruction, to establish the driver's distraction.
3. Negotiating with Insurance Companies: Our experienced attorneys can handle negotiations with insurance companies to ensure you receive fair compensation for your injuries and losses.
4. Complex Legal Processes: We navigate the complex legal procedures, paperwork, and deadlines involved in distracted driving cases, saving you time and stress.
5. Determining Liability: Our lawyers work to establish liability by proving the distracted driver's negligence, including phone use, texting, or other distractions.
6. Access to Experts: We have access to accident reconstruction specialists, medical experts, and other professionals who can provide crucial testimony to support your case.
7. Evaluation of Damages: Our attorneys can accurately assess the full extent of your damages, including medical bills, lost wages, pain and suffering, and long-term rehabilitation costs.
8. Case Preparation: We meticulously prepare your case, ensuring all evidence is in order for a strong presentation in court, if necessary.
9. Fighting for Maximum Compensation: Our competent lawyers aggressively advocate for your rights, seeking the maximum compensation possible to cover your current and future needs.
10. Legal Strategy: We develop effective legal strategies tailored to the unique circumstances of your distracted driving case.
11. Proving Causation: Our attorneys establish a clear causal link between distracted driving behavior and the accident, which is essential for a successful case.
12. Challenging Defense Tactics: We anticipate and counteract defense strategies, such as claims of contributory negligence, to protect your interests.
13. Litigation Experience: In the event of a trial, our lawyers have the necessary experience to represent you effectively and persuasively in court.
14. Communication Skills: We communicate on your behalf with insurance adjusters, opposing counsel, and the court, ensuring your rights are upheld.
15. Less Stress: Legal representation from our team at The Ward Law provides peace of mind, allowing you to focus on your recovery while professionals handle the legal complexities, increasing your chances of a successful outcome.
Types of Distractions: Visual, Manual, and Cognitive
Research has differentiated the type of distraction to which a driver may succumb in the city. These range from distractions that include images or visual stimulation. To manual distractions, which could range from interacting with a digital device with your hands, petting a pet in the passenger seat, or even holding your girlfriend's hand while driving. The cases are varied. But science and statistical studies on the subject help a little to make a conceptual map of the most frequent occurrences. In this way, the task of prevention becomes easier.
• Taking your eyes off the road to read a text message or look at a navigation system.
• Gazing at a roadside attraction or scenery instead of focusing on the traffic ahead.
• Rubbernecking to see the aftermath of an accident, diverting your attention from the road.
• Texting or typing on a mobile device while driving.
• Adjusting the radio, changing CDs, or fiddling with dashboard controls.
• Eating, drinking, or reaching for items in the backseat while your hands are off the wheel.
• Daydreaming or getting lost in thought while driving.
• Conversing on a hands-free or handheld phone, which diverts your mental focus from driving.
• Worrying about personal matters or work-related issues instead of concentrating on the road.
Additional Key Points:
• Combined Distractions: Often, distractions involve a combination of visual, manual, and cognitive elements. For instance, texting while driving combines visual distraction (looking at the phone), manual distraction (typing or swiping), and cognitive distraction (thinking about the message) simultaneously.
• Impact on Reaction Time: Distracted driving significantly impairs your reaction time to unexpected events on the road, increasing the risk of accidents.
• Legislation and Fines: Many states, including New York, have laws against texting and using handheld phones while driving, with substantial fines and penalties for violations.
• Education and Awareness: Promoting awareness about the dangers of distracted driving through educational campaigns is crucial to reducing accidents.
• Technological Solutions: There are technological solutions like smartphone apps and in-car systems that can help mitigate distractions by silencing notifications or providing hands-free calling options.
• Responsibility as Drivers: Ultimately, as drivers, it's our responsibility to prioritize safe driving by minimizing distractions and staying fully engaged with the task at hand.
Laws on Distracted Driving in New York
Are you new to New York and don't know the laws of this State? Don't worry; even people who have lived all their lives in New York sometimes don't fully understand the rules that apply to each jurisdiction. Being familiar with these rules means taking the time to study them and also reviewing how cases have been resolved in the past.
Together with our professionals, we want to bring some light to this legal knowledge, in a simple way so that the citizens of our Brooklyn community can use it and feel more prepared in case they have to deal with these accidental events:
New York State Laws Against Texting and Driving:
• New York Vehicle and Traffic Law Section 1225-d: This law explicitly prohibits texting and driving in New York State. It states that no person shall operate a motor vehicle while using any portable electronic device to compose, send, read, access, browse, transmit, save, or retrieve electronic data, including text messages, emails, and web content, while the vehicle is in motion.
Penalties and Fines:
• First Offense: Violating the texting and driving law can result in a fine of up to $200.
• Second Offense (within 18 months): A second offense within 18 months can lead to fines of up to $250.
• Third Offense (within 18 months): For a third offense within 18 months, fines can be as high as $450.
Points on Driving Record:
• Convictions for texting while driving result in the assessment of 5 driver violation points on the individual's driving record, according to the New York Department of Motor Vehicles (DMV).
Additional Laws and Consequences:
• In addition to texting and driving laws, New York State also has hands-free laws that require the use of a hands-free device for phone calls while driving.
• Violating these laws can result in fines, surcharges, and increased insurance rates.
• For drivers with a probationary or junior driver's license, a first conviction for texting while driving can result in a suspension of the license for 120 days.
Reflections around facts that are very upsetting.
We know that these events are not pleasant for anyone. Although, over the years, we have seen how the attitude one has toward an event can be decisive when overcoming it. Only with a positive attitude will you overcome the transition and find a new meaning to your days.
We are not asking you to deny the pain you are feeling but to accept it in its entirety and not resist anymore. Consider that this accident may have been the much-needed pause to rethink important aspects of your life. Contact The Ward Law to help you understand the reason for what has happened to you so that you have the best professionals in the field on your side. You will receive a free case evaluation.