What is Distracted Driving?

At Kelner & Kelner, we've represented countless New Yorkers who have suffered serious injuries due to the negligence of distracted drivers. As April marks Distracted Driving Awareness Month, we believe it's crucial to educate our community about this dangerous behavior that continues to claim lives and cause devastating injuries on our roads.

What is Distracted Driving?

Distracted driving occurs when a driver engages in any activity that diverts attention from the primary task of operating a vehicle safely. While many immediately think of cell phone use, distracted driving encompasses a much broader range of behaviors that compromise road safety.

The National Highway Traffic Safety Administration (NHTSA) categorizes distracted driving into three main types:

1. Visual distractions: Taking your eyes off the road (looking at a GPS, checking a child in the backseat)
2. Manual distractions: Taking your hands off the wheel (eating, adjusting radio controls)
3. Cognitive distractions: Taking your mind off driving (talking to passengers, daydreaming)

What makes distracted driving particularly dangerous is that many common behaviors, such as texting while driving, involve all three types of distraction simultaneously.

The Alarming Distracted Driving Statistics

The numbers paint a sobering picture of the distracted driving epidemic in the United States:

• Approximately 3,000 people die annually in crashes involving distracted drivers
• Around 400,000 people are injured in distracted driving crashes each year
• Sending or reading a text takes a driver's eyes off the road for about 5 seconds – at 55 mph, that's like driving the length of an entire football field with your eyes closed
• Drivers who use handheld devices are four times more likely to be involved in crashes serious enough to cause injury

In New York specifically, distracted driving remains one of the leading causes of motor vehicle accidents, despite the state's strict laws prohibiting the use of handheld devices while driving.

Common Types of Distracted Driving

Understanding what is distracted driving requires recognizing the many behaviors beyond just smartphone use that create dangerous conditions on our roads.

• Cell Phone Use: Texting, emailing, browsing social media, or making calls diverts critical attention from driving and is a leading cause of distracted driving accidents in New York.
• Eating and Drinking: Consuming food or beverages while driving takes at least one hand off the wheel and often requires looking away from the road, creating both manual and visual distractions.
• Vehicle Controls: Adjusting radio stations, climate settings, or programming navigation systems forces drivers to take their eyes and concentration away from safely operating their vehicle.
• Personal Grooming: Applying makeup, fixing hair, or other grooming activities behind the wheel creates significant visual and manual distractions that substantially increase crash risk.
• Passenger Interactions: Engaging in intense conversations, turning to look at passengers, or managing children or pets can be cognitively distracting and may involve looking away from the road ahead.
• Electronic Devices: Using tablets, laptops, or other electronic gadgets while driving creates dangerous visual and manual distractions that have led to numerous cases requiring a distracted driving accident lawyer.
• Reading: Looking at maps, directions, newspapers, books, or other materials while driving diverts visual attention from the roadway and dramatically increases accident risk.
• Mental Distractions: Daydreaming or becoming lost in thought represents a cognitive form of what is distracted driving that can significantly delay reaction times to road hazards.
• Reaching for Objects: Attempting to retrieve items from the floor, backseat, or glove compartment creates a dangerous combination of visual and manual distractions.

At Kelner & Kelner, we've seen how these distractions can lead to life-altering injuries for our clients, which is why understanding and avoiding all forms of distracted driving is essential for road safety.

New York's Distracted Driving Laws

New York State has enacted comprehensive legislation to address what is distracted driving and reduce its prevalence on our roadways.

• Primary Enforcement: New York's distracted driving laws are primary enforcement, meaning officers can stop and ticket drivers solely for using electronic devices without needing another violation.
• Electronic Device Ban: The state prohibits all drivers from using handheld electronic devices while operating a vehicle, including for texting, emailing, gaming, or browsing the web.
• Young Driver Restrictions: Drivers under 18 with learner permits or junior licenses face stricter regulations, with complete prohibition of all electronic device use regardless of whether it's hands-free.
• Commercial Driver Regulations: Commercial vehicle operators face federal and state regulations prohibiting handheld phone use while driving, with potential commercial license suspension for violations.
• Emergency Exceptions: The law provides limited exceptions for emergency communications with police, fire departments, hospitals, or physicians, though these must involve genuine emergencies.
• Hands-Free Allowance: Adult drivers may use hands-free electronic devices except in school zones, though studies show even these create cognitive distraction that may require a distracted driving accident lawyer if accidents occur.
• "Move Over" Law Connection: New York's Move Over Law works alongside distracted driving regulations, requiring drivers to change lanes safely when approaching emergency or maintenance vehicles.
• Enhanced Penalties in Work Zones: Fines for what is distracted driving are doubled when violations occur in designated work zones, reflecting the heightened danger in these areas.

Preventing Distracted Driving: Tips for Staying Safe

Understanding what is distracted driving is the first step toward prevention; these practical strategies can help every driver avoid dangerous distractions on the road.

• Silence Your Phone: Turn your device to silent mode or activate driving mode before starting your journey to prevent the temptation of checking notifications while driving.
• Plan Ahead: Set your GPS destination, adjust seats and mirrors, select music playlists, and make necessary calls before putting your vehicle in motion.
• Secure Passengers: Properly secure children and pets with appropriate restraints before driving to minimize distractions from passenger movement or needs during transit.
• Designate a "Co-Pilot": Ask your passenger to handle tasks like navigation, climate control adjustments, or responding to messages so you can focus solely on safe driving.
• Pull Over Safely: If you absolutely must attend to something that requires your attention, signal and pull over to a secure location rather than attempting to multitask while moving.
• Use Technology Wisely: Utilize hands-free systems when necessary, but remember that even voice-activated features can still create cognitive distraction that may require a distracted driving accident lawyer if an accident occurs.
• Keep Your Vehicle Organized: Store loose items securely to prevent reaching for objects that might roll around or fall during transit, eliminating a common cause of what is distracted driving.
• Avoid Multitasking: Save eating, grooming, reading, and other activities for before or after your trip, as attempting these while driving dramatically increases crash risk.
• Manage Cognitive Distractions: Practice mindful driving by actively focusing on the road and driving conditions rather than daydreaming or becoming lost in thought.
• Advocate for Others: Speak up when you notice your driver becoming distracted and encourage friends and family to adopt safe driving habits that minimize distractions.

At Kelner & Kelner, we've seen firsthand the devastating consequences of distracted driving accidents. While we're committed to representing victims, we believe preventing these accidents through education and awareness is equally important, especially during Distracted Driving Awareness Month.

Legal Consequences of Distracted Driving in New York

New York enforces stringent laws against distracted driving to protect road users and provide a framework for what is distracted driving from a legal perspective.

• Handheld Device Ban: Using handheld electronic devices while driving is strictly prohibited under New York law, with exceptions only for emergency communications with specific services.
• Texting Prohibition: New York explicitly bans texting while driving, considering it one of the most dangerous forms of distraction that frequently leads to cases requiring a distracted driving accident lawyer.
• Financial Penalties: First-time violations can result in fines ranging from $50 to $200, with subsequent offenses within 18 months carrying progressively steeper financial penalties up to $450.
• License Points: Distracted driving violations add 5 points to your driving record, potentially leading to license suspension if you accumulate 11 points within an 18-month period.
• Insurance Consequences: Distracted driving tickets typically trigger insurance premium increases averaging 19% to 23% in New York, creating long-term financial impacts beyond the initial fine.
• Probationary and Junior Drivers: New drivers face enhanced penalties, including mandatory 120-day license suspensions for first offenses and potential revocation for repeat violations.
• Criminal Liability: In severe cases where distracted driving causes serious injury or death, drivers may face criminal charges including negligent homicide, further emphasizing what is distracted driving's serious legal implications.
• Civil Liability: Beyond criminal penalties, distracted drivers who cause accidents can be held financially responsible for medical expenses, lost wages, pain and suffering, and other damages.

At Kelner & Kelner, we've helped numerous clients recover compensation after being injured by distracted drivers who violated these laws, demonstrating how these legal consequences serve both as deterrents and as foundations for injury claims.

Common Injuries Associated with Distracted Driving Accidents

At Kelner & Kelner, we've observed a wide range of injuries resulting from what is distracted driving incidents, many requiring extensive medical treatment and rehabilitation.

• Traumatic Brain Injuries: Sudden impacts in distracted driving accidents can cause concussions, contusions, or diffuse axonal injuries that may lead to long-term cognitive impairments requiring ongoing care.
• Spinal Cord Damage: Severe collisions often result in vertebral fractures or disc herniations that can cause partial or complete paralysis, fundamentally changing a victim's life and necessitating a distracted driving accident lawyer.
• Whiplash: The rapid back-and-forth movement of the neck during sudden stops or rear-end collisions causes soft tissue damage that can lead to chronic pain, limited mobility, and neurological symptoms.
• Bone Fractures: The force generated in distracted driving accidents frequently causes broken arms, legs, ribs, and facial bones that may require surgical intervention and extended physical therapy.
• Internal Injuries: Blunt trauma can damage vital organs like the liver, spleen, or kidneys, often resulting in internal bleeding that presents life-threatening complications if not promptly treated.
• Psychological Trauma: Beyond physical injuries, many victims develop post-traumatic stress disorder, anxiety, or depression following serious accidents caused by what is distracted driving.
• Lacerations and Burns: Broken glass, deployed airbags, and vehicle fires can cause severe cuts, abrasions, and burns that may require plastic surgery and result in permanent scarring.
• Wrongful Death: In the most tragic cases, distracted driving accidents claim lives, leaving families to cope with immeasurable grief and financial hardship after losing a loved one.

Our experienced attorneys understand how these injuries impact every aspect of your life and work diligently to secure compensation that addresses both immediate medical needs and long-term consequences of injuries caused by distracted drivers.

Establishing Liability in Distracted Driving Cases

When representing clients injured by distracted drivers, our attorneys at Kelner & Kelner focus on establishing the following elements:

1. Duty of care: All drivers have a legal obligation to operate their vehicles safely and attentively
2. Breach of duty: Engaging in distracted driving constitutes a breach of this duty
3. Causation: The distraction directly contributed to causing the accident
4. Damages: Our client suffered injuries and losses as a result

Evidence to prove distracted driving may include:

• Cell phone records showing activity at the time of the crash
• Witness statements describing the driver's behavior
• Video footage from traffic or security cameras
• Admission of distraction by the driver
• Police reports noting signs of distraction

Financial Compensation for Victims of Distracted Driving Accidents

Victims of accidents caused by what is distracted driving may be entitled to several types of financial recovery to address both economic and non-economic damages.

• Medical Expenses: Compensation covers all accident-related healthcare costs including emergency treatment, hospital stays, surgeries, medication, physical therapy, and future medical needs related to your injuries.
• Lost Income: Recovery includes wages lost during recovery as well as decreased earning capacity if your injuries prevent you from returning to your previous occupation or working at all.
• Pain and Suffering: Non-economic damages compensate for physical pain, discomfort, and reduced quality of life resulting from injuries sustained in a distracted driving accident.
• Emotional Distress: Victims can recover for psychological impacts such as anxiety, depression, PTSD, and sleep disturbances that often accompany serious injuries from what is distracted driving incidents.
• Property Damage: Compensation covers repair or replacement of your vehicle and any personal property damaged in the collision caused by a distracted driver.
• Rehabilitation Costs: Recovery includes expenses for occupational therapy, cognitive rehabilitation, adaptive equipment, and home modifications needed after serious injuries.
• Loss of Consortium: Spouses may receive compensation for the loss of companionship, affection, and support when a distracted driver seriously injures their partner.
• Punitive Damages: In cases involving particularly egregious behavior, additional compensation may be awarded to punish the distracted driver and deter others from similar conduct.

How a Distracted Driving Accident Lawyer Can Maximize Your Compensation

When you're injured by someone engaging in what is distracted driving, having dedicated legal representation significantly increases your chances of receiving fair compensation.

• Thorough Investigation: A distracted driving accident lawyer conducts comprehensive investigations, gathering police reports, witness statements, surveillance footage, and cell phone records to prove the driver was distracted at the time of the crash.
• Evidence Preservation: Our distracted driving accident attorneys act quickly to preserve crucial evidence like electronic data from vehicles, cell phone activity logs, and social media posts that might demonstrate distraction.
• Expert Consultation: We collaborate with accident reconstruction specialists, medical professionals, and economic experts who provide authoritative testimony about causation, injury severity, and financial impacts.
• Full Damage Assessment: Your distracted driving accident lawyer will meticulously document all damages, including future medical needs and earnings losses that might not be immediately apparent after the accident.
• Insurance Negotiation: We handle all communications with insurance adjusters, countering their tactics designed to minimize payouts with strategic negotiation based on documented evidence.
• Statute of Limitations Management: Our attorneys ensure all filings occur within New York's legal deadlines, protecting your right to pursue compensation when what is distracted driving causes serious injuries.
• Liability Establishment: We carefully construct your case to demonstrate how the defendant's distracted driving directly violated their duty of care and caused your injuries.
• Settlement Evaluation: Your lawyer provides objective guidance on whether settlement offers are fair or if litigation would likely yield better results based on the specific circumstances of your case.
• Trial Preparation: If fair settlement isn't possible, we prepare comprehensive trial strategies, developing compelling presentations that clearly demonstrate what is distracted driving and its consequences.
• Contingency Fee Arrangement: Kelner & Kelner represents distracted driving accident victims on a contingency basis, meaning you pay nothing unless we secure compensation for your injuries.

At Kelner & Kelner, our record of successful outcomes in distracted driving cases demonstrates our commitment to maximizing compensation for our clients while they focus on recovery from their injuries.

What To Do If Injured By a Distracted Driver

If you've been injured in an accident caused by what is distracted driving, taking the right steps immediately afterward can significantly strengthen your potential legal claim.

• Ensure Safety First: Move to a safe location if possible and check yourself and passengers for injuries that require immediate medical attention.
• Contact Police: Report the accident immediately so officers can document the scene, interview witnesses, and create an official police report that may note signs of driver distraction.
• Document Everything: Take photographs of the accident scene, vehicle damage, visible injuries, road conditions, and any evidence suggesting distraction such as food containers or visible cell phone use.
• Gather Witness Information: Collect names and contact details from witnesses who may have observed the driver texting, eating, or engaging in other distracting behaviors before the collision.
• Seek Medical Attention: Visit a doctor promptly even if injuries seem minor, as some serious conditions may not show symptoms immediately and medical records create crucial documentation for your case.
• Avoid Discussing Fault: Limit your communication with the other driver and never admit fault or make statements to insurance adjusters before consulting with a distracted driving accident lawyer.
• Preserve Evidence: Keep all accident-related items including torn clothing, damaged personal effects, and medical documentation that helps illustrate what is distracted driving's impact on your life.
• Track Expenses: Maintain detailed records of all accident-related expenses including medical bills, medication costs, transportation to appointments, and income lost due to missed work.
• Journal Your Recovery: Document your physical pain, emotional distress, and lifestyle limitations in a daily journal that captures how the injuries affect your daily activities and quality of life.
• Contact Legal Representation: Consult with a distracted driving accident lawyer as soon as possible to ensure evidence is preserved and your rights are protected throughout the claims process.

Take Action This Distracted Driving Awareness Month

If a distracted driver has injured you, don't face the legal process alone. Contact Kelner & Kelner today for a confidential consultation with our dedicated distracted driving accident lawyers. Let us handle your case while you focus on recovery.