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Injured By a Distracted Driver...

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Injured By a Distracted Driver? What to Know

  • April 14, 2016

The majority of U.S. drivers use their phones behind the wheel. This is according to the latest data from the AAA Foundation for Traffic Safety, and it is just one of numerous sobering statistics about the prevalence of distracted driving in the United States. Did you know that:

  • At any moment during the day, more than 600,000 drivers are using their phones behind the wheel.
  • Studies have found that cell phone use causes greater impairment than intoxication above the legal limit, and the National Highway Traffic Safety Administration (NHTSA) says that texting and driving is six times more dangerous than driving while intoxicated.
  • Despite the fact that vehicles are getting safer and drunk driving is on the decline, overall accident numbers are rising. Many attribute this phenomenon to the continuing increase in distracted driving.

As a result, if you have been injured in an accident that wasn’t 100 percent your fault, there is a good chance that it was caused – at least in part – by a distracted driver. At Stenger, Roberts, Davis & Diamond, LLP, we help distracted driving victims and their family members seek fair compensation for their losses.

What Victims Need to Know About Distracted Driving Accidents

1. If You Have Been Injured or a Loved One Has Been Killed By a Distracted Driver, You Have the Right to Seek Compensation.

Under New York law, distracted drivers will often be legally accountable for the losses sustained by accident victims and their families. All drivers in New York owe a duty of care to other motorists, and this duty requires drivers to remain focused on the road at all times. At highway speeds, a car can travel the length of a football field in the time it takes to read a text message. This is a long way for someone to drive without looking at the road.

2. Lawyers Can Subpoena Phone Records to Prove that a Driver was Distracted.

If you are wondering how it is possible to prove that a driver was distracted, the answer is that lawyers have the ability to subpoena phone records in order to see whether a driver was talking on the phone or texting at the time of the accident. Piecing together information from the driver’s phone records, the police report, and other evidence, it is often possible to paint a clear picture of the events leading up to a vehicle collision.

3. A New Law May Soon Make it Easier to Hold Distracted Drivers Accountable.

In April of this year, state legislators in Albany proposed a new bill that, if passed, will allow police officers to use a new technology – dubbed the “Textalyzer” – that can detect whether a mobile device was being used at the time of an accident. While not a substitute for obtaining phone records, this Textalyzer technology could add yet another tool to injury victims’ chests for seeking the compensation that they deserve.

Stenger, Roberts, Davis & Diamond, LLP | Auto Accident Lawyers in the Hudson Valley

If you have been injured or lost a loved one in a distracted driving accident, it is important to stand up for your legal rights. At Stenger, Roberts, Davis & Diamond, LLP, we can help. To schedule a free, no-obligation consultation about your distracted driving claim, please call (866) 290-6929 or send us a message online today.

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