What Is Distracted Driving?

At Trbovich Law Firm, we often receive inquiries regarding various aspects of driving law, especially as it pertains to the safety of our community in Buffalo, New York. One prevalent and important question that continues to be asked by countless drivers is, "what is distracted driving?". Since April is Distracted Driving Awareness Month, we though it would be helpful to go over this question. We'll cover why it's essential to understand what distracted driving is, its consequences, how it can affect you and others on the roadways, and when to get help from an attorney.

Understanding Distracted Driving

So, what is distracted driving? Distracted driving occurs when a driver diverts their attention away from the road, compromising both their safety and the safety of others. These risky driving behaviors can manifest in several ways, but it typically falls into three main categories: visual, manual, and cognitive distractions.

1. Visual Distractions: These are distractions that steal a driver’s sight from the road. Common examples include looking at a phone notification, checking maps for directions, or even taking a quick glance at the scenery, such as the beautiful views of Lake Erie from the Erie Basin Marina.
2. Manual Distractions: Manual distractions involve any activity that requires the driver to use their hands for something other than controlling the vehicle. This might include eating, drinking, or adjusting the radio while navigating the busy intersections near Buffalo's Delaware Park.
3. Cognitive Distractions: These refer to anything that takes a driver’s mind away from driving. Daydreaming, stress, or engaging in a deep conversation with passengers can pull focus from the essential act of driving, particularly on winding routes such as along the Niagara River.

The Rise of Distracted Driving

According to estimates provided by the National Highway Traffic Safety Administration (NHTSA), distracted driving is responsible for thousands of accidents annually, and this issue is just as critical in Buffalo as it is nationwide. With busy thoroughfares such as Main Street, which sees heavy traffic during rush hours, understanding what distracted driving is becomes crucial for all commuters.

In our daily practice, we’ve observed a significant increase in cases related to distracted driving. As cell phones and other gadgets become ubiquitous, the chances of accidents due to distracted driving continue to rise. In fact, according to local law enforcement reports, there has been a notable increase in accidents on highways like the I-190, which is a vital artery for those commuting to and from work or visiting iconic local destinations like the Buffalo Zoo.

Distracted Driving in New York State

In New York State, distracted driving is also growing concern, evidenced by alarming statistics that highlight the dangers associated with this behavior. According to the New York State Department of Motor Vehicles (DMV), in recent years, distracted driving has been a contributing factor in approximately 16% of all motor vehicle crashes, resulting in thousands of injuries and numerous fatalities.

In 2021 alone, over 25,000 crashes involved distracted driving, leading to more than 3,500 serious injuries and nearly 200 deaths. Despite ongoing public awareness campaigns and stricter laws—such as the prohibition of electronic devices—drivers continue to engage in distracting behaviors, emphasizing the need for greater education and enforcement to ensure safer roadways across the state. The statistics serve as a sobering reminder that even a moment's inattention can have devastating consequences for individuals, families, and communities throughout New York.

Implications for Young Drivers

Properly teaching novice drivers to avoid distracted driving is crucial for ensuring their safety and the safety of others on the road. Young and inexperienced drivers are particularly vulnerable to distractions, which can lead to dangerous situations and accidents.

By instilling safe driving habits early on, instructors can help these new drivers understand the significant risks associated with distracted behaviors, such as texting, using mobile devices, or engaging with passengers. Comprehensive traffic safety education, including practical strategies to minimize common distractions and the legal consequences of negligent driving, empowers novice drivers to make responsible choices behind the wheel. Ultimately, fostering a culture of attentiveness and caution among young drivers can significantly reduce the incidence of distracted driving and contribute to safer roadways for everyone.

Common Types of Distractions

Let’s explore some common causes of distracted driving that we often encounter:

1. Mobile Devices

Texting or talking on a cell phone is one of the leading causes of distracted driving. The temptation to check a message can sometimes outweigh the responsibility of driving, leading to dangerous situations on the road.

2. In-Car Distractions

Adjusting vehicle settings, programming GPS, or searching for music are dangerous distractions that seem minor, but they seriously undermine driver concentration. Imagine trying to find the perfect playlist while traversing the scenic routes by the Buffalo Outer Harbor.

3. Passengers

Interaction with passengers, especially in busy environments or during group outings, can divert attention away from the task of driving. It’s common to become engaged in conversation at the expense of staying alert on the road, particularly when driving through the bustling areas like Chippewa Street, famous for its nightlife and attractions.

4. External Distractions

Scenic views or sudden events, such as parades or sports events in places like LECOM Harborcenter, can lead to momentary lapses in focus, impacting the driver’s response to traffic situations.

Recent Distracted Driving Incidents in Buffalo

Reflecting on the issue of distracted driving, it's vital to consider specific incidents that have occurred in our very own Buffalo, New York. Each of these cases serves as a reminder of the tragic consequences that can result from a moment’s inattention on the road.

Case 1: Tragic Intersection Collision

Earlier this year, a serious crash occurred at the bustling intersection of Elmwood Avenue and Allen Street. The driver, allegedly distracted by their mobile phone, failed to yield to oncoming traffic, resulting in multiple injuries. Witnesses noted that the driver was looking at their wireless device just moments before the accident, illustrating the dangers of such distractions. Local authorities stress the importance of vigilance in busy areas where decisions must be made quickly.

Case 2: Family Van Tragedy

In another incident, a family waiting at a red light was struck by a driver distracted by their GPS. This collision caused serious injuries to several family members, including children. The family pursued legal action against the driver, emphasizing the need for accountability in distracted driving cases. At Trbovich Law Firm, we recognize that the trauma from such events extends beyond physical injuries to emotional and psychological impacts.

Case 3: Casualty in Transit

A recent case involved a delivery driver in downtown Buffalo who, distracted by a work notification, failed to notice a cyclist approaching. The collision resulted in severe injuries for the cyclist and raised important questions about workplace responsibilities regarding safe driving practices. This incident spurred community discussions on the necessity of educating people about the dangers of driver distractions.

Consequences Associated With Different Types of Distracted Driving

Distracted driving poses significant risks not only to the driver but also to passengers, pedestrians, and other road users. The consequences can be far-reaching and devastating, impacting lives and communities. Here are the specific consequences associated with distracted driving:

1. Injuries

Distracted driving is a leading cause of accidents, resulting in a wide range of injuries that can vary in severity. Common injuries sustained from distracted driving incidents include:

• Whiplash: A neck injury resulting from sudden movement in a crash.
• Fractures: Broken bones from collisions or impacts.
• Traumatic Brain Injuries (TBI): Resulting from a severe impact, leading to long-term cognitive or physical disabilities.
• Cuts and Bruises: These may seem minor but can require extensive medical treatment.

The physical injuries sustained can lead to long recovery times, surgeries, and significant medical expenses.

2. Fatalities

The most tragic consequence of distracted driving is the loss of life. According to the NHTSA, thousands of road and highway deaths occur each year due to distracted driving. Families are left to mourn loved ones, and communities experience profound grief in the aftermath of such preventable tragedies. In Buffalo, every fatal crash highlights the urgent need for greater attention and caution while driving.

3. Legal Consequences

Drivers who cause accidents due to distracted driving can face serious legal repercussions:

• Traffic Violations: Violation of New York laws prohibiting texting or handheld electronic device usage can result in fines, points on a driver’s license, or other penalties.
• Civil Liability: Injured parties can file lawsuits against distracted drivers for damages, including medical expenses, lost wages, and pain and suffering. Drivers found to be negligent may be required to compensate victims significantly.
• Increased Insurance Premiums: Convictions related to traffic violations can lead to higher auto insurance rates due to perceived risk, resulting in ongoing financial burden.

4. Emotional and Psychological Impact

The repercussions of distracted driving extend beyond physical injuries. Victims often face emotional and psychological challenges, including:

• Post-Traumatic Stress Disorder (PTSD): Survivors may experience anxiety, flashbacks, or panic attacks related to the accident.
• Depression: The aftermath of an accident can lead to feelings of sadness or hopelessness, affecting overall quality of life and relationships.
• Stress and Anxiety: The stress of managing recovery, legal proceedings, and financial strain can be overwhelming.

5. Impact on Families and Communities

Distracted driving accidents impact not just the individuals involved but also their families and communities. The effects can be wide-reaching:

• Loss of Income: Families may suffer financially if a breadwinner is injured or killed, affecting household stability and living standards.
• Community Resources: Local governments may need to allocate resources toward increased emergency response services, healthcare costs, and legal infrastructure to address the rise in accidents.
• Eroded Trust: Safety concerns can lead to reduced trust in public spaces. Community members may become more cautious or fearful, altering their daily routines.

6. Potential for Recidivism

Drivers who engage in distracted driving may not learn from their mistakes. This behavior can lead to repeat offenses, increasing the likelihood of further accidents and reinforcing a dangerous cycle. Continuous engagement in distracted driving behaviors not only treats the roads recklessly but demonstrates a lack of respect for the law and the community.

Promoting Safe Driving Practices

At Trbovich Law Firm, we believe in the power of education and awareness to combat the epidemic of distracted driving. Whether you are a student driving to Buffalo State College, a professional commuting to your job downtown, or a resident traversing to popular spots like the Buffalo Botanical Gardens, making conscious decisions to eliminate potential distractions can save lives.

Some practical tips include:

• Put Your Phone Away: Use "Do Not Disturb" modes or apps that limit notifications while driving. This technique can help keep your focus on road safety for yourself and others.
• Plan Ahead: Set your navigation before you start driving, or use a hands-free device like Bluetooth. If you need to adjust routes or destinations, pull over safely at a safe location to do so.
• Limit Passenger Interaction: If possible, keep conversations brief and relevant to driving. Distractions from multiple passengers can derail your concentration.
• Be Aware of Your Surroundings: Stay vigilant and aware of your environment, especially in busy areas like the Waterfront or during events at venues such as KeyBank Center.

How Trbovich Law Firm Can Help

If you have been involved in an accident caused by a distracted driver or if you find yourself grappling with the repercussions of your own distracted driving, it’s crucial to understand your rights. As dedicated distracted driving and personal injury lawyers covering all seven counties in Western New York, Trbovich Law Firm is here to assist you in navigating the complexities of your situation. Our team is ready to provide legal guidance, work to establish liability, and fight to ensure you receive the compensation you deserve for your injuries. Contact us today for a free consultation.