Liability Issues in Distracted Driving Car Accident Cases

Distracted driving is a pervasive issue that significantly contributes to car ccidents in New York City as well as around the country. In the United States alone, thousands of accidents occur annually due to driver distractions leading to severe injuries, fatalities and considerable financial losses. At the heart of these incidents lies the complex legal framework governing liability, which determines who is responsible for damages and under what circumstances. Understanding liability issues in distracted driving car accidents requires an understanding of negligence (carelessness), contributory factors and the implications for drivers, passengers, and other road users.

What is Distracted Driving?

Distracted driving involves any activity that diverts attention from the primary task of driving. Common distractions include texting or using a cell phone, eating and drinking, talking to passengers, adjusting the radio or using in-car technologies such as navigation. The National Highway Traffic Safety Administration (NHTSA) identifies three main types of distractions:

Visual: When a driver takes his or her eyes off the road.
Manual: Removing hands from the wheel.
Cognitive: Focusing on anything other than driving.

Texting while driving combines all three types of distractions, making it one of the most dangerous behaviors on the road. When accidents occur due to distractions, establishing liability typically involves determining the extent to which the driver’s distraction contributed to the crash.

Legal Framework for Liability

Liability in distracted driving accidents generally hinges on the concept of negligence (carelessness). Negligence occurs when a driver fails to exercise reasonable care, resulting in harm to others. To determine negligence (carelessness), the following elements are established:

Duty of care: All drivers owe a duty of care to others on the road, including pedestrians, cyclists, and other drivers.
Breach of duty: Distracted driving constitutes a breach of this duty, as it compromises the safety of road users. The plaintiff must demonstrate that the driver’s distraction directly caused the accident and that they suffered actual damages, such as medical expenses, property damage, or emotional distress.

Evidence in Distracted Driving Cases

Proving liability in distracted driving cases requires robust evidence. Common sources of evidence include:

Mobile phone records: These can reveal whether the driver was texting or calling at the time of the accident.
Witness testimonies: Passengers, other drivers, or bystanders may have observed the driver’s distracted behavior.
Surveillance footage: Cameras at intersections or nearby businesses may capture the moments leading to the crash.
Vehicle data: Modern vehicles also come equipped with recorders that store data about driver behavior, such as sudden braking or steering patterns.
Police Reports: Officers at the scene may document signs of distraction, such as an open phone app or spilled food.

Employer Liability in Distracted Driving Cases

In certain situations, an employer may be held liable for accidents caused by an
employee’s distracted driving under the doctrine of vicarious liability. This occurs when the employee was acting within the scope of their employment at the time of the accident.

For example, if a delivery truck driver causes an accident while texting a supervisor, the employer may share liability. Companies may also face direct liability if they fail to enforce policies against distracted driving or require employees to use mobile devices while driving.

Contacting an Experienced Lawyer

If you or a loved one has been injured in a car accident or pedestrian accident, or if you have lost a loved one in an auto accident caused by a negligent (careless) driver, the experienced New York personal injury attorneys at the Law Offices of Kenneth A. Wilhelm can help you better understand your legal rights and options, and also fight hard to recover just compensation for you.

For over 53 years, our skilled accident attorneys have established a proven track record of helping injured victims get fair compensation for their losses. We recently recovered $5,600,000 for a bicyclist who was hit by a van, and $2,550,000 for another victim of a truck accident, and $3,000,000 for a pedestrian who was hit by a car, and $2,000,000 in a hit-and-run accident, and the full $1,000,000 insurance policy for a pedestrian who was hit by a truck, and $4,625,000 for a driver who was in a car and was hit by a van, and $2,500,000 for a man who fell through an improperly secured hole. Also, one of our clients obtained a verdict for $43,940,000 and another of our clients got a verdict for $23,500,000, both in medical malpractice cases.

Please contact us TOLL FREE 24 hours a day, 7 days a week at 1-800-WORK-4-YOU (1-800-967-5496). WE CAN EVEN COME TO YOU. There is no attorneys’ fee unless we recover money for you. We can also help with personal injury, lead poisoning and medical malpractice cases including, brachial plexus palsy (Erb’s palsy) and cerebral palsy cases in New York, New Jersey, Connecticut, Pennsylvania, or Florida. If you have been seriously injured in any of the 50 U.S. states, please call us and we will try to help you with your case.

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