Distracted driving, according to New York State laws, is defined as any activity that diverts a driver's attention away from the road. This includes texting, using a cell phone, eating and drinking, talking to passengers, grooming, reading, using a navigation system, or watching a video while driving. As you likely already know, In New York it is illegal for drivers to use handheld electronic devices while their vehicle is in motion.

Based on all currently available data, texting while driving is one of the most dangerous forms of distracted driving, as it requires visual, manual, and cognitive attention from the driver. If a driver is found to have been texting while driving and it resulted in an accident, it can significantly impact a potential personal injury case. Follow along with us as we expand on these concepts.

The Growing Problem of Distracted Driving

Distracted driving has become an increasingly common and deadly problem from the 2000s through the current day. With the widespread use of smartphones and other electronic devices, more and more people are engaging in distracted driving behaviors, such as texting, talking on the phone, and using social media while behind the wheel.

Working in the personal injury field, we have seen a notable increase in the number of cases involving accidents caused by distracted driving, and it is an obvious cause for concern, especially in a state as quick-moving as New York. Texting and driving, in particular, has become a leading cause of car accidents and has resulted in numerous injuries and fatalities.

So it stands to reason that when it comes to personal injury cases, evidence of texting and driving can be crucial in proving negligence on the part of the at-fault driver. This can include phone records, witness statements, and even data from the vehicle itself. We'll discuss this at more length later.

Cell Phone Usage and Distracted Driving

Drivers are often tempted to check text messages, make phone calls, and even use social media while behind the wheel, diverting their attention away from the road. Additionally, the use of GPS and other apps on cell phones further contribute to drivers being distracted.

With the prevalence of cell phone usage in our society, it is honestly worthwhile for both drivers AND pedestrians to be aware of the dangers and take necessary precautions to prevent accidents. You may be surprised by the significant increased dangers to pedestrians and bicyclists in recent years that have also been caused by distracted drivers.

Dangers of Texting While Driving

As discussed before, texting while driving is arguably the worst form of distracted driving because it combines visual, manual, and cognitive distractions all at once. When a driver is texting, their eyes are off the road, their hands are off the wheel, and their attention is diverted from the task of driving.

Studies have shown that texting while driving makes a driver 23 times more likely to be involved in an accident. This alarming statistic is a clear indicator of the devastating impact that texting while driving has on road safety.

How Distracted Driving is Seen in Personal Injury Cases

Distracted driving can play a significant role in influencing a legal case when it comes to establishing liability on the part of the person who was distracted. In a legal sense, distracted driving is seen as a breach of the duty of care that all motorists owe to others on the road.

When a driver is not fully focused on the task of driving, they are more likely to cause an accident and more likely to be found negligent in a personal injury case. This can greatly impact the outcome of the case and the potential compensation for the injured party.

What if a Person Who Causes an Accident Has Been Texting?

This can result in an ability to more quickly determine liability, and an increased point of leverage for determining the applicable damages in the accident case. In some cases, if it can be proven that the texting directly led to the accident, the individual may even be subject to punitive damages as a form of punishment for their reckless behavior, though this should not be any sort of regular expectation. This leads us to the necessity of obtaining any and all evidence that someone may have been engaging in texting while driving.

Is it Necessary to Prove That Someone Was Texting in an Accident?

To be completely honest, yes, it is extremely important to be able to prove that someone was texting while driving if you are pursuing a personal injury lawsuit against them. As previously discussed, it establishes negligence on the part of the driver, as texting while driving is a clear violation of traffic laws and a dangerous distraction.

Secondly, it very strongly indicates that the driver was not fully focused on the road at the time of the accident, making it easier to argue that their negligence directly led to the collision and your injuries.

Therefore, being able to prove that the at-fault driver was texting while driving can greatly enhance your chances of a successful personal injury case.

How Can I Get Evidence That Someone was Texting and Driving?

There are several means by which a person involved in a legal case can compel the evidence that a driver may have been texting and driving.

First, obtaining phone records through legal channels can provide evidence of whether the driver was using their phone at the time of the accident. This can be done through a series of motions for production of specific data, or subpoena/court order, compelling the driver or driver's phone carrier to release the records.

Additionally, potential witness testimony can be valuable in proving that the driver was using their phone at the time of the accident. Eyewitnesses who saw the driver texting or using their phone while driving can provide critical evidence to support the claim.

Furthermore, the use of experts can also be employed to analyze the driver's phone and/or vehicle to determine whether they were using it at the time of the accident.

In any case, it is essential for the individual involved in the legal case to work closely with their attorney to gather and present the necessary evidence to support their claim of texting and driving.