Distracted Driving Accident Lawyers in Albany

Threats Posed by Albany Distracted Drivers

The National Highway Traffic Safety Administration (NHTSA) takes driving distracted so seriously that it has created an extensive website at Distraction.gov. The site is devoted to educating the public about the threat of this form of reckless driving.

According to the NHTSA, about 3,328 people were killed in distracted driving crashes in 2012 – the most recent available statistics. An estimated 421,000 people were injured in crashes involving a distracted driver during the same year.

The NHTSA defines distracted driving as “any activity that could divert a person’s attention away from the primary task of driving.” This includes:

• Texting
• Using a cellphone or smartphone
• Eating and drinking
• Talking to passengers
• Grooming
• Reading
• Using a navigation system
• Watching a video
• Adjusting a radio, CD player, or MP3 player.

“[B]ecause text messaging requires visual, manual and cognitive attention from the driver, it is by far the most alarming distraction,” the NHTSA states.

Like other states, New York has taken steps to end the most dangerous kinds of distracted driving. Under New York State law, you cannot legally use a hand-held mobile telephone or send a text or e-mail while you drive.

The New York Governor’s Traffic Safety Committee’s SafeNY initiative also dedicates a page to Distracted Driving, Talking & Texting, with an explanation of the law and tips for avoiding driving distracted.

You may have seen the recent advertisements warning “U Drive. U Text. U Pay.” They are part of a campaign by the U.S. Transportation Department to urge you to put down your cellphone and pay attention to the road.

Distracted driving kills — plain and simple. The National Highway Traffic Safety Administration estimates that distracted driving accidents killed 3,328 people and injured 421,000 in 2012. These accidents were preventable.

U.S. Transportation Secretary Anthony Foxx announced the campaign against distracted driving in early April, which has been designated National Distracted Driving Awareness Month. The DOT is using radio, television and digital ads to drive home the message.

Texting and Other Distractions

The most frequently talked about distraction involves smartphones and mobile gadgets. Whether you are talking, texting or reading an email, those moments that your eyes or mind are not focused on the road could lead to a serious crash.

In New York, the number of tickets issued for texting violations increased from approximately 3,200 in 2010 to more than 30,000 in 2012, according to the N.Y. Highway Safety Annual Report. Lawmakers recognized the seriousness of car accidents in New York involving distracted drivers by increasing the severity of fines and penalties imposed for violation of New York’s cell phone and texting laws.

Texting isn’t the only distraction for drivers. Reaching for your phone, dialing and even listening to someone speaking can cause enough distraction to be dangerous. Research has shown that hands-free devices are hardly less distracting than hand-held ones, meaning that no type of phone use is safe behind the wheel.

What’s more, 25% of teens respond to a text message at least once every time they drive. And 20% of teens and 10% of parents admit to having extended text conversations while driving.

From 8 Tracks to the iPhone 7: Distracting Devices Through the Years

Many people believe that distracted driving accidents are a new phenomenon brought
on by the widespread use of cell phones behind the wheel. However, distracted driving is actually as old as the automobile itself.

The standard definition of distracted driving is allowing any action or device to divert one’s attention away from the primary task of driving.

In recognition of April’s Distracted Driving Awareness Month, we present the following historical glance at the many auto accessories and in-car activities that can fall within this broad definition.

Lights

Since the first electric headlights debuted in 1911, drivers have struggled to avoid being distracted by these and other lights on the exterior of automobiles.

Popular Mechanics reports that the first lights were not sealed well. So, they provided a tremendous amount of glare to oncoming traffic. Automakers began to equip cars with sealed beams in 1940.

Buick first offered flashing turn signals in 1938 as rear flashing lights, according to Motor Era. The lights were meant to capture drivers’ attention. In 1940, the flashing signal was extended to front lights, and the signal switch was given a self-canceling feature.

Cigarette Lighters

Another kind of light, the in-car cigarette lighter, debuted in 1925 as a cylindrical, removable plug typically found in the dash of a car, Motor Era reports.

Pushing in the plug activated an electrical coil. Once heated by the car’s battery, the coil could be pulled and used to light a cigarette.

However, in the process of lighting up, a driver would need to take his or her hands off the wheel and eyes off the road. The driver could also be distracted by sparks or falling ashes.

About Autos explains that, as cigarette smoking has waned, the 12-volt power outlet that was once used to light cigarettes has been transformed to a power outlet which is used for any number of distracting electrical devices. In fact, most cars today have multiple power outlets.

Wipers

When mechanical windshield wipers were added to a driver’s line of sight around 1913, many people feared their rhythmic motion would distract drivers and lull them into an almost trance-like state, according to this distracted driving history.

Today, automakers continue to work on wipers that come on automatically when needed, eliminating the minor but real driver distraction of finding and setting the wiper switch as rain obscures the view.

Music

The federal government’s distracted driving awareness website lists “adjusting a radio, CD player or MP3 player” among its examples of common driver distractions. Indeed, music players have been distracting drivers for more than 90 years.

The car radio debuted in the 1923 Springfield sedan as an option, according to Motor Era. It became successful commercially in 1930, Car and Driver states.

A few decades later, in 1955, Chrysler actually offered a small record player in its high-end cars, which played seven-inch recordings produced by the automaker, Car and Driver states.

The player combined the distraction of positioning a disc and needle with the diversion of reacting as records inevitably skipped in a moving vehicle. Needless to say, this feature did not last long.

Car and Driver reports that 8-track tape players – “a loser from the start” ­– debuted in Fords in 1965 and were gone by the early 1980s.

Cassette tape decks, smaller and harder to locate and manipulate while driving – especially if they were kept in their plastic cases – debuted in the 1970s.

The first in-dash CD players were introduced in 1985. Today, they are being replaced by docks for MP3 players, iPhones and other devices.

Food

Ray Kroc is well known for establishing McDonald’s and the fast-food industry in 1955. He introduced automation to the restaurant industry just as Henry Ford introduced the assembly line to car manufacturing.

Travelers in a hurry to get takeout burgers, fries and drinks and get back on the road were among Kroc’s first clientele for systemized, quick food service.

McDonald’s opened its first drive-thru window in 1975 to serve soldiers who were not permitted to get out of their cars while wearing fatigues. However, the History Channel credits the first drive-thru to an In-N-Out Burger in Baldwin Park, California, in 1948.

The drive-thru changed cars, too, the History Channel states. Cup holders were once a rarity in auto interior design. By the late 1980s, it was common for cars to feature front and back seat cup holders, making it easier to take hot coffee or other drinks along as a morning commute pick-me-up – but also an easily spilled distraction.

Maps

Gas station road maps – a comedy staple for their multiple folds that are never easy to follow – were first given away as advertising premiums in the early 1910s, according to Collectors Weekly.

Free state highway maps are still available but have evolved into computerized GPS (global positioning system) maps, which were installed in cars as high-end options as early as 1994.

Today, drivers may choose from in-dash GPS systems, portable GPS navigators or multiple options for GPS systems in smartphone apps. All require a driver to look away from the road as well as to program them with a destination.

Portable devices may be mounted on the dashboard or the inside of the windshield, where it obscures the view.

A full-featured aftermarket GPS unit may feature multiple distractions such as a trip computer, Bluetooth hands-free telephone capability, MP3 player and an FM transmitter.

Cell Phones

Cell phones have been driver distractions from the start. The Art Institute’s “History and Evolution of Cell Phones” reports that early cell phones “were considered to be ‘car phones,’ as they were too large and cumbersome to carry around in a pocket or purse.”

In 1983, the Motorola DynaTAC 8000x, “though huge by today’s standards,” was considered the first truly mobile phone because it was small enough to carry.

Early cell phones were just for talking, the Art Institute states. However, manufacturers realized they could integrate more and more technologies into phones. Gradually, features like paging, voicemail, address books and e-mail were added.

Today, cell phones are “multimedia tools.” They are used for surfing the web, checking e-mail, snapping photos, playing games, operating any number of apps, and updating social media sites.

Regardless of what you call it – GPS, phone or multimedia tool ­– to look down at a small screen and manipulate it as you drive takes your eyes from the road for enough time for your car to travel 100 yards or more.

Getting Legal Help Is Important

Distracted driving of any kind is a potentially deadly form of driving. The National Highway Traffic Safety Administration reports that more than 3,000 people are killed in the U.S. each year in distracted driving accidents – an estimated nine people every day.

Distracted driving that includes using a cell phone or any other portable electronic device is also illegal in New York State.

Increased Penalties for Distracted Drivers in New York

Many states and localities are boosting enforcement in April. Patrols in both New York are focused on catching drivers in violation of distracted driving laws. This means if you are bold enough to text and drive, you should be prepared to be pulled over. Effective in July 2013, the fines for cell phone and texting violations in New York increased to $150 for a first offense, $200 for a second offense and $400 for a third offense within 18 months.

Tips for Prevention

1. Put your phone out of reach if it is a temptation. Lock it in your glove box or your trunk until you reach your destination.
2. Speak up if you are riding with a driver who is texting.
3. Be a good role model to your children and other drivers. By refusing to drive distracted, you are setting a positive example.
4. If you are the parent or teacher of a teen driver, talk with him or her about the realities of distracted driving.

Our Albany Distracted Driving Law Firm Will Work With You

An additional way to fight driving distracted behavior is to hold a distracted driver accountable for any injuries or losses the driver causes.

A driver whose negligence – distracted driving – has caused a car accident may be held liable through a personal injury or wrongful death lawsuit.

A civil claim against a distracted driver may request compensation for medical expenses, property damage, lost income, pain and suffering and more. This applies to any form of distracted driving that leads to an accident – not just texting while driving or talking on a cell phone.

An attorney’s investigation into a car accident may demonstrate that driver distraction caused a crash. Evidence may include:

• Police report
• Witness (including passenger) statements
• Cell phone data showing conversations or text transmissions at or near the time of the crash
• Fast-food wrappers and/or time-stamped receipts indicating food purchases prior to the accident (indicating eating or drinking distractions)

Information from the vehicle’s Event Data Recorder (indicating a lack of braking – and lack of attention – just prior to the crash).

An attorney can analyze this evidence, consult with highly qualified experts and establish the best case possible for compensation through a settlement or verdict.