Buffalo Distracted Driving Accident Lawyers
Thousands of people are killed every year in the U.S. because of distracted driving. These crashes are entirely preventable, and people who suffer injuries because of another driver’s distraction have the right to demand compensation for the costs of their injury-related expenses.
The Buffalo distracted driving accident lawyers at Hiller Comerford are proud to stand up for the rights of people injured by someone else’s negligence. If you’ve been injured by a distracted driver, you need an advocate who can handle every aspect of your case so you can focus on your health.
Contact us today for a free consultation.
Understanding Distracted Driving
Many people associate distraction with the use of mobile devices, and while that represents a large part of the problem, distraction behind the wheel can include several other common behaviors.
Types of Distracted Driving
Distracted driving refers to any activity that diverts attention from the road, compromising safety. It generally falls into three categories:
- Visual Distractions: Taking your eyes off the road, such as looking at a phone or GPS
- Manual Distractions: Removing your hands from the wheel, like eating or adjusting the radio
- Cognitive Distractions: Letting your mind wander while driving, such as daydreaming or engaging in intense conversations
Common Examples of Distracted Driving Behaviors
Distracted driving manifests in various forms, including but not limited to:
- Texting or using a mobile device (calling, browsing, gaming, or video chatting)
- Eating or drinking, particularly messy or time-consuming foods
- Personal grooming, like applying makeup or combing hair
- Reaching for items, such as a bag or dropped object in the car
- Adjusting in-car controls, including music systems or climate settings
- Engaging with passengers, especially during emotional or heated discussions
New York State Distracted Driving Laws and Penalties
New York State enforces strict laws to deter distracted driving, focusing primarily on the use of handheld devices. These laws address:
- Prohibited Activities: It is illegal to hold and use any portable electronic device while driving, including for texting, emailing, browsing, playing games, or capturing images. Emergency calls (e.g., 911) are exceptions.
- Penalties for Violations:
- First offense: Fines range from $50 to $200.
- Second offense within 18 months: Fines range from $50 to $250.
- Third or subsequent offense within 18 months: Fines range from $50 to $450.
- An additional surcharge of up to $93 applies to all offenses.
- Driver Record Impact: Each conviction adds 5 points to the driver’s record. Accumulating 11 points within 18 months may lead to license suspension.
- Junior Drivers:
- First texting or phone use conviction results in a 120-day suspension for those holding a learner’s permit or probationary license.
- A second offense within six months of reinstatement leads to a one-year revocation.
New York also designates specific “Texting Zones” along highways where drivers can safely stop to use their devices, further promoting responsible behavior on the road.
Injuries Commonly Caused by Distracted Driving
Distracted driving significantly increases the risk of accidents, often resulting in severe injuries that can impact victims’ lives long-term. Below are some of the most common injuries caused by distracted driving:
Head Injuries and Traumatic Brain Injuries (TBIs)
Collisions caused by distracted driving frequently result in head trauma, ranging from concussions to severe TBIs. These injuries can occur when a victim’s head strikes a hard surface like the steering wheel, dashboard, or window. Symptoms of TBIs include headaches, memory loss, difficulty concentrating, and, in severe cases, permanent cognitive or physical impairment.
Spinal Cord Injuries and Back Injuries
The impact of a distracted driving accident can cause significant damage to the spinal cord and back. These injuries may result in herniated discs, fractures, or, in severe cases, partial or complete paralysis. Even less severe back injuries can lead to chronic pain, reduced mobility, and long-term treatment needs.
Broken Bones and Fractures
High-impact collisions often cause broken bones or fractures, affecting areas like the arms, legs, ribs, or pelvis. These injuries can be incredibly painful and may require surgery, physical therapy, and extensive recovery time.
Internal Injuries and Soft Tissue Damage
Blunt force trauma from a crash can cause internal bleeding and damage to vital organs, such as the lungs, liver, or spleen. Soft tissue injuries, including sprains, strains, and torn ligaments, are also common and can lead to ongoing pain and limited mobility.
Psychological Trauma (Anxiety, PTSD)
Beyond physical injuries, many victims of distracted driving accidents experience significant emotional and psychological effects. Anxiety, depression, and post-traumatic stress disorder (PTSD) are common, especially if the accident was particularly severe or life-threatening. These conditions can impact daily life and require professional mental health treatment.
Proving Liability in Distracted Driving Cases
Establishing liability in distracted driving cases requires a thorough investigation to demonstrate the driver’s negligence. This often involves collecting evidence like phone records, which can show whether the driver was texting or making a call at the time of the accident.
Witness testimony can also establish details about the driver’s behavior, while police reports and dashcam footage provide additional documentation of the events leading to the crash. In more complex cases, accident reconstruction experts may play a critical role by analyzing the scene, vehicle damage, and other factors to piece together how the accident occurred.
Hiring an experienced car accident lawyer will help ensure you have the strongest possible case. An attorney can gather and organize evidence, consult with experts, and negotiate effectively with insurance companies or opposing parties to pursue the compensation you deserve.
Compensation for Distracted Driving Accident Victims
Victims of distracted driving accidents may be entitled to various forms of compensation to help them recover physically, emotionally, and financially. Here are some of the key types of compensation available:
- Medical Expenses (Past and Future): Compensation can cover the cost of emergency medical care, hospital stays, surgeries, rehabilitation, physical therapy, medication, and any necessary future medical treatments related to the accident.
- Lost Wages and Lost Earning Capacity: Victims who are unable to work due to their injuries may be compensated for lost income. If the injuries result in a long-term or permanent inability to perform their job or reduce earning potential, compensation for lost earning capacity may also be pursued.
- Pain and Suffering: Non-economic damages may be awarded for physical pain, emotional distress, and the overall impact of the accident on the victim’s quality of life. This can include compensation for anxiety, depression, and other mental health challenges resulting from the accident.
- Property Damage: Victims can seek reimbursement for the repair or replacement of their vehicle and any other personal property damaged in the crash.
If you’ve been injured in a distracted driving accident, the attorneys at Hiller Comerford are here to help you seek the compensation you deserve. Contact us today for a free consultation to discuss your case and options.
Why Choose Hiller Comerford?
At Hiller Comerford Injury & Disability Law, we are committed to providing compassionate, effective representation to clients injured in distracted driving accidents. Here’s why clients in Buffalo and beyond choose us to advocate for their rights:
- Experience and Expertise in Handling Distracted Driving Cases
With decades of experience representing personal injury victims, our attorneys have the knowledge and skill to handle even the most complex distracted driving cases. We know what it takes to gather evidence, build a strong case, and negotiate with insurance companies to secure the compensation our clients deserve. - Client-Focused Approach and Dedication to Maximizing Compensation
At Hiller Comerford, our growing firm remains dedicated to providing personal attention to every client. When you choose us, you’ll work directly with an attorney who takes the time to understand your story, needs, and goals. Our contingency fee structure ensures you have access to top-tier legal representation with no upfront costs—if we don’t win your case, you don’t pay. - Local Knowledge of Buffalo Courts and Laws
As a Buffalo-based firm with multiple offices in the region, we have deep familiarity with local courts, judges, and New York State laws. This insight enables us to effectively navigate the legal landscape and advocate for our clients in the community we call home.
Contact Our Buffalo Distracted Driving Accident Lawyers Today
If you or a loved one has been injured in an accident caused by distracted driving, the experienced attorneys at Hiller Comerford understand the profound impact these injuries can have.
We are committed to helping you secure the compensation needed to cover medical expenses, lost wages, and emotional distress. Contact us today to discuss your case and begin the path toward recovery.
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