Long Island Distracted Driving Accident Lawyers

St. James, New York attorneys hold inattentive drivers accountable for injuries

Every driver has a duty to operate their vehicle with reasonable care. This includes screening out distractions in order to concentrate on the road. Unfortunately, too many motorists engage in activities that greatly increase the likelihood of an accident, particularly the use of cellphones and other handheld devices. At Jakubowski, Robertson, Maffei, Goldsmith & Tartaglia, LLP in St. James, our Long Island distracted driving lawyers fight to win crash victims the maximum amount of compensation possible. 

Distracted driving is a leading cause of Long Island motor vehicle accidents

Most Long Island auto accident result from driver errors, many of which can be traced to some form of distractive behavior. A recent report by the National Highway Traffic Safety Administration notes that New York traffic fatalities spiked from 2019 to 2022. On Long Island, there were 243 traffic fatalities in 2022, including 162 in Suffolk County and 81 in Nassau. 

Common distractions to Long Island drivers

Distractive behavior is any activity that takes a driver’s eyes and mind off the road and surroundings, even for a few seconds. Common driver distractions include:

• Talking on cellphones
• Texting and checking emails
• Eating or drinking
• Personal grooming
• Reaching for an object
• Adjusting a sound system
• Conversing with passengers

Distracted driving is particularly dangerous in high-speed driving, where every second counts in responding to traffic situations and road conditions.

Dangers of cellphone use while driving

Like many other states, New York prohibits use of cellphones and other handheld devices while driving, except in an emergency. The driver of a moving vehicle cannot:

• Talk or text on the phone
• Scroll apps or browse
• Communicate electronically 
• Read communications
• View or transmit images 
• Play games

Out of concern for accidents involving trucks, the law prohibits commercial drivers from using any phone even when stopped at a red light. 

Violations of the cellphone use law can result in fines and penalty points on the driver’s license, which can ultimately trigger a suspension. If an accident results, a violation can constitute negligence per se.

Can you share fault for a distracted driving accident?

Under New York law, a party who is injured in a car crash can share liability for the accident. New York operates under a pure comparative fault rule that allows an injured party to recover compensation for losses, even when they are partly at fault for the crash. However, the amount they can recover is reduced in proportion to their share of fault. A Long Island auto accident lawyer at our firm can work to rebut allegations of negligence that can potentially reduce your recovery.

How motorists can avoid distracted driving accidents 

Safe drivers should eliminate all potential distractions. You can do this by:

• Keeping your mind focused on driving
• Make adjustments of seats, mirrors, climate controls or sound systems before you begin moving 
• Avoiding eating, drinking or grooming while driving
• Keeping a tidy car, free of objects that could roll around
• Securing kids and pets before getting underway 
• Setting your cellphone aside or divert calls through your car’s audio system
• Pulling the car over if anything demands your attention

Although your precautions can’t prevent another driver from acting carelessly, you might be better able to avoid a collision.

Contact our Long Island auto accident lawyers for a free distracted driver consultation

The experienced attorneys at Jakubowski, Robertson, Maffei, Goldsmith & Tartaglia, LLP in St. James, New York represent victims of distracted driving accidents throughout Long Island. To learn more, call 631-360-0400 or contact us online to schedule an appointment.