Cheektowaga Distracted Driving Accident Lawyers

Distracted driving remains one of the most dangerous behaviors on American roads, and Cheektowaga is no exception. When a driver takes their eyes off the road—even for a few seconds—to check a text message, adjust navigation, or respond to a notification, they put everyone around them at serious risk, and the consequences of that momentary lapse in attention can devastate everyone around them. 

Victims of distracted driving accidents often face mounting medical bills, lost wages, and long-term physical and emotional trauma that affects every aspect of their daily lives. Let us help you understand your rights and how to pursue compensation after an accident caused by a distracted driver.

What Is Distracted Driving Under New York Law?

New York defines “distracted driving” as “any activity that diverts a driver's attention away from safely operating their vehicle, whether that distraction is visual, manual, or cognitive in nature.” Under New York Vehicle and Traffic Law, certain actions are explicitly illegal while driving, including texting, reading messages, and talking on a handheld phone. 

That said, distracted driving goes beyond just cellphone use—it also includes eating, drinking, adjusting vehicle controls, or daydreaming behind the wheel, all of which can lead to catastrophic accidents.

New York was the first state in the nation to prohibit the use of handheld cellphones while driving, via a law that was signed in June 2001 and went into effect on November 1, 2001. Texting while driving was later banned for all drivers starting in November 2009, and the law was strengthened in 2011 when it became a primary offense carrying five points on a driver's license. 

Despite these laws, distracted driving remains a leading contributing factor in crashes throughout New York State: During the 2024 Thanksgiving STOP-DWI enforcement period, law enforcement issued more than 1,700 distracted driving tickets statewide.

How Common Are Distracted Driving Accidents?

The statistics surrounding distracted driving are alarming and continue to represent a significant public safety concern. According to the National Highway Traffic Safety Administration (NHTSA), in 2023, there were 3,275 people killed and an estimated 324,819 people injured in motor vehicle crashes involving distracted drivers. Eight percent of all fatal crashes that year were reported as distraction-affected, and an estimated 13% of all police-reported crashes involved some form of distracted driving.

Young drivers are particularly vulnerable to the dangers of distracted driving because they tend to be less experienced behind the wheel. Drivers aged 15 to 20 had the highest proportion of distraction among all age groups involved in fatal crashes, with 7% of drivers in that age range confirmed as distracted at the time of the collision. In Cheektowaga specifically, busy intersections and highway ramps have been identified as high-risk areas for serious collisions, often involving speeding and inattentive driving that could have been prevented.

What Penalties Do Distracted Drivers Face in New York?

New York imposes significant penalties for distracted driving violations, and these penalties escalate with each subsequent offense. For a “first offense,” drivers face fines ranging from $50 to $200, along with five points on their license, which can affect insurance rates for years. A “second offense” within 18 months increases the maximum fine to $250, and a “third offense” can result in fines up to $450—plus, all violations carry a surcharge of up to $93.

Penalties are even stricter for younger drivers who are still learning the responsibilities that come with operating a vehicle. Probationary and junior drivers who receive a cellphone ticket face a 120-day license suspension for a first offense, which can significantly impact their ability to get to school or work. A second offense within six months of license reinstatement results in a one-year revocation of their driving privileges. 

Beyond these administrative penalties, all distracted drivers who cause accidents can be held civilly liable for all damages resulting from their negligence.

What Types of Injuries Result From Distracted Driving Crashes?

Distracted driving accidents often occur at high speeds because the inattentive driver fails to brake or react in time, and this delay frequently results in more severe impacts than other types of collisions. The injuries that result from these crashes can include life-altering traumatic brain injuries, spinal cord damage and paralysis, broken bones and fractures, internal organ damage, whiplash and soft- tissue injuries, lacerations and permanent scarring, and psychological trauma, including post-traumatic stress disorder.

The severity of these injuries frequently requires extensive medical treatment, rehabilitation, and ongoing care that can last months or even years. Victims may be unable to work for extended periods of time or even permanently, which compounds the financial burden on their families and makes it difficult to maintain financial stability while focusing on recovery.

What Compensation Can Victims Recover After a Distracted Driving Accident?

Victims of distracted driving accidents in Cheektowaga and throughout New York may be entitled to recover compensation for both “economic” and “non-economic” damages, depending on the circumstances of their case. ‘Economic’ damages include medical expenses, both past and future, lost wages, lost earning capacity, property damage, and rehabilitation costs, while ‘non-economic’ damages cover pain and suffering, emotional distress, loss of enjoyment of life, and loss of consortium.

New York operates under a “comparative negligence system,” meaning that even if a victim is partially at fault for an accident, they can still recover damages; however, their recovery will be reduced by their percentage of fault. 

How Can a Lawyer Help After a Distracted Driving Accident?

Proving that a driver was distracted at the time of a crash requires thorough investigation and evidence gathering, and an experienced personal injury lawyer has the resources and knowledge to conduct this type of comprehensive review. A lawyer can subpoena cellphone records to determine if the at-fault driver was texting or using their phone at the moment of impact, as well as review police reports, interview witnesses, obtain surveillance footage, and work with accident reconstruction specialists to establish liability.

Insurance companies often try to minimize payouts or deny claims entirely, but legal representation levels this playing field and helps victims receive fair compensation for their injuries. Lawyers handle negotiations with insurance adjusters, file court documents when necessary, and represent clients at trial if you cannot reach a fair settlement through negotiation.

Contact Our Cheektowaga Distracted Driving Accident Lawyers at Dan Chiacchia Injury Attorneys to Get the Compensation You Deserve

If you or a loved one has been injured in a distracted driving accident in Cheektowaga, you deserve dedicated legal representation that fights for your rights and holds negligent drivers accountable for the harm they cause. Get in touch with our Cheektowaga distracted driving accident lawyers at Dan Chiacchia Injury Attorneys today. For a free case review, call us at 716-648-3030 or fill out our online contact form. Located in Hamburg, New York, we proudly serve clients in the surrounding areas.