Social Media Use in Syracuse, New York, Car Accidents

Jed Dietrich, Esq., Recognized as a Super Lawyer, is Committed to Providing Peerless Personal Injury Service. If You or a Loved One Has Been Injured in a Distracted Driving Car Accident That Was Not Your Fault, the Dietrich Law Firm P.C. Could Help You Investigate Your Collision and Begin Asserting Your Rights to a Fair Recovery.

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Smartphones and social media help us stay in touch with friends and family, but they can present a very real and incredibly potent set of risks when used behind the wheel of a moving vehicle.

You should not have to pay the price for a distracted driver’s mistake. For nearly 20 years, the Dietrich Law Firm P.C. has fought to protect the rights of car accident victims in Syracuse and throughout the region. A recognized U.S. News & World Report Best Law Firm, we have helped our clients obtain more than $250 million in damages. We could help you, too.

Please send us a message online or call us at 1-866-529-5334 to speak to a car accident attorney near Syracuse and schedule your free, no-obligation consultation.

Social Media And Distracted Driving Defining “Distracted Driving”

The federal Centers for Disease Control and Prevention defines distracted driving as “any activity that takes a driver’s attention away” from the road. Distractions typically fall into the following three categories:

1. Visual distractions, or distractions that take a driver’s eyes off the road;
2. Manual distractions, or distractions that take a driver’s hands away from the wheel; and
3. Cognitive distractions are distractions that take a driver’s mind off driving.

Some distractions, including social media use, combine elements of each category.

Traffic fatalities have declined over the course of the past several years, but experts believe that cell phone and social media use are causing more collisions than ever before. According to some studies, “distracted driving” is now cited as a contributing factor in nearly as many crashes as “drunk driving.”

How Social Media Use Can Cause Car Accidents

Social media use is a type of distracted driving, and it can take many different forms. These could include, but are not limited to, the following:

1. Scrolling through a social media feed;
2. Watching reels on YouTube, Instagram, or TikTok;
3. Posting comments on content or sending messages to friends;
4. Taking pictures, shooting videos, or editing content; and
5. Video-calling friends or relatives.

Most people recognize that talking or texting behind the wheel is dangerous, yet a significant percentage of motorists admit to using electronics while driving. Even though teenagers seem to engage in these activities at a higher rate than older adults, problematic smartphone use is prevalent across almost every age group.

A growing body of research points toward what should be a common-sense conclusion: talking on the phone, sending messages, or looking at images while driving is inherently unsafe. It increases reaction times and could increase motorists’ risk of an accident by more than 2000%.

Your Rights After A New York Distracted Driving Car Crash

You do not have to bear the burden of another driver’s negligence.

In New York, injured motorists often have a right to recover damages after being injured in an accident caused by social media use, texting, or any other form of distracted driving. Damages, whether obtained through an insurance settlement or in trial, can make the difference between a period of prolonged financial hardship and the ability to reclaim your independence.

However, taking another driver to court is not always easy. Even if you know that they broke the law, New York’s courts set a high standard for distracted driving lawsuits.

New York Law On Cell Phones And Social Media

New York, like many other states, enforces a “hands-free” policy when it comes to using smartphones behind the wheel. This policy is codified in New York Vehicle & Traffic Law § 1225-c and New York Vehicle & Traffic Law § 1225-d, which set the following restrictions on electronic devices:

1. New York Vehicle & Traffic Law § 1225-c (VTL 1225-c): Motorists cannot legally “operate a motor vehicle upon a public highway while using a mobile telephone to engage in a call” while driving.
2. New York Vehicle & Traffic Law § 1225-d (VTL 1225-d): Motorists cannot legally “operate a motor vehicle while using any portable electronic device while the vehicle is in motion.”

Although New York law provides several exceptions to its hands-free-driving rule, most of these exceptions relate to communications with emergency services, not casual social media use.

The Empire State’s “Serious Injury” Threshold

Since New York is a no-fault insurance state, drivers are expected to submit an initial claim to their own insurance company before taking their case to court. However, if a driver has suffered “serious injuries” and sustained losses beyond the limits of their coverage, they are typically entitled to seek additional damages by filing a personal injury lawsuit against the person or party who caused their accident.

In New York, a “serious injury” is defined by NY Ins. Law § 5102(d). It includes any injury that causes, or involves, the following:

1. Dismemberment;
2. Significant disfigurement;
3. Fractured or broken bones;
4. Loss of a fetus;
5. Permanent use of a body organ, system, or function;
6. Permanent limitation or impairment to a body organ, system, or function;
7. A significant but temporary limitation or impairment to a body organ, system, or function;
8. A medically significant injury that is not disabling or permanent but which prevents a person from completing ordinary activities for at least 90 out of the 180 days following an accident; and

If and when accident victims sustain serious injuries through no fault of their own, they may typically file a personal injury lawsuit to recover any applicable economic and non-economic damages.

The 4 Elements of a Personal Injury Lawsuit

You have a right to file a personal injury lawsuit if a driver’s social media use caused an accident resulting in serious injuries, but litigating a case and obtaining fair damages necessitates building a robust and evidence-based claim for compensation.

Any personal injury lawsuit filed in Syracuse, the Onondaga County Supreme Court, or another jurisdiction will typically require establishing each of these four elements:

1. Duty of Care: A duty of care is a legal obligation to act reasonably and in a manner unlikely to cause an accident or otherwise bring harm to others.
2. Breach of Duty of Care: A driver breaches their duty of care by acting negligently. If another motorist is using social media in Downtown Syracuse traffic or video-calling a friend on the New York Thruway, they have likely breached their duty of care by violating state law.
3. Causation: You can only recover damages if the other driver’s negligence was the direct cause of your injuries. In other words, another driver’s use of social media is not sufficient evidence of negligence; you must be able to provide evidence showing that you would not have been injured if not for their actions.
4. Damages: Courts can only award damages if an accident causes serious injuries, significant economic impairment, or other forms of compensable loss. Furthermore, your claim for damages must be reasonable; you will need to provide evidence of your financial losses. This can be extraordinarily difficult, as defense attorneys and insurance companies frequently challenge these sorts of calculations.

You do not have to risk your rights or take chances with your recovery.

Since our founding in 2005, the Dietrich Law Firm P.C. has fought to defend the rights of car accident victims in Syracuse and across the region. Our experienced team of car crash lawyers knows what it takes to build a compelling case for recompense, and we have the results to prove it. Please send us a message online, or call us at 1-866-529-5334 to speak to a personal injury attorney and schedule your 100% free, no-obligation consultation as soon as possible.

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Call the Dietrich Law Firm P.C. immediately at 1-866-529-5334 so that our aggressive, tenacious, and hardworking personal injury lawyers can fight to obtain the best result for your personal injury claim in Syracuse, New York. We are available 24 hours a day, 7 days a week, and there is never a fee until we WIN for you!

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