Every year, hundreds of New Yorkers are injured in auto accidents by drivers whose attention is anywhere but on the road. Devices like smartphones and other in-car entertainment systems take drivers’ eyes away from the road, resulting in serious crashes. At Gelber & O’Connell, LLC will help uncover whether distracted driving played a role in the collision and are dedicated to helping those who were harmed by such distracted drivers. Give us a call today to speak with our car accident attorneys. We proudly offer services throughout the Amherst, NY and the surrounding areas communities.

Distracted Driving Laws

As of 2012, the vast majority of states have enacted laws targeting distracted driving, with an emphasis on curbing texting while driving. New York passed its law in July, 2011 and currently has the strictest laws in the country. It is now a primary offense for drivers to use hand-held devices while the vehicle is moving. “Use of a hand-held device” includes talking on the phone, composing, sending, reading, accessing, browsing, transmitting, saving or retrieving email, text messages or Web pages and, additionally, viewing, taking photos or transmitting images and playing games. “Primary offense” means police can pull over and cite a driver simply for using a hand-held device, without needing to find another reason to pull over the driver. The current laws still allow drivers to use hands-free devices, although there are ongoing discussions in Albany to curb even hands-free usage, as it too can be distracting.

Penalties include fines ranging from $50 to $400 and an automatic penalty of 5 points on your driver’s license.

Effective in November, 2014, penalties were added for young and new drivers (under the age of 21), which are even tougher. In addition to the above, license suspension ranging from 120 days to one full year is required.

Despite the law, many drivers continue to drive while distracted. Accidents still occur at a high rate as drivers fail to comply with the law. As skilled personal injury lawyers, we will promptly investigate the accident, obtain cellphone records and analyze them to find out if the driver who hit you was on the phone at the time of the accident. If so, your claim immediately becomes stronger.

When Should You Call Our Car Accident and Injury Attorneys?

While cellphone use is perhaps the most frequent form of distracted driving, there are many other behaviors that result in auto accidents every year. At Gelber & O’Connell, LLC, our personal injury attorneys will be able to assist you with claims involving distracted drivers including:

• Eating or drinking in the car
• Adjusting the radio
• Programming navigation systems
• Arguing with vehicle occupants
• Disciplining children
• Putting on makeup or fixing your hair

When you turn to our law firm, you can be confident that our personal injury attorneys will thoroughly investigate the crash, with the help of experts whenever necessary. Insurance companies know that we do not take on frivolous cases and are prepared to litigate to conclusion those cases we do accept. Our reputation for handling serious injury claims and taking them all the way through trial, if necessary, often leads insurers to offer maximum settlements to our clients. If you were involved in an auto accident caused by someone else’s distracted driving, give our car accident and injury attorneys a call today. We proudly provide services to Lancaster, Cheektowaga, West Seneca, Clarence, Niagara Falls, Tonawanda, Amherst, NY, and the surrounding areas.

What to Expect from Working with a Car Accident Attorney

To the extent you are not sure as to the process after you have contacted a car accident attorney, rest assured that we have the credentials and experience to successfully handle your case. Here is what you should expect us to be:

• Knowledgeable: To successfully practice personal injury law in Western New York, an attorney must be familiar with state law, case law, and the local court systems. We have years of experience working with car accident victims and are ready to put that experience to work for you.
• Proactive: Insurance companies are not always as cooperative as we would like; many of them would prefer to wait as long as possible before paying you. We will diligently advocate on your behalf, providing the necessary motivation for the insurance company to process your claim in a timely manner.
• Resourceful: We will draw on a number of resources as we pursue your case, allowing us to thoroughly investigate the circumstances behind your distracted driving accident and build a strong case on your behalf.
• Communicative: You will never need to wonder about the status of your claim because our car accident attorneys will be in touch every step of the way to keep you up-to-date. We want you to know that your case is just as important to us as it is to you.
• Prepared: We will gather exhaustive evidence about your case to submit to the insurance companies on your behalf. This streamlines the process.; if the insurance company is provided with as much documentation as possible, they are less likely to delay the payment process. In addition, if your case cannot be resolved for a fair and reasonable amount and it goes to trial, having a fully documented file will improve the chances of success.
• Understanding: We understand that this is a difficult and stressful time for you. That is why we are always happy to answer your questions and discuss your case whenever you need or want.

At Gelber & O’Connell LLC, we know that you have many options when it comes to car accident attorneys in the Western New York area. Our team will work with you every step of the way to get you the compensation you deserve in your distracted driving case. Reach out to our office today to schedule a consultation!