Distracted driving is a significant cause of crashes, including fatal accidents, across the country. This type of driving occurs whenever a driver is paying attention to something other than the road, such as when a driver is talking on the cell phone, texting, eating, applying makeup, grooming themselves, drinking a beverage, adjusting the radio or GPS, or driving while fatigued or sleep deprived. If you were injured and suspect that the other driver was doing any of the foregoing before colliding with your car, you should call the experienced White Plains distracted driving attorney Mark A. Siesel. Additionally, you should be aware that the New York Times recently reported a new distracted driving hazard generated by Tesla.
Over the summer, Tesla added a software update and sent it to most of its cars in the summer of 2021. The update allows games to be played on a large touch screen in front of the dashboard, even while a car is in motion. The Governors Highway Safety Association has stated it is a concern if the game plays in front of the driver. The National Highway Traffic Safety Administration has reported that 2016, there have been 12 traffic deaths as the result of Tesla’s hands-free driving and drivers looking away from the road.
If you were injured because of a distracted driver, you may be able to recover damages. When we sue on your behalf, we typically need to establish the distracted driver’s negligence. We’ll need to prove it’s more likely than not: (1) the defendant owed you a duty of reasonable care, (2) breach of the duty to use reasonable care, (3) causation, and (4) actual damages. All drivers owe others with whom they share the road a duty to use reasonable care when a car is in motion.