Distracted Driving Accidents

Rochester Distracted Driving Accident Attorneys

Representing the Injured in New York Since 1965

At Horn Wright, LLP, we are dedicated to helping the victims of distracted driving accidents recover the compensation they are owed. Our Rochester distracted driving accident lawyers have a long track record of success., providing our clients with compassionate and personalized legal representation inside and outside the courtroom.


Call (585) 325-2020 or contact us online to schedule a free consultation with a Rochester distracted driving accident lawyer at Horn Wright, LLP.


What is Distracted Driving?

Distracted driving is defined as any activity that diverts a driver’s attention away from the road. This includes anything from talking to people in your car to eating and drinking. However, most people think of distracted driving as using a cell phone while behind the wheel.

Texting while driving is a particularly dangerous form of distracted driving because it requires manual, visual, and cognitive attention from the driver. In other words, when you are texting and driving, you are taking your hands off the wheel, your eyes off the road, and your mind off driving. Even just looking at your phone for 5 seconds while driving 55 mph is like driving the length of a football field with your eyes closed.

There are three main types of distracted driving:

  • Manual: Taking your hands off the wheel
  • Visual: Taking your eyes off the road
  • Cognitive: Taking your mind off driving

Texting while driving is especially dangerous because it is all three types of distracted driving. It requires you to take your hands off the wheel, your eyes off the road, and your mind off driving. While cell phones are the most common source of distracted driving, they are not the only one. Other examples of distracted driving include:

  • Using a GPS
  • Eating and drinking
  • Putting on makeup
  • Using your car’s touchscreen
  • Adjusting the radio
  • Talking to people in your car
  • Looking at a map
  • Using voice commands
  • Smoking
  • Unsecured pets

How to Prevent Distracted Driving in Rochester

Everyone has a responsibility to keep the roads safe, and that means avoiding distracted driving. Here are some tips on how to prevent distracted driving:

  • Put your phone on silent and out of reach while driving
  • Set your GPS and adjust your car’s temperature before you start driving
  • Make sure your children and pets are secure before you start driving
  • Do not eat or drink while driving
  • Do not put on makeup while driving
  • Do not drive if you are tired

Several apps can help you avoid using your cell phone while driving. These apps can block incoming calls and texts, send an auto-reply to incoming texts, and provide parental controls if you have a teen driver.

How to Prove Distracted Driving in a Car Accident Case

Proving that the other driver was distracted at the time of the accident is key to winning your case. However, it can be difficult to prove that the other driver was distracted, especially if they were texting while driving. A Rochester distracted driving accident attorney can help you gather the evidence you need to prove your case.

Some common types of evidence in a distracted driving accident case include:

  • The police report
  • Photos from the accident scene
  • Surveillance footage
  • Cell phone records
  • Witness statements
  • Expert testimony

It is important to act quickly after a car accident, as evidence can disappear and memories can fade. You should contact a lawyer as soon as possible to discuss your case. An experienced distracted driving accident lawyer will know what evidence to look for and how to get it.

Compensation for Distracted Driving Accidents

If you were injured in a distracted driving accident, you may be entitled to compensation. There are two types of damages in a car accident case: economic and non-economic.

Some common types of economic damages include:

  • Medical bills
  • Lost wages
  • Loss of future earning capacity
  • Property damage
  • Rehabilitation expenses
  • Household modifications

Some common types of non-economic damages include:

  • Pain and suffering
  • Emotional distress
  • Loss of enjoyment of life

In some cases, you may also be awarded punitive damages. These are damages that are meant to punish the other driver for their actions. Punitive damages are only awarded in cases of extreme recklessness or intentional misconduct.

How to File a Distracted Driving Accident Claim in Rochester

If you were injured in a distracted driving accident, you should contact a Rochester distracted driving accident lawyer as soon as possible. At Horn Wright, LLP, we can help you file a claim with the other driver’s insurance company. If the other driver does not have insurance or does not have enough insurance to cover your damages, we can also help you file a claim with your own insurance company.

Most car accident cases are resolved through a settlement with the insurance company. However, this does not mean that you should accept the first settlement offer from the insurance company. The insurance company may try to get you to settle for far less than you are owed. You should not accept a settlement offer until you have talked to a lawyer.

If we are unable to reach a fair settlement with the insurance company, we will file a lawsuit on your behalf. We will then represent you in all court hearings and settlement negotiations. Our goal is to get you the compensation you are owed as quickly as possible so you can focus on your recovery.

Contact us today at (585) 325-2020 to discuss your case with our experienced team.

What Sets Us Apart From The Rest?

Horn Wright, LLP is here to help you get the results you need with a team you can trust.

  • Client-Focused Approach
    We’re a client-centered, results-oriented firm. When you work with us, you can have confidence we’ll put your best interests at the forefront of your case – it’s that simple.
  • Creative & Innovative Solutions

    No two cases are the same, and neither are their solutions. Our attorneys provide creative points of view to yield exemplary results.

  • Experienced Attorneys

    We have a team of trusted and respected attorneys to ensure your case is matched with the best attorney possible.

  • Driven By Justice

    The core of our legal practice is our commitment to obtaining justice for those who have been wronged and need a powerful voice.