Articles Posted in Distracted Driving

In a recent legal action concerning alleged negligent motor vehicle operation, defendants sought reargument of a court order requiring disclosure of cell phone records. The relevance of cell phone records lies in determining whether the defendant, a police officer, was distracted by phone use while driving, potentially contributing to the accident. The plaintiff alleges that the officer negligently entered a highway in the wrong direction, leading to a collision that caused significant injuries. Cell phone records could provide crucial evidence to substantiate or refute this claim. They may reveal the officer’s phone activity just before and after the accident, shedding light on his state of attention and actions leading up to the collision.

Given the legal framework, negligence in motor vehicle operation includes distractions such as cell phone use, which is prohibited by law while driving. Proving that the officer was using his phone during the incident could establish negligence per se, making it easier to establish liability for the accident. Conversely, if the records show no phone activity at the time, it could support the officer’s defense against the negligence claim. Therefore, these records are pivotal in determining the sequence of events and the officer’s state of attention during the critical moments leading to the collision.

Background Facts

In a distracted driving case, the claimant was involved in an accident with a state-owned van. Using a cell phone while driving is commonly referred to as distracted driving, a dangerous practice that diverts a driver’s attention away from the road. In New York, this behavior is explicitly prohibited under traffic laws due to its potential to cause accidents, injuries, and fatalities. The laws aim to ensure that drivers maintain full focus on operating their vehicles safely. Violations of these laws can result in fines, penalties, and legal consequences, reflecting the serious risks associated with distracted driving and the importance of adhering to regulations designed to protect public safety on the roads.

Background Facts

Ruben de Jesus Monroy Jordan was employed by Shining Star Landscaping and had traveled to New City for a landscaping job at a residence located off West Clarkstown Road (WCR).  While preparing to cross WCR, Mr. Monroy Jordan observed fast-moving traffic in both directions. He positioned the mower near the edge of the road and was waiting for a safe moment to proceed when a van approached from his left. Despite his view being unobstructed, he did not see the van until it collided with the mower. The impact threw him into the air, causing him to land on the pavement and sustain injuries. The van, which had struck the mower and became entangled with it, dragged both for a significant distance. During his testimony, Mr. Monroy Jordan mentioned that he observed the defendant using a cell phone while driving, which he believed contributed to the accident.