Listening to your favourite tunes or radio host when you drive is all well and good, but when the volume goes up, trouble can follow. While loud music may seem harmless, the distraction it causes can increase the risk of an accident. This is especially true in the busy streets of Brooklyn, where traffic conditions can change at the drop of a hat. In this post, Gabriel Law will take on the role of a car accident lawyer in Brooklyn, and explain how driving with loud music can impact your safety, rights, and the ability to claim compensation in the event of an accident.
Why is it Dangerous to Drive with Loud Music?
Driving with loud music can be dangerous for a number of reasons. They include:
- Missing crucial audio cues – When you drive with loud music, you will miss crucial audio cues like sirens, crossroad signals, vehicle horns, and even sounds from your vehicle that can signal mechanical problems.
- Reduced reaction time – When you are distracted by the music, your reaction time will be reduced, preventing you from properly responding to any sudden changes.
- Reduced concentration – Driving on the busy streets of Brooklyn requires a lot of concentration. When there are lapses in your concentration, you will not be able to properly respond to what’s happening on the road
Is Driving with Loud Music Illegal in NYC?
In NYC, there is no specific law that outright bans driving with loud music inside your car. However, your actions may be considered distracted driving.
According to the National Highway Traffic Safety Administration (NHTSA) distracted driving is defined as “any activity that diverts a driver’s attention away from driving.” Distracting actions can include things such as texting, talking, eating, handling the navigation system etc.
If the evidence shows that the loud music diverted your attention away from driving, then you may be guilty of distracted driving. If found guilty of distracted driving, it can result in fines between $50 and $450, 5 demerit points on your licence, and potential surcharges up to $93. The penalties can significantly increase for repeat offences within 18 months of the previous offence. Probationary drivers can have their licence/permit suspended for a 120-day period.
How Does the Pure Comparative Negligence Rule Apply?
New York’s pure comparative negligence rule applies when the drivers involved in an accident share the blame for the accident between themselves. For example, if you were playing loud music and were distracted at the time of the accident, you would be held partially responsible for the accident.
When you are held partially responsible, the compensation you receive will be reduced by the extent you are responsible for the accident. For example, if you are to receive $100,000 in compensation, but you are also 40% at fault for the accident, your compensation will be reduced by 40%. In this case, you would only walk away with $60,000.
It is important to note that since your Personal Injury Protection (PIP) coverage is a no-fault insurance, it will not be affected by the pure comparative negligence rule. The rule only applies for any compensation that you claim outside insurance, such as via a personal injury lawsuit.
What Steps Should You Take After an Accident with a Distracted Driver?
If you are involved in an accident with a distracted driver, here’s what you need to do to protect health and your right to fair compensation.
- Call 911 to report the accident
- Move to a safer location, but do not leave the scene of the accident
- If injured, receive immediate medical treatment, no matter how minor the injury may be.
- Document the scene of the accident and gather other evidence.
- Exchange contact and insurance information with the other driver/s involved.
- Do not admit fault or apologize for the accident.
- Do not make any recorded statements about the accident without proper legal counsel.
- Contact your car accident lawyer in the Brox to understand your rights and liabilities.
- Contact your insurance company and inform them about the accident.
Conclusion
While driving with some loud music can seem harmless, it can be quite the problem if you are involved in an accident. If you were involved in a crash with a driver who was playing loud music, Gabriel Law can help set things right. As a personal injury law firm in NYC, our team has plenty of experience handling car accident cases. We will do everything in our power to gather the evidence, build a case, fight for your rights, and get you the compensation you deserve. Schedule a free consultation with our team and come discuss your case with us.
