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Why Hire a Lawyer If You Were Hurt by a Distracted Driver in NY?

distracted driver accident in New York
New York City Personal Injury Lawyer I Greenberg & Stein, P.C.

Hurt In Car Accident by a Distracted Driver in NY?

Nowadays, there is a huge variety of electronic devices and gadgets that can cause us to become distracted while driving. Distracted driving causes over 1000 car accidents everyday across the nation, being one of the most common causes of crashes.

That means that if you’ve recently been in a car accident and were injured, it’s very likely that it was caused by some form of distraction. If this is the case, and another motorist is to blame for your injuries, you may have to deal with insurance claims, evidence collection, and other procedures, which can be tedious, especially if you are injured.

Why Hire a Lawyer if You Were Hurt by a Distracted Driver in NY?

After sustaining injuries due to a car accident you might be wondering if it is worth it to hire an accident lawyer. First, you have to understand that since New York is a no-fault state, when you file a claim it has to be with your own insurance company to recover your losses.

However, if you suffered serious injuries or your insurance coverage is not enough to pay for all your accident related expenses you can file a personal injury lawsuit. Hiring an attorney can help you receive proper compensation by assisting you with the following:

  • Gathering evidence: An accident lawyer can collect evidence needed to establish a strong case, such as red light camera or video surveillance footage, as well as other sources that can prove the other driver’s negligence.
  • Visit the accident scene: This is an important step in the investigation. The lawyer can gain a thorough understanding of the accident by visiting the site of the collision.
  • Interview witnesses: To help you build a stronger case, an accident attorney will try to contact people that were at the scene during the accident.
  • Negotiate with the insurance company: All insurance companies will try to settle a claim by offering you the least amount of money possible. Having a lawyer represent you and negotiate with the insurance company will prevent you from accepting offers that are not fair. 
  • Work with experts in different areas: Some accidents require the use of outside experts to examine the damages or other elements that can assist you in proving that you were injured by a distracted driver. The lawyer will make contact with these individuals.
  • Represent you in court: If your case cannot be resolved through an insurance claim, you may have no choice but to file a personal injury lawsuit. Even though you are not obligated to engage an attorney, it is not a smart idea to represent yourself in court. Having a professional on your side increases your chances of winning your case significantly.

What is Considered Distracted Driving?

Distracted driving is defined as anything that draws your attention away from the road and prevents you from driving safely and defensively. A lot of things we normally do while driving are considered harmless, for example, changing the radio station, eating or just daydreaming. However, these actions may end up in collisions and even in fatal events.

Just imagine that if you are driving at 60 mph, that means that you can travel 27 meters per second. Taking your eyes off the road for one or two seconds is really dangerous. 

What does New York Law Say About Distracted Driving?

The use of a hand-held mobile phone or portable electronic device while driving is forbidden in New York due to the high number of accidents caused by distracted driving. There are few exceptions to this regulation, such as when you are using your phone to contact 911, the police, firefighters, or other institutions in the event of an emergency.

You can also utilize electronic gadgets such as the car’s GPS or a hands-free phone to talk on the phone without using either hand. Violating this law will get you a ticket that ranges from $50 to $450 and in addition to that you will have added points to your DMV record. Remember that depending on the amount of points you receive in a certain amount of time could result in license suspension. 

How Long After a Distracted Driving Accident Can I File a Lawsuit in NY?

According to the Statute of Limitations, accident victims have 3 years from the date of the accident to file a personal injury lawsuit. Just keep in mind that you can file a lawsuit when you have sustained a serious injury like dismemberment, disfigurement, loss of an organ, limb or body function or death.

Another reason why you might want to file a lawsuit is when your policy coverage is not sufficient to pay for your medical bills, car repair costs and other expenditures. Even if 3 years sounds like a long time, it is recommended to start the process as soon as possible. An experienced injury attorney can also guide you on the different steps to take after a car accident and will help you meet all deadlines.   

What Are The Common Driving Distractions in NY?

There are different reasons why a driver might get distracted on the road and cause an accident. Nonetheless, there are three primary categories to classify driving distractions

  1. Manual distractions: All tasks that require you to take your hands off the steering wheel are considered manual distractions. This includes things like texting, eating, and changing the radio station.
  2. Visual distractions: Actions that draw your visual attention from the road, like reading or looking at your phone.
  3. Cognitive distraction: This includes moments when your mind is not focused on driving, for example, when you are having a conversation or simply daydreaming.  

Some behaviors can be classed into all three categories at once, such as texting while driving, which requires you to look at your phone, write with your hands, and think about what you’re texting. Other common causes of accidents are:

  • Applying makeup
  • Reading
  • Attending a child in the backseat
  • Eating and drinking
  • Using GPS systems
  • Changing radio stations

What Type of Damages Can I Claim If I Was Injured by a Distracted Driver in NY?

After an accident where you sustained injuries you can file a claim with your insurance company to recover your losses. Here is a list of damages that you can claim: 

  • Medical bills and/or future treatment
  • Car repair costs
  • Pain and suffering
  • Lost wages
  • Disability

Distracted Driving Accidents Attorneys

In order to get compensated for all your car accident expenses you will most likely need the best representation available in New York. At Greenberg and Stein P.C. We have experienced accident attorneys that have handled numerous cases involving distracted drivers.

Our legal team has recovered millions of dollars for our clients that suffered injuries during a car accident. Our lawyers will help you through the claiming process and assist you in every way possible. Call us at 212-969-8775 to schedule a free consultation with one of our attorneys to review your case.