19 Mar Distracted Driving Accidents: Your Legal Options

Distracted Driving Accidents: Your Legal Options

Distracted driving has become one of the leading causes of traffic accidents in the United States and in New York. Despite laws against texting while driving, thousands of accidents occur every year because a driver looked away from the road for just a few seconds. If you were injured by a distracted driver, you have legal options — and an experienced personal injury attorney can help you pursue the compensation you deserve.

What Is Distracted Driving?

Distracted driving is any activity that diverts a driver’s attention from the road. Distractions fall into three categories: visual distractions (taking eyes off the road), manual distractions (taking hands off the wheel), and cognitive distractions (taking the mind off driving). Texting while driving is particularly dangerous because it involves all three types simultaneously. Other common distractions include talking on a handheld phone, eating or drinking, interacting with GPS or car infotainment systems, applying makeup, and interacting with passengers or pets.

New York’s Distracted Driving Laws

New York State has some of the strictest distracted driving laws in the country. Using a handheld mobile device while driving — including making calls, texting, browsing, or using apps — is prohibited. Violations carry fines of $50 to $450 for a first offense and can result in points on your driver’s license. For new or probationary drivers, a single distracted driving violation can result in license suspension. Despite these penalties, distracted driving remains a pervasive problem on Long Island and throughout New York.

Proving Distracted Driving in a Personal Injury Claim

To recover compensation after a distracted driving accident, your attorney must prove that the driver was distracted and that this distraction caused the accident. Evidence used to prove distracted driving includes cell phone records showing the driver was using their phone at the time of the crash, traffic or security camera footage capturing the driver’s behavior, eyewitness testimony describing the driver’s actions, police reports noting distraction as a contributing factor, and the driver’s own admissions.

Subpoenaing Cell Phone Records

One of the most powerful pieces of evidence in a distracted driving case is the at-fault driver’s cell phone records. These records can show precisely when calls were made or texts were sent, allowing your attorney to establish that the driver was using their phone at the exact time of the crash. Obtaining these records requires a formal legal process, which is another reason why having an experienced attorney on your side is critical.

Common Injuries in Distracted Driving Accidents

Accidents caused by distracted drivers often happen at full speed because the driver had no time to brake. This results in high-impact collisions that cause severe injuries, including traumatic brain injuries, spinal cord injuries and paralysis, broken bones, internal injuries, severe lacerations, and whiplash injuries. Victims of distracted driving accidents frequently face lengthy recoveries, permanent disabilities, and significant financial losses.

Compensation Available to Distracted Driving Victims

If a distracted driver caused your accident, you may be entitled to significant compensation. This includes all medical expenses — emergency care, surgery, hospitalization, rehabilitation, and ongoing treatment. Lost income and diminished earning capacity are also recoverable, as are pain and suffering, emotional distress, and loss of enjoyment of life. In egregious cases, punitive damages may be available to punish the driver’s reckless behavior and deter others.

New York’s No-Fault Insurance and Distracted Driving

New York is a no-fault insurance state, meaning your initial medical expenses and lost wages are covered by your own personal injury protection (PIP) insurance, regardless of fault. However, if your injuries are serious — meeting New York’s serious injury threshold — you can step outside the no-fault system and file a claim directly against the distracted driver for full compensation including pain and suffering damages.

Contact Our Car Accident Attorneys Today

If you or a loved one was injured by a distracted driver in New York, the legal team at Tannenbaum, Bellantone & Silver, P.C. is here to help. Our experienced car accident attorneys on Long Island will investigate the accident, gather critical evidence, and aggressively pursue the maximum compensation you are entitled to. Contact us today for a free, confidential consultation.