Distracted driving is one of the leading causes of crash-related injuries and deaths in the United States. When drivers do not apply their full attention to the road, it can prevent them from noticing changes in the roadway and severely impact their ability to avoid a collision.
If a distracted driver caused your recent crash, it is your right to pursue compensation for any resulting personal injuries or damages you incurred. In order to do so, you will need to navigate several New York laws, gather evidence to prove fault, and evaluate your damages.
Let a distracted driving accident lawyer servicing Babylon take this burden off your hands. Call Rosenberg & Gluck, L.L.P. at (631) 451-7900 for help recovering the compensation you may be entitled to.
For a free legal consultation with a distracted driving accidents lawyer serving Babylon, call 516-451-7900
Examples of Common Driving Distractions That Occur on the Roads
The New York State Department of Motor Vehicles (DMV) cited a study in a 2018 press release on distracted driving. According to this study, driver distraction or inattention played a role in over 33,000 injuries and 160 fatalities across the state in 2015.
As drivers accumulate more and more technology behind the wheel, it is possible these numbers will only increase. Technology is not the only factor that can cause driver distraction, either. Examples of common driving distractions include:
- Attending to children in the backseat
- Having a conversation with passengers
- Searching for items in the vehicle
- Eating or drinking
- Adjusting the music station or volume
- Applying makeup or checking the visor mirror
- Answering a phone call
- Reading or responding to a text
Babylon Distracted Driving Accidents Lawyer Near Me 516-451-7900
Recovering Compensation After a Collision Caused by a Distracted Driver
New York requires all drivers to have no-fault insurance coverage in order to operate a vehicle in the state. This means that in the event of a collision, each driver can submit a claim to their own insurance company for no-fault benefits that cover medical expenses and lost wages, called PIP. Even if you believe another driver was solely responsible for causing your crash, you must still file a claim with your insurer for these PIP benefits.
Another facet of New York’s no-fault insurance is that your auto policy will only cover basic economic damages after a collision. When you file a claim with your insurer, you can receive coverage for:
- Medical care to treat your injuries
- Transportation to and from the doctor
- Wages you missed out on while you were recovering
- Some other out-of-pocket expenses, such as housekeeping services
The legal team at Rosenberg & Gluck, L.L.P. can help you file your no-fault claim. We can also help you pursue a case against the at-fault party so you can recover your losses that PIP benefits don’t cover, including pain and suffering resulting from your injuries and lost wages exceeding those covered by no-fault. Contact the legal team at Rosenberg & Gluck, L.L.P. to discuss your case by calling (631) 451-7900 today.
New York Laws That May Affect Your Distracted Driving Collision Case
In addition to requiring no-fault insurance coverage, New York also enforces several other laws that may impact your case. Some may make you eligible for additional compensation, while others may reduce the damages for which you qualify.
Moreover, there are also statutes that place a limit on the amount of time you have to file a personal injury lawsuit. A distracted driving attorney will explain which of these laws may apply to your case to help you receive the compensation you may be entitled to.
Statutes Regarding Damages for Pain and Suffering After A Crash
In New York, no-fault insurance claims only entitle you to basic economic loss. Pain and suffering, other non-economic damages, and economic damages exceeding those permitted under no-fault are only available to those who can prove they suffered “serious injuries,” as per New York Insurance (ISC) §5102.
This statute outlines which types of injuries qualify for non-economic damages. Examples include:
- Disfigurement or dismemberment
- Loss of organ, system, or limb function
- Reduced organ, system, or limb function
- Bone fractures
- Loss of a fetus
As with securing economic compensation, you will need evidence of a qualifying injury to pursue damages for pain and suffering. This tends to include medical documentation from your doctor about the extent of your personal injuries.
New York Statute of Limitations on Personal Injury Lawsuits
It is important to understand the statute of limitations regarding personal injury lawsuits in New York if you plan to file a lawsuit.
Under New York Civil Practice Law & Rules (CVP) §214, you generally have only three years from the date of your collision caused by a distracted driver to file a lawsuit. This statute applies to all personal injury lawsuits in the state, although there are some exceptions. For instance, you must initiate a lawsuit against a municipality much sooner.
Gathering evidence, building your case, and calculating your damages will only limit your time even more. If you are unable to file before the deadline arrives, you will lose the ability to recover any additional compensation in your case.
Comparative Fault Laws
States that follow comparative fault laws, like New York, allow victims of distracted driving crashes to collect compensation even if they are partially at fault. In these cases, the percentage of fault only lowers the amount of compensation available.
As long as your level of fault for the crash remains below a certain threshold, you can still qualify for damages. A judge will determine this based on the evidence available in the case. This is why it is important to gather and provide as much evidence as possible to place fault on the other driver.
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Get Help from the Office of a Distracted Driving Accident Attorney Servicing Babylon Today
If handling all the steps to secure compensation within the statute of limitations seems overwhelming, allow a distracted driving lawyer to help.
A distracted driving accident lawyer servicing Babylon at Rosenberg & Gluck, L.L.P. is ready to review your case and see how our law office may be able to help. We offer assistance in both English and Spanish. Call (631) 451-7900 now to get started.