Distractions are all around us when we drive, from billboards to talkative passengers and the navigation system helping us get to our destinations. However, all of these distractions create a dangerous situation if they take our attention away from the road.
If you or someone you love suffered injuries in a collision with a distracted driver in Brookhaven, New York, you may be entitled to compensation for your losses. A distracted driving accident lawyer serving Brookhaven can help you prove that the other driver was distracted, thereby causing the crash.
The team at Rosenberg & Gluck, L.L.P. works on personal injury cases and helps our clients understand the legal process. We know how daunting it can be to think about taking legal action after a crash, especially if you are still recovering from your injuries. A lawyer can help you pursue compensation to help cover the cost of your medical expenses.
For a free, no-risk review of your case, call Rosenberg & Gluck, L.L.P. at (631) 451-7900.
For a free legal consultation with a distracted driving accidents lawyer serving Brookhaven, call 516-451-7900
Understanding the Dangers of Distracted Driving
Distracted driving is dangerous because it takes our focus off of the road. Even a few seconds of distraction may be enough to cause a crash. According to the Centers for Disease Control and Prevention (CDC), an average of nine people are killed each day in collisions involving distracted drivers, and approximately 1,000 more are injured.
There are many types of activities that could create dangerous distractions for drivers. Some of the most common examples include:
- Using navigation systems
- Talking to passengers
- Eating behind the wheel
- Talking on the phone
- Texting and driving
Texting and driving is especially dangerous because it involves three types of distractions: Physical, where the driver’s hands are off the wheel; visual, where they are looking at the phone rather than the road; and cognitive, where their attention is on the message they are sending rather than their driving.
The CDC reports that a driver who is going 55 miles per hour and looks at their phone for just five seconds to send a text message covers a distance the length of a football field.
Brookhaven Distracted Driving Accidents Lawyer Near Me 516-451-7900
How New York’s Negligence Laws Could Impact Your Case
Every state has a set of negligence laws that address how damages are allocated in situations where multiple parties may be liable for causing a collision. New York is a comparative fault state, which means that you can still recover damages even if you are partly responsible for causing a crash. The compensation you may be entitled to would just be reduced by the degree to which you are responsible.
For example, if it is determined that you are 10 percent responsible for a crash, you may still recover 90 percent of the compensation awarded in the case. While this can be reassuring if you are worried that you were partially to blame for the collision, it is important to remember that the insurance company will look to pay as little as possible. Their lawyers may attempt to claim that you are partially responsible for the collision when you are not, or they may try to claim that you are more responsible than you really are.
A distracted driving accident lawyer serving Brookhaven can help car crash victims in situations like these. For a free review of your case, contact the team at Rosenberg & Gluck, L.L.P. at (631) 451-7900 to learn more about your legal options.
What You Need to Know About the Statute of Limitations
Each state has a statute of limitations that limits the amount of time an injured party has to start a lawsuit against a distracted driver. According to the New York Civil Practice Law & Rules (CVP) §214, the statute of limitations for personal injury cases is generally three years, and the clock starts on the date of the incident. There might be exceptions, such as suing a municipality, that could shorten the time period. Past that period of time, you could be barred from recovering the compensation you may be entitled to.
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Damages You May Be Able to Recover
There are multiple kinds of damages you could potentially recover after a collision. The specific recoverable damages depend on the details of your case, such as the extent and permanency of your injuries. Some common types of damages victims may be able to recover in cases like these include, but are not limited to, compensation for:
- Ambulance rides
- Hospital stays
- Surgical procedures
- Assistive devices like wheelchairs
- Doctor’s examinations or specialist consultations
- Lost wages
- Future wages if your earning potential is impacted
- Out-of-pocket expenses
If your loved one died in a collision involving a distracted driver, you may be entitled to compensation in a wrongful death lawsuit. Some types of damages that families recover with this type of claim include:
- Pain and suffering
- Funeral and burial costs
- Wages and benefits previously provided by the victim
- Loss of support and protection
- Economic loss to the estate
The Team From Rosenberg & Gluck, L.L.P. Can Help You
A distracted driving accident lawyer serving Brookhaven can help take on the burden of legal proceedings so you can focus on recovering from your injuries. Some specific ways they can help are by:
- Explaining what options you have after your collision
- Answering all of your questions and offering legal guidance
- Gathering evidence like police reports, cell phone records, and eyewitness statements to help you build a strong case
- Working with accident scene reconstruction experts to determine if the driver was distracted in the moments leading up to the collision
- Calculating the full value of your case
- Negotiating for a fair settlement with insurance providers
- Pursuing compensation you may be entitled to at trial if an agreeable settlement cannot be reached
- Commencing litigation, including taking your case to trial, if necessary
Our team will stand by your side and help you through the process from start to finish. To receive a free, no-obligation review of your case, contact the team from Rosenberg & Gluck, L.L.P. at (631) 451-7900. We are able to assist clients in Spanish.