Distracted driving can involve any type of distraction that takes a driver’s attention off driving. When a driver is too distracted to drive safely, they may make serious mistakes that lead to a collision. If you or someone close to you was injured in a car crash caused by distracted driving, you should know that you may have a right to be compensated for your damages.
For a free legal consultation with a distracted driving accidents lawyer serving Long Beach, call 516-451-7900
Distracted Driving Crashes in New York Are Increasing
Distracted driving has become a major public health issue in recent decades, as it is currently the leading cause of car crashes resulting in personal injury in New York. From statistics collected by the Institute for Traffic Safety Management and Research (ITSMR), distracted driving was the cause for 25 percent of reported accidents, claiming 150 lives and over 40,000 injuries.
In response to the growing number of car crashes involving cell phones, the New York State Department of Motor Vehicles (NYSDMV) prohibits the use of portable electronic devices while driving. That is, it is against the law to send or receive text messages, browse the internet, compose emails, play games, or take pictures with a cellphone while driving. It is also illegal to talk on the phone while driving unless the driver is using a hands-free device or calling for emergency assistance.
Unfortunately, not everyone respects New York laws prohibiting cell phone use while driving. If your crash was caused by a person who was using their cellphone while driving, you may be entitled to compensation for the damages you sustained in the crash.
Long Beach Distracted Driving Accidents Lawyer Near Me 516-451-7900
Seeking Compensation for a Collision Caused by Driver Distraction
Distracted driving often involves the use of portable electronic devices like cellphones; however, it is not the only type of distracted driving that may lead to a serious collision.
Distracted driving may also involve:
- Turning around to address children or pets in the backseat
- Talking to passengers
- Eating and drinking
- Changing the radio station or temperature controls
- Reading a book
- Looking at a map
- Brushing your hair or applying makeup
- External distractions such as a crash or construction work
Individuals who are injured in distracted driving car crashes may be entitled to financial compensation for their medical expenses and other damages. To successfully recover compensation via a personal injury claim, you and your attorney will need to demonstrate that:
- The other driver had a duty to pay attention to the road and obey New York traffic laws.
- The other driver breached this duty.
- Your injuries were caused by the other driver’s negligent actions.
- You sustained damages as a result of your injuries.
A distracted driving accident lawyer serving Long Beach from Rosenberg & Gluck, L.L.P. can help you gather evidence to demonstrate each of these elements. Call us at (516) 451-7900 for a free case assessment today.
Financial Reimbursement You May Be Eligible For
A distracted driving collision can have a considerable financial impact on a person’s life. If you or your loved one was injured in a distracted driving collision, you may be entitled to compensation for your damages.
Distracted driving can lead to painful injuries that require expensive medical treatment. You may be entitled to compensation for your medical bills, including expenses related to ambulance transportation, hospital care, doctor’s appointments, specialist treatment, surgery, x-rays, medications, and more.
Lost Income and Lost Earning Capacity
If your injuries were serious, you probably needed to take time off of work to heal and recover. Through a personal injury claim, you may be able to recover compensation for your lost wages due to missed work as well as any impairment to your future earning capacity caused by your injuries.
Pain and Suffering
You may also receive compensation for the non-financial harm caused by your injuries. Pain and suffering may include your physical pain, emotional and mental suffering, disability, disfigurement, loss of enjoyment of life, and other non-economic damages.
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Bringing a Claim After a Fatal Distracted Driving Crash
If your loved one was killed in a distracted driving crash, you may be able to bring a wrongful death claim. A wrongful death claim is like a personal injury claim, but it is brought by a personal representative of the deceased person—often a close relative such as a spouse or adult child.
Damages in a New York wrongful death claim often include:
- Funeral and burial expenses
- Medical and nursing expenses
- Lost wages and employee benefits
- The loss of the deceased person’s support and services experienced by immediate family members
- Lost inheritance
- The loss of parental nurturing and care experienced by the deceased person’s children
- The deceased person’s conscious pain and suffering
Contact Rosenberg & Gluck, L.L.P.
If you or a loved one was involved in a distracted driving collision, you may be entitled to compensation for your financial losses. A distracted driving accident lawyer serving Long Beach from Rosenberg & Gluck, L.L.P. can help you bring a strong claim against the negligent driver and pursue compensation for your past and future damages. Rosenberg & Gluck, L.L.P. is also able to assist clients in Spanish.
According to New York Civil Practice Law & Rules § 214, the statute of limitations for personal injury lawsuits in New York is usually three years, while the statute of limitations for wrongful death lawsuits is typically two years, according to New York Estates, Powers & Trusts § 5-4.1. However, certain circumstances can reduce the amount of time you have to file a lawsuit, so it is important to get started on your case right away.
Call our office at (516) 451-7900 today for your free consultation.