If you were involved in a crash with a distracted driver, you may be entitled to compensation. A distracted driving accident lawyer servicing Smithtown can help you understand your legal rights and work to recover compensation for your injuries and losses.
Call Rosenberg & Gluck, L.L.P. at (631) 451-7900 to speak with a member of our team and schedule an appointment for a consultation.
For a free legal consultation with a distracted driving accidents lawyer serving Smithtown, call 631-203-1691
Compensable Distracted Driving Collisions
Distracted driving crashes are compensable when the at-fault driver has caused your injuries, pain, and/or suffering. Compensable distracted driving accidents include the following:
- You were driving and were struck by another vehicle
- You were run off the road or into an object by the offending driver
- You were were a passenger in the affected vehicle
- You were struck on the sidewalk or while crossing the road legally
Regardless of the type of crash, you should obtain a copy of the police report for your records, and schedule an appointment with a doctor to evaluate your injuries.
Smithtown Distracted Driving Accidents Lawyer Near Me 631-203-1691
Compensation for Injuries and Losses
A crash caused by a distracted driver is expensive to manage, and the aftermath is often quite painful. When you seek compensation for your injuries, you can recover those funds in several areas. A lawyer can help you to understand your rights as you attempt to recover financially. Compensation can include:
- Lost earnings because you have missed work
- Lost earning opportunities if you cannot continue on your current career path
- Medical expenses
- Non-economic damages such as pain and suffering
- Punitive damages that may be awarded according to New York’s pattern jury instructions
- Coverage for burial and final expenses in the event of a victim’s death
Wrongful death claims can include all the damages listed above. In short, a wrongful death claim is the same as a personal injury claim except for the fact that your loved one passed away. Your loved one likely incurred medical expenses before they died, and your family is still liable for those expenses. In addition, pecuniary loss can be recovered for next of kin.
Comparative Negligence in New York
Distracted driving crash victims should be aware of the precept of “comparative negligence” which is used to litigate these cases. According to the New York Civil Practice Law & Rules (CVP) §1411, when you are involved in a distracted driving accident, the offending driver may claim that you were partially liable for the crash.
For example, the court may note that you were 15 percent liable for your crash. Because of the liability determination, you would receive 85 percent of the total compensation for the case. A $100,000 judgment would be reduced to $85,000 using this precept.
Crash victims are advised to exchange insurance information with those involved in the collision and refrain from making any statements to other drivers, their lawyers, or insurance companies.
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Evidence Useful to Establish Liability
If you were accompanied by other people, they can speak to what occurred on the day of the crash. You can share your own testimony, and you might provide receipts or a calendar that shows your timeline for the day. In a best-case scenario, you may also meet an eyewitness at the scene who is willing to speak on your behalf.
Call Rosenberg & Gluck, L.L.P. at (631) 451-7900 for a consultation and assistance gathering the evidence you need to support your claim.
A Distracted Driving Accident Lawyer Serving Smithtown Offers Many Services
An attorney offers a wide range of services and will manage your case so you can focus on recovering from your injuries.
You can schedule a consultation that allows you to review your case with a member of the legal team with Rosenberg & Gluck, L.L.P. A consultation helps you understand the merits of your case and how it will move forward.
A Full Investigation
Your lawyer will commit to a full investigation of your distracted driving collision. You may not know all the facts, and the attorney will work to try to fill in the blanks. Additionally, your attorney will share any new information that is uncovered. You have a right to know how your case is moving forward, and you should be prepared to speak with your attorney to discuss your case. You should also share any extra evidence you find with your attorney.
Settlement or Trial Management
Lawsuits following car crashes are all different depending on the available evidence, legal proceedings, and the representation for the at-fault driver. Your lawyer is prepared to handle your case whether your case settles before trial or goes to trial if a settlement can’t be reached.
You will be consulted during the process, so that you have an understanding of how your case is progressing. The lawyer also speaks to insurance companies, other lawyers, or other drivers involved in the case. If you receive letters, emails, or phone calls, they can all go to your attorney.
Contact Rosenberg & Gluck, L.L.P. Today
A distracted driving accident lawyer serving Smithtown from Rosenberg & Gluck, L.L.P. can handle all the legal aspects of your case and advise you of the best course of action.
Call us today at (631) 451-7900 for a consultation with a member of our team. Assistance is also offered in Spanish.