Author: Rosenberg & Gluck, LLP
Distraction can be a factor in many types of accidents. In New York, courts reduce your ability to recover compensation based on your fault or negligence in causing your own injury. Comparative negligence law is the basis for this ruling, but you still have the right to recover damages, even if you were 99 percent at fault.
Take for example, a distracted injury victim who is texting and falls down a manhole. By the way, this actually occurred in New York. If the manhole was cordoned off and warning signs were posted, the individual is not likely to recover much of anything in the way of damages. A manhole accident occurred in Staten Island in 2009 involving teenager Alexa Longueira who fell down an uncovered manhole while texting. Courts may find her lawsuit has merit because of the worker’s negligence in leaving the manhole uncovered and failing to post any warnings or put up a barricade. However, you can be sure the court also will assign her some percentage of negligence for her self-caused distraction that involved texting and walking at the same time.
In terms of potential future distractions, Google is preparing to release a new technology. Google’s Project Glass is a hardware prototype of futuristic eyeglasses that can do the following:
- Flash notifications within the wearer’s field of vision
- Respond to requests to plot routes to various city locations
- Take photographs upon command
The Project Glass demonstration video makes this product difficult for consumers to resist. However, from a legal standpoint, the fact of wearing the futuristic glasses may reduce your compensation in a personal injury lawsuit.
A Long Island personal injury lawyer at Rosenberg & Gluck can evaluate your injury to determine your rights to compensation. We have handled personal injury cases since 1983 throughout Suffolk County.