Drivers in New York have a legal obligation to pay attention to the road when they drive. If even a small percentage of a driver’s attention isn’t focused on the driving task, this distraction can be deadly. If you’re a victim of a distracted driving accident, get help with the claims process from a qualified car accident attorney in Forest Hills. A local lawyer can help you navigate New York’s unique no-fault car insurance system.
What Is Distracted Driving?
In 2024, 3,208 people nationwide lost their lives due to distracted drivers. Distracted driving means to operate a motor vehicle while some or all of the driver’s attention is diverted elsewhere. There are three types of driver distractions: manual (taking the hands off the wheel), visual (taking the eyes off the road) and cognitive (taking the mind off the driving task).
Common Causes of Distracted Driving Accidents in New York
Distractions while driving in New York can be caused by many things both inside and outside of the vehicle. Cell phones are the most common culprit; New York was the first state to ban handheld cell phone use while driving (in 2001).
Common driver distractions are:
- Text messaging and other cell phone use
- Watching videos or using social media
- Eating or drinking behind the wheel
- Reading or looking at a map/GPS
- Changing the radio or temperature
- Personal grooming
- Chatting with passengers
- Children or pets inside the vehicle
- Reading billboards or rubbernecking
- Daydreaming or cognitive distractions
It is a driver’s responsibility to avoid and ignore distractions and to keep 100 percent of their attention on the driving task. Any breach of this duty of care is known as negligence.
Who Pays for a Distracted Driving Accident in New York?
Since New York is a no-fault state, drivers who are injured in car accidents must turn to their own insurance companies for financial compensation – even if someone else is at fault. Personal injury protection (PIP) insurance should provide up to $50,000 for losses such as medical bills and lost wages.
If the injuries suffered in a distracted driving accident are serious, however, it is possible to sue the distracted driver for additional damages. Pain and suffering compensation may be available, for instance, by holding a driver liable for dangerous behaviors behind the wheel. Serious injuries include bone fractures, head and brain injuries, spinal cord injuries, and permanent disabilities.
How to Maximize Your Financial Compensation
The injuries you suffer because of a distracted driver in New York could result in thousands of dollars in medical costs, in addition to expensive property damage and lost wages. It is important to know how to maximize the financial compensation you receive from a distracted driving car accident claim.
Rather than trusting an insurance provider and accepting a fast settlement, contact an attorney who will have your best interests in mind. You can trust a car accident lawyer to navigate New York’s unique laws and negotiate a fair settlement on your behalf.
Your lawyer can collect evidence against a driver that proves distracted driving to establish liability and fault. Then, your lawyer can take over communications with an insurer or bring your case to trial, if necessary, to achieve the best possible case results.
If you’ve recently been hurt by a distracted driver in New York, contact Abaev Law Firm, PLLC 24/7 for a free legal consultation.