Distracted driving accidents in Queens are becoming more frequent every year. These crashes can lead to significant injuries or even fatalities. If you're involved in such an accident, knowing your rights and how to seek compensation is crucial. Davidoff Law Personal Injury Lawyers specialize in helping victims of distracted driving accidents. Our law office strives to ensure you receive the justice and compensation you deserve.
Going through a distracted driving crash can be overwhelming. You might face high medical costs, lost pay, and stubborn insurance companies. That's where a Queens distracted driving accident lawyer comes in. We provide the expertise and support needed to help you with these challenges. Learn more about how our Queens car accident attorneys can assist you after a distracted driving car accident. Then, contact our distracted driving accident lawyers to schedule a free legal consultation.
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Experienced Representation From a Queens Distracted Driving Accident Lawyer
At Davidoff Law, we bring years of experience handling distracted driving accidents. Our law firm is committed to representing the rights of accident victims in Queens. We understand the impact these accidents can have on your life and are here to help you every step of the way.
Our approach is personalized and aggressive. We know that each distracted driving accident case is unique. As a result, we customize our strategies to meet your specific needs. We aim to secure the most compensation possible for you and your loved ones. With Davidoff Law by your side, you can rest assured that your case is in good hands.
What Is Distracted Driving?
What exactly might constitute distracted driving? This is an activity that shifts attention from driving. It can include texting, calling, eating, or adjusting the radio. These distractions can significantly increase the chance of a motor vehicle accident, putting everyone on the road at risk. Understanding what constitutes distracted driving is the first step in preventing these accidents. Nationally, distracted driving led to more than 3,500 deaths in 2021 alone.
Distracted driving is not just dangerous; it's also against the law in New York. The state has specific regulations to reduce distracted driving accidents, including bans on handheld device use while driving. Despite these laws, distracted driving remains a frequent cause of car accidents in Queens and across the state. If you have been in an accident caused by distracted driving, contact us to learn more about personal injury lawsuits.
Queens Distracted Driving Relevant Laws and Regulations
New York has strict laws against distracted driving, aiming to reduce motor vehicle accidents caused by such behavior. These laws include hefty fines and points on the driver's license for those caught using handheld devices while driving. All drivers in NYC are required to use hands-free devices. While a first offense might lead to a $50 fine, the fines increase rapidly. Understanding these regulations is crucial for drivers in Queens to avoid legal trouble and ensure road safety.
In Queens, enforcing distracted driving laws is a top priority for traffic safety management. The local police actively look for distracted drivers, especially those texting or using their phones without a hands-free device. If caught breaking these laws, the consequences can be severe, impacting your driving record and insurance rates.
Forms of Distracted Driving
Visual Distraction
Visual distraction occurs when a driver takes their eyes off the road. This can happen for many reasons, such as looking at a GPS, reading a billboard, or checking on a child in the backseat. Visual distractions are dangerous because they significantly reduce the driver's ability to notice and react to changes on the road.
Manual Distraction
Manual distraction involves taking one or both hands off the steering wheel. Activities like eating, adjusting the radio, or trying to pick up something from the floor are common examples. These distractions can make it difficult to control the vehicle, increasing the risk of an accident.
Cognitive Distraction
Cognitive distraction happens when a driver's mind is not focused on driving. This can be due to daydreaming, being lost in thought, or engaging in a deep conversation with passengers. Even if the driver's eyes are on the road and their hands are on the wheel, their mind might be elsewhere, making it hard to react quickly in an emergency.
Causes of Distracted Driving
- Cell Phone Use (Texting, Calling, Browsing): Using a phone while operating a motor vehicle is a prime example of distracted driving. Texting, in particular, is dangerous because it combines visual, manual, and cognitive distractions.
- Eating and Drinking While Driving: Many people eat or drink while driving, which can distract them from the road. Spilling food or drinks can cause sudden distractions, leading to accidents.
- Adjusting Radio or Navigation Controls: Fiddling with the radio or navigation system takes your attention away from driving. Even a few moments of inattention can lead to a significant accident.
- Talking to Passengers: Talking to the other passengers can shift your attention from the road. It's important to keep conversations light and avoid getting too involved while driving.
- Daydreaming or Being Lost in Thought: Daydreaming is a common but often overlooked cause of distracted driving. It's crucial to stay mentally focused on driving to ensure safety.
Common Injuries Caused by Distracted Driving
- Broken Bones or Multiple Fractures: Distracted driving accidents often result in broken bones or fractures. These injuries can range in severity, requiring extensive medical treatment and rehabilitation.
- Head and Brain Injuries: Head injuries, including concussions and traumatic brain injuries, are common in distracted driving accidents. These injuries can lead to long-term impacts on health and quality of life.
- Internal Bleeding or Injury: The effect of a distracted driving accident can cause internal bleeding or damage to organs. These injuries are severe and often require immediate medical attention.
- Spinal Injury: Spinal injuries, including whiplash and more severe spinal cord damage, are a risk in these accidents. Such injuries can lead to long-term disability or paralysis.
Immediate Actions After a Distracted Driving Accident
- Immediate Actions to Ensure Safety: The priority is safety after an accident. If you can, get to a safe location, turn on your emergency lights, and check for injuries. If anyone is hurt, call 911 immediately.
- Gathering Evidence at the Scene: If you can, take pictures of the crash scene, including damage to all vehicles, road conditions, and any visible injuries. Gather contact and insurance details from the other driver and contact details for any witnesses.
- Seeking Medical Attention: Even if you don't think you're injured, seeing a doctor after a crash is crucial. Some injuries, like head or back injuries, may not be immediately apparent. Keep all medical records and bills, as they will be necessary for your personal injury claim.
- Contacting a Lawyer: Contacting a Queens distracted driving accident lawyer as soon as possible can help safeguard your rights and ensure you receive the damages you deserve. An attorney can guide you through the legal process.
Determining Liability in Distracted Driving Cases in Queens
Deciding who is at fault in a distracted driving collision involves proving that the distracted driver was negligent. This means showing that the driver ignored the road and that this failure caused the accident. New York's comparative negligence laws may also impact the case, potentially reducing compensation if the victim is found partially at fault.
Establishing Negligence
To prove negligence in a distracted driving case, you must confirm the other driver was distracted and that this distraction led to the accident. Evidence like cell phone records, witness statements, and traffic camera footage can be crucial. A skilled lawyer can help gather and present this evidence effectively.
New York's no-fault insurance system can complicate personal injury claims from car accidents, including those involving distracted driving. However, if injuries are severe, you may be able to step outside the no-fault system and file a lawsuit against the distracted driver. Proving negligence is critical to winning such a case.
Potential Parties at Fault
While the distracted driver is often the primary party at fault, others may also bear responsibility. For example, their employer might be liable if the distracted driver was working during the collision. Identifying all potential at-fault parties is essential for ensuring you receive total compensation.
In some cases, the manufacturer of a vehicle or device that contributed to the distraction could also be held liable. This is more common in cases involving faulty vehicle design or malfunctioning devices. A thorough investigation by your legal team can uncover these details.
Damages You Can Collect in a Queens Distracted Driving Accident Claim
- Medical Expenses: You can demand compensation for all medical treatment related to injuries from the accident, including future medical care.
- Lost Wages: If the accident causes you to miss paychecks, you can claim compensation for lost income and future earning capacity.
- Pain and Suffering: Compensation may include payment for physical suffering and emotional trauma from the collision.
- Property Damage: You can recover damages to repair or replace your vehicle. This includes anything in your car that might have been damaged as well.
How Our Queens Distracted Driving Accident Lawyer Can Help You
- Investigating the Accident: Our law office will thoroughly review the crash to gather evidence of the other driver's distraction. This can include obtaining cell phone records, surveillance footage, and witness statements.
- Building a Strong Case: We'll build a solid case to prove the other driver's negligence with the evidence collected. This involves demonstrating how their distraction caused the car accident and the resulting injuries.
- Negotiating With Insurance Companies: Our experienced lawyers are skilled in negotiating with insurers to ensure you receive fair compensation. We'll handle all communication with the insurance company, so you don't have to.
- Fighting for Clients in Court: If a just settlement does not appear likely, we're prepared to take your case to court. Our attorneys will represent you at trial, fighting for the maximum compensation possible for our clients.
Contact Davidoff Law Personal Injury Lawyers for Immediate Support After a Car Accident
If you or someone you love has been hurt in a distracted driving collision in Queens, contact Davidoff Law Personal Injury Lawyers today. Our experienced team is ready to provide the support and representation you need to navigate this challenging time. We will deliver a free and confidential consultation to review your case and how we can help recover compensation for medical bills. Lean on our experience in car accident cases.
Be sure to seek legal assistance. The sooner you contact us, the better we can protect your rights. Let our experienced team work towards securing the compensation you deserve. Call us now to schedule your free consultation.
