Distracted driving accidents are among the most common types of auto accidents in New York and throughout the United States. Drivers who eat, drink, text, and watch videos behind the wheel put everyone else’s lives in danger.
If you or your loved one have been seriously injured in a distracted driving accident, the attorneys at Dell & Dean, PLLC are here to help. Our experienced Long Island personal injury attorneys can help you understand your legal options. You may be entitled to compensation for your medical expenses, lost income, property damage, disability, pain and suffering, and other expenses.
The Types of Distractions on the Road
Drivers can be distracted by several different things, but many people think of “texting and driving” as the number one example. Texting can be especially dangerous when driving, and that’s why it’s illegal in New York. Using a handheld mobile electronic device while operating a vehicle is illegal according to the New York Department of Motor Vehicles (DMV).
Texting while driving is punishable by law, with penalties including driver violation points, fines, and license revocation. However, other distractions exist when drivers are on the road. According to the Centers for Disease Control and Prevention (CDC), distractions can occur in three main forms:
- Visual distraction: These distractions take a driver’s eyes off of the road ahead of them. Examples include animals or people on the side of the road, sun glare, and road signs.
- Cognitive distraction: These distractions include taking the driver’s attention off of driving, such as road rage, daydreaming, fatigue, or driving while intoxicated.
- Manual distraction: These distractions involve physically taking the driver’s hands off of the wheel. Examples include changing the air conditioning or heating level, using a GPS device, texting, or reaching for an object in the car.
The Benefits of Hiring Dell & Dean, PLLC
Car accident claims can be complex. If you’ve been seriously injured, dealing with insurance adjusters and attorneys may seem overwhelming. When you work with Dell & Dean, PLLC, you can rest assured our attorneys will handle every aspect of your case so you can focus on your recovery. While you focus on your medical treatment and recovery, our legal team will begin investigating the accident and gathering evidence.
We will speak to any witnesses, consider any video footage of the accident, review the police report, and work with accident reconstruction specialists when necessary. Our law firm has long-standing relationships with members of the medical community and the financial ability to pay for litigation, increasing the likelihood of recovery. Our attorneys have a reputation for being thorough, diligent, and paying attention to detail.
Proving Negligence After a Distracted Driving Accident
If you believe the driver who caused the car accident was distracted at the time, one of the first things you may discuss with your attorney is the cause of the accident. To recover compensation through an insurance claim or personal injury lawsuit, you’ll need to prove the accident was caused by the at-fault driver’s negligence. Specifically, you’ll need to prove the following elements:
- The defendant had a legal duty to safely drive on the road
- The defendant breached this duty by engaging in distracted driving
- This breach caused a car accident
- The car accident caused you to suffer injuries and other damages
When you work with Dell & Dean, PLLC, we will carefully investigate your case and gather all available evidence showing the at-fault driver was engaged in distracted driving. Videos, photographs, witness statements, and the police report are all crucial evidence in distracted driving cases. If you suspect the at-fault driver was texting while driving, we can subpoena the driver’s cell phone records which may prove he or she was texting at the time of the accident.
At Dell & Dean, PLLC, we handle every aspect of our client’s cases, including gathering evidence. We frequently work with experts, including accident reconstruction specialists who can help determine the cause of the accident. Our Long Island car accident attorneys will help you build your case and act as your advocate during hearings and negotiations, so you can focus on your recovery.
Compensation Available for Distracted Driving Accident Victims
As a distracted driving accident victim, you may be eligible for compensation for your injuries. New York civil laws give accident victims the ability to pursue financial recovery for their damages following a car accident. New York is a no-fault state, meaning you will need to pursue initial compensation from your own insurance company, even if another driver caused your accident.
For those who’ve been severely injured, personal injury protection (PIP) coverage may not be adequate to cover all the resulting damages. Seriously injured victims can file a claim for compensation with the at-fault driver’s insurance provider.
Pursuing Damages Through a Personal Injury Lawsuit
Victims can also pursue damages through a personal injury lawsuit against the at-fault, distracted driver, and any other at-fault parties. Plaintiffs can recover compensation for their medical bills, including payments for past and future hospital stays, treatments, surgeries, medications, medical devices, live-in care, and other accident-related medical expenses.
Victims can also recover compensation for their property damage, including their damaged vehicles. They can also recover compensation for lost wages. You may qualify for reimbursement for your lost income if you have to miss work, lose wages, or use your vacation time due to a distracted driving accident. Whether you’ve been seriously injured or your loved one has been injured or killed by distracted driving, speaking to an attorney as soon as possible is crucial.
Discuss Your Distracted Driving Case with a Long Island Car Accident Attorney
You might have grounds to pursue compensation if a distracted driver caused your injuries. Pursuing compensation can help you pay for all of the financial losses you’ve endured in the past or will need to face in the future, including your medical expenses. The legal team at Dell & Dean, PLLC is prepared to advocate for the full and fair compensation you need and deserve. Don’t hesitate to contact Dell & Dean, PLLC to schedule a complimentary, no-obligation case evaluation.
Dell & Dean, PLLC, represents distracted driving accident victims throughout Nassau County and Suffolk County on Long Island as well as the boroughs of New York City, and the surrounding areas.
