New York was one of the first states to enact laws against distracted driving, according to the Institute for Traffic Safety Management and Research (ITSMR). However, despite these provisions, over 40,000 people suffered injuries as a result of distracted driving in 2018.
If you or a loved one suffered serious injuries because of distracted driving, you may have the right to receive compensation for each and every type of damage you sustained. Financial recovery can help you pay the costs associated with your accident, including your health care expenses, lost income, and pain and suffering. A Queens distracted driving accident lawyer can provide legal representation that protects your rights and builds a strong claim while you focus on your injuries.
Call Dansker & Aspromonte Associates today at (212) 732-2929 for a free consultation. We will work to secure the best possible outcome for you and your loved ones.
Distracted Driving Is a Common Risk
Every accident case is unique. Generally speaking, every driver is expected to operate his or her vehicle in a reasonable and careful manner. In many instances, however, motor vehicle accidents are the result of distracted driving, which is a broad category that covers a wide range of unsafe behaviors. According to the Centers for Disease Control and Prevention (CDC), distracted driving may consist of visual, manual, or cognitive distractions. For instance, one’s own thoughts may serve as a distraction, as “zoning out” could lead one’s attention away from the road.
Some of the most common distractions that may hinder a motorist’s ability to drive safely, include:
Texting While Driving
The New York State Department of Motor Vehicles (DMV) outlines several texting-specific behaviors that qualify as distracted driving.
- Writing a text message
- Reading a text message
- Sending a text message
- Saving a text message
The act of reading or writing a text message may be particularly dangerous, as they may require you to take your eyes off of the road for a significant period of time.
Engaging with Social Media
Pew Research Center notes that, as of 2019, 72% of people in the United States used at least one social media platform. Scrolling through social media while driving takes one’s attention from the road. Motorists who post to social media, scroll through posts, or create content while driving may be unable to avoid a collision.
Making Phone Calls
Many people use in-car technology to make phone calls. Because motorists can make phone calls without using their hands, many people think that talking on the phone while driving does not constitute distracted driving. However, this is not the case.
Being on the phone may:
- Cause one to become emotionally agitated
- Take one’s attention off of the road
- Take one’s mind away from safe driving practices
- Contribute to an accident
The decision to place or answer a phone call could be negligence. If you or a loved one suffered injuries because another driver was distracted, you have the right to pursue your legal options. Call Dansker & Aspromonte Associates today at (212) 732-2929 for further details about working with a Queens distracted driving accident lawyer.
Eating, Drinking, and Using the GPS System Also Cause Distractions
Any behavior inside a vehicle may cause a distraction that causes the driver to take his or her eyes off the road or lose concentration. Other common distractions include eating, drinking, and using the GPS system. Even a momentary distraction can cause an accident.
The potential causes of distracted driving are endless. Anything can be a distraction to a driver including other adults, children, or animals in a vehicle.
Compensable Losses Following a Queens Distracted Driving Accident
To recover monetary compensation for your damages, your lawyer will need to determine that another driver was at fault for causing your injuries. One way to do this is to prove that driver distraction contributed to the accident. Whether you were another driver, passenger, bicyclist, or pedestrian, drivers rarely admit that they were distracted at the time of the incident. In order to prove a distraction, a careful and thorough investigation is required to gather evidence. In certain instances, your lawyer can demand production of the at-fault driver’s phone and internet records, review traffic camera footage, and speak with witnesses to build your case. Additionally, if the other driver was issued a traffic citation that leads to a conviction, this fact will aid in proving that the driver was negligent and that you are entitled to compensation.
According to the New York State Police, if a motorist is found to be texting and driving, they could be fined up to $200 and issued five points on their license. Yet, these penalties pale in comparison to the losses that you or a loved one experienced after your accident.
Some compensable losses following a distracted driving accident include:
- Pain and suffering and loss of enjoyment of life
- Mental anguish
- Future pain and suffering, if your injuries are deemed permanent
- Loss of services around the home
- Damage to the marital relationship
- Your present, past, and future medical bills
- Lost income
- Reduced future earning capacity
- Property damage expenses
- Any other out of pocket expenses caused by your injuries
If you lost a loved one in a distracted driving accident, then you may be entitled to recover additional damages associated with wrongful death. These losses may include funeral and burial expenses as well as the loss of guidance and support to family members.
At Dansker & Aspromonte, our lawyers have decades of experience fighting for the rights of injury victims. Call us today so that we can begin a careful and thorough investigation of your accident, preserve evidence, protect your rights, and build a strong case for maximum recovery.
How Our Queens Distracted Driving Accident Lawyers Can Help You
You may have many questions about what a lawyer can do for you. When you partner with Dansker & Aspromonte Associates, we will use our experience and dedication to pursue a just outcome for your case. If we agree to accept your case, we will handle all aspects of your claim so that you can focus on your own recovery.
Some of the actions we will take to build a strong claim for you may include:
- Gathering all reports, witness statements, and photographs
- Securing video footage or other evidence
- Filing all claims and lawsuits in a timely manner
- Consulting experts in accident reconstruction and road safety
- Identifying all at-fault parties
- Managing communications with all responsible parties
- Requesting all hospital and medical records
- Retaining medical experts to prove injuries and fault
- Negotiating for a fair settlement of your claims
- Itemizing the cost of all economic damages such as lost wages and medical expenses
- Preparing your case for trial before a jury, if necessary
Call Dansker & Aspromonte Associates Today
If you suffered serious injuries because of a distracted driver, protect your rights and call Dansker & Aspromonte Associates today. Don’t delay. There are deadlines that limit the time you have to file your claims. If you fail to file your claims by the deadline, you may be prevented from recovering the compensation you deserve. Our lawyers have been fighting for injury victims just like you for over 30 years. Call us for a free consultation at (212) 732-2929. If we agree to accept your case, you will not be required to pay us any money upfront. We only earn a legal fee when we recover compensation for you. Our lawyers are standing by to hear from you.