Manhattan Distracted Driving Accident Lawyers
Helping Victims of Distracted Driving Accidents in Manhattan, NY
When you are driving, your attention should be on the road. Unfortunately, many drivers are distracted by their cell phones, GPS devices, and other electronic devices. When a driver is not paying attention to the road, he or she is more likely to cause an accident.
At Dansker & Aspromonte Associates LLP, we are committed to helping people who have been injured in distracted driving accidents. We have the experience and resources to handle the most complex cases, and we have a proven track record of success. Our attorneys have recovered hundreds of millions of dollars in settlements and verdicts for our clients.
What is Distracted Driving?
Distracted driving refers to any activity that diverts a person's attention away from the primary task of driving. This distraction significantly increases the risk of accidents and poses a threat to the safety of the driver, passengers, pedestrians, and other road users.
Distractions can be categorized into three main types:
- Visual Distractions: Taking your eyes off the road is a visual distraction. This can include looking at your phone, adjusting the GPS, or turning to talk to passengers.
- Manual Distractions: Taking your hands off the wheel is a manual distraction. Examples include texting, eating, adjusting the radio, or reaching for objects within the car.
- Cognitive Distractions: Taking your mind off the task of driving is a cognitive distraction. This can involve daydreaming, talking on the phone (even if hands-free), or being preoccupied with personal or work-related thoughts.
Common examples of distractions include:
- Texting and Driving: Writing, reading, or sending text messages while driving is one of the most dangerous distractions as it involves visual, manual, and cognitive elements.
- Talking on the Phone: Whether using a handheld or hands-free device, engaging in conversations on the phone diverts attention from the road.
- Eating and Drinking: Consuming food or beverages while driving can cause manual and visual distractions.
- Adjusting Controls: Tuning the radio, adjusting climate controls, or programming the GPS can divert attention away from driving.
- Talking to Passengers: Engaging in conversations with passengers, especially if they are distracting or emotionally charged, can be a cognitive distraction.
- Grooming: Applying makeup, fixing hair, or other grooming activities can take eyes off the road and hands off the wheel.
- Using In-Car Technologies: Interacting with in-car entertainment systems, touchscreens, or other electronic devices can lead to visual and cognitive distractions.
- External Distractions: This includes looking at billboards, reading roadside signs, or being distracted by events happening outside the vehicle.
What are the Laws Regarding Distracted Driving?
In New York, it is illegal to use a handheld mobile device while driving. This includes talking on the phone, texting, and using the internet. If you are caught using a handheld mobile device while driving, you can be ticketed and fined. If you are a probationary or junior driver, you may also have your license suspended.
However, even if you are not using a handheld mobile device, you can still be distracted by your cell phone. If you are using a hands-free device, you can still be ticketed if you are not paying attention to the road. If you are distracted by your cell phone and cause an accident, you can be held liable for any injuries that occur.
There are also laws that prohibit certain drivers from using a cell phone while driving. For example, bus drivers and taxi drivers are not allowed to use a cell phone while driving. If a bus driver or taxi driver is distracted by his or her cell phone and causes an accident, the driver and the driver’s employer can be held liable for any injuries that occur.
Proving Liability in a Distracted Driving Accident
Proving liability in a distracted driving accident in New York typically involves gathering evidence that demonstrates the negligent behavior of the at-fault driver. Here are steps and considerations to help establish liability in a distracted driving accident:
- Gather Evidence at the Scene: If it's safe to do so, collect evidence at the accident scene. Take photos of the vehicles involved, the surrounding area, and any relevant road signs or signals. Look for witnesses and obtain their contact information. Witnesses can provide valuable statements about the events leading up to the accident.
- Call Law Enforcement: Report the accident to the police. Law enforcement officers will conduct an investigation and create an official report, which can be crucial in determining fault. Ensure that you accurately describe the details of the accident, including any suspicions of distracted driving.
- Document the Other Driver's Behavior: If you suspect the other driver was using a mobile phone or engaged in other distracting activities, document this information. Make a note of any statements they make regarding their actions leading up to the accident.
- Request Phone Records: If distracted driving involving phone use is suspected, you may attempt to obtain the other driver's phone records. This can be valuable evidence to establish that the driver was using their phone at the time of the accident. Note that obtaining phone records may require legal procedures.
- Seek Surveillance Footage: Check for any nearby surveillance cameras that might have captured the accident. Businesses, traffic cameras, or private residences may have footage that can provide additional evidence.
- Obtain Expert Opinions: Consult with accident reconstruction experts or other relevant professionals who can analyze the evidence and provide expert opinions regarding the cause of the accident. Their testimony can be valuable in court.
- Collect Medical Records: Gather medical records that document injuries sustained in the accident. This can help establish the severity of the impact and connect the injuries to the distracted driving incident.
- Document Your Damages: Keep records of all damages, including medical expenses, property damage, and other costs incurred due to the accident. This information is crucial when seeking compensation.
- Consult with an Attorney: Engage with a personal injury attorney experienced in New York law. They can guide you through the legal process, help gather evidence, and represent your interests in negotiations or court proceedings.
At Dansker & Aspromonte, we are committed to helping people who have been injured in distracted driving accidents. We have the experience and resources to handle the most complex cases, and we have a proven track record of success. Our attorneys have recovered hundreds of millions of dollars in settlements and verdicts for our clients.
Brain Damaged Child $50 Million
A four-year-old boy was brought to the hospital for a routine eyelid repair. To cut costs, the hospital contracted out its anesthesia services to a third-party corporation.
Wrongful Death $21.5 Million
This accident occurred in the Bronx when our client was working on a sanitation truck. The driver lost control while making a turn. Our client was ejected and the truck ran over his leg.
Pedestrian Injury $10.3 Million
A 22-year-old theater intern was walking across the intersection of 42nd Street and Ninth Avenue in Manhattan when she was struck by the rear door of a passing truck which had flown open because it had been improperly secured by the driver.