Distracted Driving Lawyers in New York Help Win Compensation
For as long as vehicles have been traveling our roads, drivers have been tempted by distraction. But distracted driving is not an acceptable cure for road-borne boredom. Distracted driving is a dangerous, negligent epidemic on America’s roadways that can result in catastrophic injuries and death. Texting, talking on mobile phones, and technologies and devices compete for our attention and make the potential for distracted driving accidents terrifyingly high.
Distracted drivers’ victims may suffer terrible injuries and financial challenges after they are struck by a negligent driver. They may be left dealing with broken bones, brain and spinal cord injuries, whiplash, paralysis, and even death. Survivors may require continuing care and be unable to work at a time their bills and expenses keep mounting.
If you or a loved one was injured or someone has died in a crash caused by a distracted, negligent driver, you may be entitled to compensation through insurance or a personal injury lawsuit to win payment for the damages suffered, including pain, medical costs and loss of time from work. These claims provide a victim the opportunity to receive payment from negligent drivers and their insurance companies so they don’t have to shoulder the costs of another driver’s mistakes. However, New York injury laws are complicated, and insurance companies will try to get you to settle for the lowest amount possible, so this is not something you should try to fight on your own.
Fortunately, help is available from the experienced personal injury attorneys at Kaplan Lawyers, PC. Our New York car accident attorneys have helped hundreds of people file successful personal injury lawsuits in every type of vehicle accident. We know the courts and the system and how to handle even the most difficult distracted driving cases.
We offer a free consultation to examine the facts in your case and determine the best way to proceed. There are no fees to you unless and until we win a settlement for you, so call us today to get started.
How Our Distracted Driving Attorney Helps You
Why Choose Us?
There are many attorneys dealing with personal injury in New York, and it’s important for you to find one you have confidence in and who has the experience necessary to deal with the complications of distracted driving cases. Here are some reasons why we think Kaplan Lawyers PC is your best choice:
- We have more than 30 years of experience, and we get results, such as the $1.35 million we won in a car accident settlement.
- We have helped many satisfied clients. You can read our client testimonials to prove it.
- We help you find medical care for your injuries and make sure everything is documented.
- We handle all required legal paperwork and court appearances.
- We deal and negotiate with insurance companies, so you won’t have to.
- We are recognized in and give back to the community and have won awards including the AVVO Rating for Excellence in Personal Injury and the Top 100 Settlements for personal injury from Topverdict.com.
- We offer free initial consultations to get you started.
- Our reputation and our entire practice are built on achieving exceptional results while providing the best service possible.
- You pay us nothing unless we win and you get your money.
Our Legal Team Works for You
When you hire us to represent you after a distracted driving accident, we start working immediately to pursue justice for you. We will:
- Meet with you to hear how your accident happened, who the at-fault parties may be and what distractions may have been involved
- Determine if you have a valid case and estimate what it may be worth
- Investigate your accident and gather evidence such as from photos, traffic videos, driver cell phone records, and police and medical reports
- Interview witnesses and first responders
- Take care of all legal requirements in a timely manner, including filing all paperwork, making court appearances, and handling appeals
- Consult experts to reconstruct the accident and testify as to fault and experts to testify as to how your injuries negatively impact your life and ability to work.
- Negotiate with insurance companies and their lawyers for maximum compensation
- Build your case and take it to court if necessary.
Our lawyers have the experience necessary to identify all potentially liable parties in any type of vehicle accident and to hold them accountable.
Get Started Now (516) 399-2364
Compensation Distracted Driving Attorneys in New York May Recover
In a successful distracted driving lawsuit, our attorneys may win a monetary award called damages, which should cover both your economic expenses and noneconomic losses.
Economic damages – cover your monetary costs such as medical and rehabilitation bills, lost income from being unable to work, and property damage.
Noneconomic damages – for damages that do not have a specific dollar value but negatively impact your life, such as physical and emotional pain and suffering, loss of consortium, loss of quality and enjoyment of life, and disfigurement or permanent loss of limb.
Punitive damages – In some rare cases, where a defendant acted extremely egregiously and recklessly, you may also be awarded punitive damages. These are intended to punish the defendant and to deter such actions in the future.
New York does not have a damage cap for personal injury cases, and there are a wide range of settlement amounts possible, depending on the circumstances of your case. In general, the more permanent and severe the injury and the greater the impact on your life, the higher the award may be. Our attorneys will evaluate all factors to get a realistic idea of what your case is worth and fight for maximum compensation.
NYC Distracted Driving Lawyer Must Prove Negligence
A negligent driver is one who is careless or makes mistakes behind the wheel, often causing another person serious injury in the process. To win your case, our attorneys generally have to prove that the other driver, the defendant in the case, caused the accident due to careless driving while distracted. This means showing the existence of the following four elements:
- The driver owed you a duty of care to drive responsibly to prevent harm.
- The driver breached this duty by driving while distracted.
- This breach caused your injury.
- You suffered actual damages as a result.
To prove negligence, we would thoroughly investigate your case and gather evidence and testimonies to help prove that distracted driving was involved. Here are some examples that show how distraction impacts driving performance:
- After performing a simple task, such as selecting a song or ending a phone call, a driver’s focus is impaired for up to 27 seconds.
- The brain’s ability to process moving images is reduced by one-third of its capacity while speaking on the phone.
- Sending just one text takes a driver’s attention off the road for an average of five seconds, enough time to travel the entire length of a football field when traveling at 55 miles per hour.
Distracted Driving Attorneys Know New York’s Laws
New York is one of 46 states that have banned texting while driving. The maximum fine for cell phone use or texting is $50 to $200 for a first offense, $50 to $250 for a second offense within 18 months, and $50 to $450 for a third offense.
New York law also bans the use of portable electronic devices while behind the wheel, though not the use of hands-free devices or GPS devices attached to the vehicle. A violation will cost drivers five driver violation points. Conviction of a violation for those with learner’s permits will result in a 120-day driver license or permit suspension, for the first offense. Additional offenses can lead to the revocation of a license or permit for at least one year.
Facts About Distracted Driving
Here are additional facts about distracted driving:
- Distracted Driving Statistics
- Examples of Mobile Devices Beyond Texting
- Common Driver Distractions Not Related to Mobile Devices
- How Distraction Affects Driver Performance
- What New York Law Says About Distracted Driving
- How to Hold Negligent Drivers Responsible
- A SlideShare Examining the Costs and Consequences of Distracted Driving in New York.
Distracted Driving – By the Numbers
- 8 deaths occur every day in the United States due to distracted driving.
- 1,161 injuries occur every day in the United States due to distracted drivers.
- 60 percent of teen vehicle crashes involve distracted driving.
- 70 percent of teens report using mobile apps while driving.
- Over 50 percent of parents admitted to checking a mobile device while driving.
- 600 percent – Your chances of being involved in a crash increase by six times while sending just one text.
Study after study shows that distracted drivers are an urgent danger to people everywhere, Fortunately, there has been some effort among influencers and policymakers to push back against the deadly habit of texting behind the wheel. We go into great detail about the dangers of texting while driving elsewhere on our website, so let’s take a moment now to consider other common forms of distracted driving. We might divide those into two categories: (1) those involving a cell phone or mobile device and (2) more traditional forms of distracted driving.
Cell Phone-Related Distracted Driving (Other Than Texting):
- Dialing phone numbers
- Talking on the phone
- Reading or sending email
- Navigating with a GPS program
- Posting to Facebook, Twitter, Snapchat, Instagram or other social media platforms
- Playing games
- Surfing the web
- Searching for songs or playlists on an iPod or other music player
- Watching YouTube (or other videos)
- Taking pictures or browsing a photo library
- Recording or live-streaming video or audio
- Reading eBooks
- Online shopping (ecommerce)
- Checking traffic or the weather.
Believe it or not, people do all that and more on their phones while driving — and with surprising frequency. But distracted driving isn’t just limited to the things we do on our mobile devices. Many other activities, ones that we have all seen other drivers do, can also be a form of distracted driving . . .
Distraction Beyond Mobile Devices:
- Talking to passengers
- Attending to children in the backseat
- Rubbernecking (including reading billboards)
- Reading books or writing
- Adjusting the radio/playing music
- Eating and/or drinking (even nonalcoholic beverages)
- Looking at yourself in car mirrors
- Grooming/adjusting hair, lipstick, makeup, etc.
- Changing clothes or removing garments while driving
- Studying a map
- Using an external GPS console
- Reaching for something in another seat
- Reaching for something that the driver accidentally dropped
- Operating interior lights or an in-car TV system.
These are just a few examples of the many kinds of irresponsible driving in New York. If you’ve been injured in a collision with a distracted driver, contact the New York distracted driving lawyers at Kaplan Lawyers PC as soon as possible.
Distracted Driving Slideshare
Get Help from Our Distracted Driving Attorneys in New York City
Anyone who gets behind the wheel of a motor vehicle is required to drive responsibly and practice safe driving habits. When drivers devote their attention to anything other than the road, they must be held legally responsible for any injuries they cause and may be sued in court.
If you have lost a loved one has or have been seriously injured because of a distracted driver, you deserve to be compensated for the physical, emotional, and financial damages you suffered. We know how anxious and fearful people are after a serious vehicle accident and will do everything possible to take the burden off you and do the work necessary to get you a settlement. We take a client-first approach, so our priority is getting you the help you need. Let the New York City Distracted Driving Attorneys at Kaplan Lawyers PC take the burden off you by handling all legal hurdles, negotiations and requirements, so you can concentrate on your recovery.
Remember that a time limit may apply; in New York, you generally have three years from the date of the incident to file a claim. If you let this statute of limitations run out, the courts are likely to refuse to hear your case, so do not delay. Call us today for a free, no-obligation consultation while evidence is fresh and witnesses can be found.
Attorney Jared S. Kaplan
Attorney Jared S. Kaplan has focused his career on advancing his legal knowledge though the day to day practice of law. Jared is a partner in the law firm of Kaplan Lawyers PC in Syosset, New York and has been a practicing attorney for nearly 20 years. His career started in litigation, so Jared is aware of the pitfalls in litigation and uses that knowledge in the representation of his clients in complex matters. [ Attorney Bio ]