Common Types of Distracted Driving
Driver inattention or distracted driving is the number one contributing factor to car accidents in New York. With the increased use of cell phones over the decades, more and more people began to use their phones while driving, often getting distracted and causing crashes. In due course, New York became the first state in the nation to ban the use of handheld phones while driving.
National Highway Traffic Safety Administration (NHTSA) distributes distracted driving into the following three categories: visual, manual, and cognitive.
Any situation that causes a person to take his or her eyes off the road constitutes a visual distraction. This may include:
- Reading text messages
- Adjusting the radio or climate controls
- Watching an electronic device
- Looking at navigating instruments
- Looking at another passenger in the vehicle
Scenarios that involve a person taking their hands off the wheel. At times this may include a combination of visual and manual distraction. Situations that cause manual distractions include:
- Answering or texting on a cell phone
- Eating or drinking
- Changing the radio or climate controls
- Putting on make-up
- Handing something to another passenger or child
Cognitive distractions can stem from any situation that involves the driver taking his or her mind off driving, such as:
- Conversing with another passenger
- Texting on a cell phone
- Talking on the phone
- Thinking anxious or stressful thoughts
- Driving while drowsy
- Helping a child in the vehicle
Types of Injuries Caused by Distracted Driving Accidents
Despite the brevity of distraction, the resulting damage can still be severe. Car accident victims may suffer devastating injuries, left temporarily incapacitated or even with life-changing injuries.
Types of injuries that can result from a distracted driving car accident include:
- Burn injuries
- Chest injuries
- Cuts, bruises, and lacerations
- Fractures and broken bones
- Head and neck injuries
- Knee injuries
- Nerve damage
- Organ damage
- Soft tissue injuries
- Spinal cord damage
- Traumatic brain injuries
- Wrongful death
Our lawyers understand the devastating effects car accidents can place on families and we want to use our knowledge and experience to help. If you were hurt in a New York distracted driving accident, schedule a free consultation with one of our team today. We are available 24 hours a day, 7 days a week, to provide reliable legal advice for your distracted driving accident case.
Damages You Can Recover for a Distracted Driving Accident
When a person is injured in a car accident, he or she is often weighed down with a heavy financial burden. This is generally a result of the costly medical expenses incurred and loss of income due to having to take time off work to recover.
Our qualified distracted driving accident lawyers understand the New York laws that govern personal injury and know what damages you can claim for your injuries. Damages our attorneys try to recover compensation for may include:
- Medical expenses resulting from the accident
- Loss of income and earning capacity
- Property damage
- Pain and suffering
- Emotional distress
- Funeral and burial expense
- Loss of companionship or consortium
- Loss of enjoyment
- Out-of-pocket expenses related to the accident
- Loss of income or benefits from a deceased person
New York’s Negligence Laws and How They Affect Your Case
The majority of car accidents are a result of negligence. Negligence refers to when a person acts carelessly or fails to act in a manner that is reasonably expected. For a car accident victim to successfully recover compensation for his or her injuries, the evidence must show that the driver acted negligently. This is referred to as the burden of proof.
In the State of New York, there are four elements that must be established to prove negligence:
- Duty of care: The driver owed you a duty of care to operate his or her vehicle in a reasonably safe manner
- Breach of duty: The driver failed to act reasonably and thereby caused the car accident
- Causation: The driver’s breach of care was a direct cause of your injuries
- Damages: The injuries you sustained in the accident led to financial damages
The lawyers at Judd Shaw Injury Law know how to get the evidence required to prove your case and get the compensation you need to move on with your life. However, it is crucial to get in touch with us as soon as possible so that we have the chance to gather the necessary evidence and file your claim within the statute of limitations. New York sets a 3-year time limit from the date of the accident or injury to file personal injury claims.
Don’t delay! Talk to one of our distracted driver accident lawyers to find out how we can help you with your case.
How the Pure Comparative Negligence Law works in New York
Not all accidents are the fault of a single individual At times, there might be multiple at-fault parties involved, including yourself, who share the blame. What happens in such a case? Each state varies in the way cases involving negligence are handled. Some bar victims from recovering any compensation if they shared even 1 percent of the blame. Fortunately, New York follows the pure comparative negligence system, which means each party involved in an accident has the opportunity to recover compensation. Even if a person is 99 percent at fault, he or she can seek compensation. The amount of compensation awarded is reduced according to the proportion of fault a person shares.
Although the pure comparative negligence law allows multiple parties to seek compensation, it tends to make the litigation process more complex. Hiring a seasoned personal injury lawyer can give you confidence that your case is being handled professionally and all legal procedures are being carried out properly. Our lawyers at Judd Shaw Injury Law work hard to give each client the peace of mind he or she needs to focus on recovery.
Benefits of Hiring a Distracted Driving Accident Lawyer
It can be overwhelming for car accident victims and their families to tackle legal matters on their own. Many victims often don’t know where to start and must spend hours poring over several legal documents just to understand the legal process. It’s much safer to leave your case in the hands of an experienced attorney. After all, the slightest mistake in submitting your paperwork could lead to your case being denied or rejected, losing any opportunity to seek compensation.
Reduce the stress of dealing with insurance companies
On top of all that, how do you find the time to spar with insurance adjusters? Dealing with insurance companies can be stressful. You might constantly worry whether you have unknowingly said something that has hurt your case. Our lawyers, though, have extensive experience handling car accident cases. We know the laws, courts, and tactics that insurance companies tend to use on victims. When you hire us, we use our knowledge and resources to defend your rights and seek the compensation you deserve.
Hiring a distracted driving accident lawyer can help relieve unnecessary stress for you and your family, allowing you to focus on getting better and moving on with your life.
Get more money for your claim
What’s more, legal representation may increase your chances of getting compensation for your injuries, which is often a much higher amount than if you were to submit an injury claim on your own. It is our job to seek justice for our clients and strive to get the maximum amount of compensation available for their damages.
Focus on recovery while we do the footwork
At this time, it’s most important for you and your family to recover physically and emotionally. You can prioritize these needs by leaving the legal work to Judd Shaw Injury Law. Duties our legal team carries out for our clients include, but are not limited, to:
- Obtaining the necessary evidence to build a strong case and prove negligence
- Communicating with your health care providers to obtain needed records
- Managing all correspondence with insurance companies and adjusters
- Ensuring all documentation is prepared and ready to submit within the required time limits
- Handling negotiations for a satisfactory settlement with the insurance adjuster or defense attorney
We Are Committed to Helping Distracted Driving Accident Victims
We understand the heavy toll car accident injuries can place on victims and their families. Our car accident attorneys have years of experience fighting for New Jersey and New York auto accident victims, providing quality legal representation without the worry of out-of-pocket costs. We offer each client our No Fee Guarantee®, you won’t pay us anything unless you get money for your claim. Judd Shaw Injury Law’s legal team is committed to providing the highest level of service for you and your family, guided by a set of core values that defines every action we take on behalf of our clients each step of the way. We call it “The Judd Shaw Way.” Find out how we can help you with your case. Call us at 1-866-909-6894 to talk to one of our distracted driving accident lawyers today.