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Distracted Driving Accidents



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    Queens Distracted Driving Accident Lawyer

    Representing Victims of Distracted Driving in Suffolk County, Nassau County & All of New York

    Every year, thousands of people are injured and killed in auto accidents caused by distracted drivers. Distracted driving is a leading cause of auto accidents in the United States, and it is entirely preventable. If you or a loved one was injured in a crash caused by a distracted driver, you may be entitled to compensation for your medical bills, lost wages, and pain and suffering. Our Queens distracted driving accident attorney can help you understand your legal options and take action to recover the money you are owed.

    Call the Law Office of Seni Popat, P.C. at (718) 340-3385 or contact us online to request your consultation.

    What Is Distracted Driving?

    Distracted driving occurs when a driver is not paying full attention to the road and/or the act of driving. There are three main types of distraction, each of which can cause an accident and result in serious injuries or fatalities.

    The three main types of distracted driving are:

    • Manual: Taking your hands off the wheel
    • Visual: Taking your eyes off the road
    • Cognitive: Taking your mind off driving

    Texting while driving is particularly dangerous because it involves all three types of distraction. However, any activity that takes a driver’s focus away from the road and driving is considered distracted driving.

    What is the Most Common Type of Driving Distraction?

    There are many different types of distracted driving, from texting to eating to grooming. While some types of distracted driving are more common than others, all can result in serious accidents and injuries.

    Common types of distracted driving include:

    • Texting
    • Talking on the phone
    • Using a GPS or navigation system
    • Adjusting the radio or temperature controls
    • Eating or drinking
    • Grooming (e.g. brushing your hair or applying makeup)
    • Interacting with passengers
    • Watching a video

    Proving Distracted Driving in New York

    Proving that a driver was distracted at the time of a crash can be difficult. This is why it is so important to work with an experienced distracted accidents attorney in Queens who can help you gather the necessary evidence to prove your claim.

    Common evidence used to prove distracted driving includes:

    • Cell phone records
    • Witness statements
    • Surveillance footage
    • Photos of the accident scene
    • Police reports
    • Expert testimony
    • Traffic camera footage

    While it is illegal to text and drive in New York, drivers are still allowed to talk on the phone and use hands-free devices. However, if you can prove that a driver was using their cell phone at the time of the accident, you may be able to use this as evidence of distracted driving.

    What to Do After a Distracted Driving Accident

    If you were involved in a distracted driving accident, there are several steps you should take to protect your health and your rights.

    After a crash, you should:

    • Call 911 and report the accident to the police
    • Seek medical attention, even if you don’t think you were injured
    • Follow your doctor’s orders and keep copies of all medical records
    • Take photos of the accident scene, damage to your vehicle, and your injuries
    • Get the other driver’s insurance information
    • Do not apologize or admit fault
    • Write down the names and contact information of any witnesses
    • Contact a distracted driving accident lawyer in Queens for a free consultation

    Compensation for Distracted Driving Accidents

    If you have been injured in a distracted driving accident, you may be entitled to compensation for your medical bills, lost wages, pain and suffering, and other damages. Some common types of compensation in distracted driving cases include:

    • Medical Expenses: This includes the cost of hospital bills, surgeries, doctor visits, rehabilitation, and any other medical treatment required as a result of the accident.
    • Lost Wages: If you were unable to work due to your injuries, you may be entitled to compensation for the wages you lost during your recovery period.
    • Pain and Suffering: This type of compensation addresses the physical pain and emotional distress caused by the accident and its aftermath.
    • Emotional Distress: If you have experienced anxiety, depression, or PTSD as a result of the accident, you may be able to recover compensation for your emotional and psychological damages.
    • Property Damage: If your vehicle or other personal property was damaged in the accident, you may be entitled to compensation for repairs or replacement.
    • Loss of Consortium: If your injuries have affected your relationship with your spouse, they may be entitled to compensation for the loss of companionship or intimacy.

    Statute of Limitations in Queens

    In Queens, New York, the statute of limitations for filing a distracted driving accident claim is three years from the date of the accident. This is in accordance with New York's Civil Practice Law and Rules (CPLR) § 214. This means that if you have been involved in a distracted driving accident, you generally have three years to file a personal injury lawsuit in court to seek compensation for your injuries and damages.

    However, if your accident involves a government vehicle or agency, such as a city-owned vehicle, you may need to file a notice of claim within 90 days of the incident before proceeding with a lawsuit.

    It’s crucial to take action quickly after a distracted driving accident to protect your rights. Evidence may degrade over time, and witnesses may become unavailable, making it harder to build a solid case. Consulting with a Queens distracted driving accident lawyer as soon as possible after the accident can help ensure you meet the necessary deadlines and maximize your chances of a successful claim.

    Distracted Driving Laws in New York State 

    Overview of New York's Laws

    In New York, distracted driving is prohibited under several laws designed to protect drivers, passengers, and pedestrians from the dangerous consequences of inattention on the road. The state has strict rules in place for various forms of distracted driving, with particular emphasis on mobile phone use.

    Hands-Free Law (VTL § 1225-c): New York’s hands-free law makes it illegal for drivers to use a handheld mobile device while operating a vehicle. Drivers are allowed to use a phone only through hands-free technology, such as Bluetooth or a voice-activated system. The law applies to activities such as texting, calling, browsing, or using social media. The penalty for violating this law is a fine of up to $200 for a first offense, and a fine of up to $400 for a second offense within 18 months. A third violation within 18 months can result in a fine of up to $800. In addition, violating this law adds points to a driver’s license and may lead to increased insurance premiums.

    Texting While Driving (VTL § 1225-d): It is illegal to text or engage in any similar type of written communication while driving in New York. This includes sending or reading texts, emails, or other messages while behind the wheel. The penalty for texting while driving is similar to the hands-free law, with fines and points assessed for each offense. The law also prohibits the use of mobile phones or other electronic devices to manually compose or read text messages while driving.

    Use of Electronic Devices for Other Purposes: While texting and talking on the phone are the most common forms of distraction, New York law also addresses the broader issue of distracted driving. The law prohibits drivers from engaging in distracting activities such as adjusting the radio or GPS while driving. Although these activities are not specifically outlawed, they are considered secondary distractions and could contribute to reckless or negligent driving. In such cases, drivers may still be cited for reckless driving or charged with other violations.

    How Our Firm Can Help

    At the Law Office of Seni Popat, P.C., we know how devastating the aftermath of a serious auto accident can be. We also know how to help you seek the full, fair recovery you are owed. Our Queens distracted driving accident lawyer is prepared to aggressively advocate for you and your rights throughout the legal process.

    When you choose our firm, you can expect:

    • Compassionate, personalized legal guidance
    • 24/7 availability and Spanish-speaking services
    • Free, confidential consultations to discuss your case
    • Contingency fees—this means you owe us nothing unless/until we win your case
    • Aggressive representation in settlement negotiations and at trial
    • Our honest assessment of your case and its potential value

    We are here to answer your questions, address your concerns, and provide you with the caring support you deserve during this difficult time. Our firm is available to take your call 24 hours a day, 7 days a week, and we can meet you at your home, in the hospital, or in the office if you are unable to come to us.

    Get in touch with our Queens distracted driving accident attorney today at (718) 340-3385 to get started with your initial consultation. We are ready to fight for you.

    Commonly Asked Questions

    What Type of Distracted Driving Causes the Most Accidents?

    The type of distracted driving that causes the most accidents is visual distraction, primarily stemming from the use of cell phones. This includes activities like texting, browsing social media, or using navigation apps while driving. The combination of visual, manual, and cognitive distractions involved in using a cell phone makes it particularly dangerous.

    What is the Best Way to Deal with a Distracted Driver?

    To deal with a distracted driver, remain calm and focused on defensive driving, keeping a safe distance to allow for quick reactions. Avoid tailgating and stay alert to signs of distracted driving, such as swerving or inconsistent speeds. If necessary, contact authorities with details about the driver’s behavior. Do not engage or retaliate if the driver acts aggressively, and if their behavior becomes dangerous, pull over to a safe location. In case of an accident, gather evidence, including photos, witness statements, and dashcam footage, to support your claims or legal actions.

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