If you’ve been in a distracted driving accident in New York, you should take action to protect your health and your right to recover compensation. A Long Island car accident lawyer can help you with the legal process.
What Should You Do After a Distracted Driving Accident in New York?
Your first steps after an accident should always be to prioritize your health and safety. In addition, you should report the accident, document the accident, call a Long Island personal injury lawyer, and avoid certain actions.
Below, we’ll go through each step more in-depth.
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Protect Your Safety After a New York Distracted Driving Accident
After an accident, if it is safe and possible to do so, you should move your vehicle out of direct traffic. You should then dial 9-1-1 so that your injuries can be assessed by a medical professional.
If your neck or back is in pain, or if you have hit your head or lost consciousness at any point, avoid moving as much as possible. Wait for the EMTs to arrive instead.
If you do not receive emergency medical services, ensure that you follow up with your doctor as soon as possible. Some injuries will worsen if left untreated. Additionally, your medical records will serve as a vital piece of evidence for your personal injury claim.
Report the Distracted Driving Accident to the Police
Reporting the accident to the police is vital. If you wait, the other driver may change their story, or key evidence could be lost.
Once police officers arrive, explain what happened, but ensure that you stick to the facts. Avoid blaming yourself or apologizing.
Police officers will create a crash report that details the evidence they collect, witness statements, and will often contain the officer’s analysis of fault.
Document the Accident
If it is possible to do so, you should take photos of the accident scene. You should ensure you get photos of:
- Vehicle damage.
- Debris, such as broken window glass.
- Skid marks.
- Any visible injuries that you have.
In addition to taking photos, collect the contact information of any witnesses who are present.
Call a New York Distracted Driving Accident Lawyer
Calling a lawyer as soon as possible ensures that your legal rights will be protected. Your New York personal injury lawyer will be able to:
- Investigate the accident to prove negligence occurred.
- Gather evidence that strengthens your claim.
- Handle all communication with insurance adjusters.
- File all necessary paperwork.
- Negotiate on your behalf, advocating for fair compensation.
- Offer advice on any settlement offers you receive.
- Represent your case in court when necessary.
Your lawyer will move quickly to preserve evidence. They will also ensure that your case is filed within New York’s statute of limitations deadline for personal injury lawsuits.
Affording a Personal Injury Attorney
Personal injury attorneys work on contingency. This means that there are no upfront costs to injury victims and their families. Instead, the lawyer’s fees are only paid if they can recover compensation for their clients.
The fees are then typically taken as a percentage of the settlement. The fee percentage will be set at the time of the lawyer’s hiring.
What Should You Avoid Doing After a Distracted Driving Accident in New York?
While we’ve covered some important steps above, we’ll now dive into some actions to avoid. They include:
Talking to Insurance Adjusters
Adjusters may contact you almost immediately after an accident. They may ask leading questions or misconstrue your answers, shifting an unfair amount of blame onto you.
When contacted by insurance adjusters, you should direct them to your attorney instead.
Posting on Social Media
Any public social media posts are fair game for insurers to use as evidence. They may argue that your posts show that you are less injured than you claim.
Stopping or Delaying Medical Treatment
You should always follow the medical advice of your doctor or medical team. This is essential for your healing and recovery process, but it also protects your legal rights.
If you do not follow your doctor’s advice or stop treatment altogether, an insurer may say that your injury claims were exaggerated.
Delay Getting Started on Your Case
In New York, you generally have three years to file a personal injury lawsuit. Failure to do so within this time may bar you from recovering compensation.
What Compensation Can You Recover After a New York Distracted Driving Accident?
If you or a loved one was injured by a distracted driver, you may be eligible to recover compensation for the full scope of your losses. Your lawyer will pursue compensation for losses like:
- Medical expenses, including both immediate and future expected medical care costs.
- Lost wages and lost job benefits.
- Diminished earning capacity.
- Home or vehicle modifications.
- Property damages, such as the repair or replacement of your vehicle and personal belongings that were damaged in the accident.
- In-home services, like housekeeping or childcare, that you are unable to complete while recovering.
- Pain and suffering.
- Emotional distress.
- Loss of consortium.
- Loss of enjoyment of life.
Many insurance companies may make quick but low offers in hopes that injury victims will accept them to cover immediate costs. Your lawyer will advocate for the maximum compensation you deserve instead.
Contact a Distracted Driving Accident Attorney in New York Today
What should you do after a distracted driving accident in New York? Keep yourself and others safe, then call a lawyer. Your lawyer will handle the legal process of your injury claim, while you focus on the healing process.
At Chaikin Trial Group Personal Injury Lawyers, our legal team is here to offer the support and compassionate legal care that you deserve. Contact us today to get started on your case with a free initial consultation.
