In New York, the driver whose inattention caused the collision is usually liable for a distracted driving accident, though they might not be the only one responsible for the incident. Other parties might share liability, depending on the facts of your case.
Instead of trying to figure out who’s liable all by yourself, let a Bronx car accident lawyer investigate the crash, collect evidence that proves what happened, identify every potentially responsible party, and pursue compensation on your behalf.
Understanding Liability in a Distracted Driving Accident
One of the first questions people ask after a distracted driving crash is who will ultimately be responsible for paying damages. In many cases, liability falls on the distracted driver. Every driver in New York has a legal duty to operate their vehicle safely and pay attention to the road.
When a driver chooses to send a text message, scroll through social media, watch a video, enter directions into a GPS, eat, or engage in any activity that takes their attention away from driving, they may be violating that duty of care.
When that distraction causes an accident, the driver can be held financially responsible for the injuries and losses that result. However, unlike a drunk driving case where chemical testing may establish impairment, distracted driving often requires a more detailed investigation.
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What Counts as Distracted Driving Under New York Law?
Distracted driving is much broader than simply texting behind the wheel. New York law prohibits the use of handheld electronic devices while driving. The law can be found under New York Vehicle and Traffic Law Section 1225-c.
The law restricts the following activities:
- Texting
- Emailing
- Browsing the internet
- Viewing videos
- Using handheld devices while driving
However, legal liability is not limited to cell phone use. Drivers can also become distracted by the following behaviors:
- Eating or drinking
- Adjusting vehicle controls
- Looking at passengers
- Grooming activities
- Searching for items inside the vehicle
- Programming navigation systems
A lawyer’s job is not simply to show that the driver was distracted. The goal is to prove that the distraction directly contributed to the collision and your injuries.
Why Proving Liability is Often Harder Than Victims Expect
Many accident victims assume the distracted driver will simply admit what happened. Unfortunately, that is rarely the case. After a crash, drivers often deny using their phones or engaging in distracting behavior.
Insurance companies may support those denials unless clear evidence exists. This creates a challenge for injured victims because proving distraction requires evidence that may disappear quickly. Here’s what you can trust your lawyer to help you obtain:
- Cell phone records
- Surveillance footage
- Dashcam recordings
- Witness statements
- Police reports
- Vehicle data recordings
In many distracted driving cases, timing is everything, and any delays can work against you. This is one of the many reasons why you should get a lawyer as soon as possible.
What Happens When More Than One Person Is Liable?
One issue many people overlook is that liability does not always stop with the distracted driver. Depending on the circumstances, other parties may share responsibility.
For example, if the distracted driver was working at the time of the crash, their employer may potentially bear responsibility under certain circumstances.
Here’s what a lawyer can investigate on your behalf:
- The driver was performing job duties
- The employer encouraged unsafe practices
- Company policies contributed to the distraction
- Commercial vehicle operations played a role
Additional parties may also become involved if vehicle defects contributed to the accident. Although driver distraction is usually the primary issue, attorneys sometimes investigate whether defective safety systems, vehicle components, or technology failures worsened the outcome.
The goal is to identify every source of potential recovery so victims are not limited to a single insurance policy when other options may exist.
How Comparative Negligence Can Affect Your Case
One reason liability matters so much is due to New York’s adherence to a comparative negligence system. Insurance companies often try to argue that injured victims were partially responsible for the accident.
These are examples of what they might claim, even if it’s not true or relevant to your case:
- You were speeding.
- You failed to react quickly enough.
- You were not paying attention.
- You contributed to the circumstances of the crash.
Under New York’s comparative negligence rules, compensation can be reduced based on the percentage of fault assigned to the injured party.
This makes liability disputes especially important. A lawyer works to gather evidence that minimizes these arguments and keeps the focus where it belongs: on the distracted driver’s conduct.
Without strong legal representation, accident victims sometimes find themselves unfairly blamed for events they did not cause.
Contact Chaikin Trial Group Personal Injury Lawyers to Figure Out Who’s Liable for a Distracted Driving Accident in New York
If you were hurt in an accident involving a distracted driver in New York, don’t wait a second longer to call Chaikin Trial Group Personal Injury Lawyers. As a law firm that has recovered $100 million for our clients, our attorneys have 50 years of combined experience.
Together, we focus on pursuing favorable verdicts and settlements for people just like you. As your lawyer, we can investigate the collision, identify every liable party, collect important pieces of evidence, and build a strong claim that holds the negligent parties accountable.
We’re transparent throughout the entire legal process, so you’ll always know what’s going on with your case. You can count on us to treat you like our own family.
Call us today for urgent representation and trustworthy advice. Come in as a client, leave as a friend.
