Distracted driving is one of the leading causes of serious car accidents in New York. If you were injured in a crash with a distracted driver, a Manhattan car accident lawyer can help you seek compensation.
Chaikin Trial Group Personal Injury Lawyers has won more than $100 million for clients like you. If you were involved in an accident with someone driving distracted, a distracted driving accident lawyer in Manhattan can take on your case and help you pursue a fair settlement.
How a Manhattan Distracted Driving Accident Lawyer Can Help
Insurance companies aim to pay as little as possible to car accident victims.
A Manhattan personal injury lawyer can step in and help with your case by:
- Collecting evidence: An attorney can gather police reports, witness statements, surveillance footage, photographs, and other available evidence to prove how the crash occurred and who is responsible.
- Calculating the value of your claim: An attorney can assess both your current and future losses to calculate your claim’s true value.
- Handling settlement negotiations: An attorney can communicate with insurance adjusters on your behalf and fight for a fair settlement.
- Preparing your case for trial: If settlement negotiations fall through, an attorney can present your case in court and fight for you before a judge or jury.
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What Types of Damages Can You Recover?
After a car crash, you can recover many different types of damages, including:
- Medical bills: You can seek compensation for emergency treatment, hospital stays, surgeries, medications, rehabilitation, and future medical treatment related to the accident.
- Lost wages: You can recover income you missed out on while recovering from the crash.
- Loss of future earning capacity: You can receive additional compensation if your injuries prevent you from returning to the same job or earning the same income in the future.
- Pain and suffering: You can be compensated for the physical pain and emotional distress caused by the crash.
- Property damage: You can recover the cost of repairing or replacing your vehicle and other damaged personal property.
- Emotional distress: You can recover compensation for anxiety, depression, post-traumatic stress disorder (PTSD), and other psychological effects of the accident.
- Loss of enjoyment of life: You can receive additional damages if your injuries keep you from participating in hobbies, recreational activities, or everyday experiences you used to enjoy.
- Permanent disability or disfigurement: You can recover additional compensation if your injuries result in lasting impairments or visible scarring.
- Punitive damages: In cases involving especially reckless or egregious conduct from the other party, you can pursue punitive damages.
Our Manhattan distracted driving accident lawyers can help you put together a comprehensive claim.
What Is the Deadline to File a Claim in New York?
Under NY CPLR § 214, you generally have three years from the date of a car crash to file a personal injury lawsuit. If the crash was fatal, you have two years from the date of the victim’s death to file a wrongful death lawsuit. Missing the applicable deadline can prevent you from recovering compensation, regardless of how strong your case may be.
Since important evidence can disappear over time, it’s best to contact a Manhattan distracted driving accident attorney right after your crash.
How Do You Prove Distracted Driving?
Proving that the driver who hit you was distracted often requires multiple pieces of evidence.
Evidence that may help you establish the other driver’s distraction includes:
- Police reports
- Witness statements
- Traffic camera footage
- Surveillance videos from nearby businesses
- Dashcam recordings
- Cell phone records
- Photos from the accident scene
- Accident reconstruction reports
- Electronic data from vehicles
- Social media activity posted around the time of the crash
A Manhattan distracted driving lawyer can help collect evidence to prove that the person who crashed into you was distracted.
Common Injuries in Distracted Driving Accidents
The force of a distracted driving collision can cause severe injuries.
Some of the most common injuries include:
- Whiplash
- Neck injuries
- Back injuries
- Spinal cord injuries
- Broken bones
- Traumatic brain injuries
- Concussions
- Facial injuries
- Internal bleeding
- Burns
- Soft tissue injuries
- Knee injuries
- Shoulder injuries
- Psychological trauma
A Manhattan distracted driving attorney can help you recover compensation for your medical expenses.
What Is Considered Distracted Driving?
Distracted driving occurs whenever a driver’s attention is diverted from safely operating a vehicle.
Common examples include:
- Sending or reading text messages
- Talking on a handheld phone
- Using social media
- Programming a GPS
- Eating or drinking
- Reaching for objects inside the vehicle
- Grooming
- Talking to passengers
- Adjusting vehicle controls
What to Do After a Car Accident in Manhattan
The actions you take after an accident in New York can affect your ability to pursue compensation.
You should:
- Call 911 and report the accident.
- Exchange contact and insurance information with the other driver.
- Take photographs of the accident scene, vehicle damage, road conditions, and any visible injuries.
- Obtain contact information from witnesses.
- Avoid discussing fault at the scene.
- Seek immediate medical attention, even if you believe your injuries aren’t serious.
- Notify your insurance company about the accident.
- Avoid posting details about the accident or your injuries on social media.
- Speak with a distracted driving accident attorney in Manhattan before accepting a settlement offer.
Get Help From a Distracted Driving Accident Attorney in Manhattan
If you were injured in a collision with a distracted driver, you need legal representation. An experienced Manhattan texting and driving accident lawyer from Chaikin Trial Group can investigate your accident, gather evidence to prove liability, and help you secure the compensation you deserve.
Book a free consultation to find out how you can seek justice.