Did you get hurt in a collision with a driver who wasn’t paying attention to the road prior to the crash? As the victim of this type of crash, you’re legally allowed to take action and pursue compensation with the guidance of a car accident lawyer in Long Island.
Don’t wait any longer to contact Chaikin Trial Group Personal Injury Lawyers. Our principal lawyer has been practicing personal injury law for 20 years, and together, our attorneys have 50 years of combined experience.
In that time, we’ve recovered $100 million in compensation on behalf of our clients. As your distracted driving accident lawyer in Long Island, we will take on the responsibility of looking into the details of the crash and fighting for the financial recovery you deserve.
How a Lawyer Can Prove Distracted Driving After a Crash
One of the biggest challenges in these cases is proving that the other driver was distracted at the time of the collision. Insurance companies rarely accept fault without a fight, and distracted drivers do not always admit what they were doing before the crash.
A personal injury lawyer in Long Island knows how to uncover evidence that can support your case in the following ways:
- Obtaining the police accident report
- Reviewing witness statements
Eyewitnesses might have seen the driver looking down at a phone or interacting with an electronic device immediately before impact. Your distracted driving attorney in Long Island can request cell phone records when appropriate.
These records can sometimes help establish whether calls, text messages, or data usage occurred around the time of the collision. In certain cases, your distracted driving lawyer in Long Island might work with accident reconstructionists who analyze these details:
- Vehicular damage
- Skid marks
- Crash dynamics
- Other evidence
This will help your distracted driving accident attorney in Long Island determine how the crash took place. The sooner an attorney becomes involved, the greater the opportunity to preserve evidence before it disappears.
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What New York Law Says About Distracted Driving
New York has some of the strictest distracted driving laws in the country. Under New York Vehicle and Traffic Law § 1225-d, drivers are prohibited from using portable electronic devices while operating a motor vehicle. The law applies to the following activities:
- Texting
- Emailing
- Browsing the internet
- Viewing images
- Using other electronic communications while a vehicle is in motion
New York law also creates a presumption that a driver who is holding a portable electronic device in a conspicuous manner while operating a vehicle is using that device unlawfully unless evidence shows otherwise.
While traffic citations are separate from personal injury claims, violations of distracted driving laws can become important evidence in civil cases. Courts often view violations of the Vehicle and Traffic Law as evidence of negligence, which can strengthen your claim for compensation.
Compensation Available in Distracted Driving Accident Claims
Victims often underestimate the full value of their claims. Depending on the circumstances, here’s what a texting and driving accident lawyer in Long Island can pursue on your behalf:
- Medical expenses
- Future medical treatment
- Physical therapy and rehabilitation
- Lost wages
- Loss of future earning capacity
- Pain and suffering
- Emotional distress
- Permanent disability
- Loss of enjoyment of life
- Property damage
Every case is different, so some injuries heal within months, while others create challenges that last a lifetime. Long Island distracted driving accident attorneys work with medical professionals, economic analysts, and vocational workers to calculate the true cost of your injuries.
Understanding New York’s No-Fault Insurance System
Many accident victims are surprised to learn that New York follows a no-fault insurance system. Under New York’s no-fault rules, injured drivers and passengers generally seek initial benefits through their own insurance coverage regardless of who caused the crash.
These benefits may help cover medical expenses and a portion of lost wages. However, no-fault benefits have limitations, and they don’t compensate victims for pain and suffering. Additionally, serious injuries frequently create damages that far exceed available no-fault benefits.
If your injuries meet New York’s serious injury threshold, your distracted driving accident lawyers in Long Island can pursue a lawsuit against the at-fault driver. You can rely on your distracted driving accident attorney in Long Island to seek compensation beyond no-fault benefits.
Call Chaikin Trial Group Personal Injury Lawyers for Legal Advice From Our Long Island Distracted Driving Accident Law Firm
If you’re the victim of a collision caused by a distracted driver, Long Island distracted driving accident attorneys are the ones to call. With Chaikin Trial Group Personal Injury Lawyers by your side, you’ll come in as a client, leave as a friend.
That’s because we take every case seriously, and our results speak for themselves. Our Long Island distracted driving accident lawyers take an authentic, genuine approach to all claims. Home to bilingual attorneys, we offer personalized attention and direct attorney access.
You can also rely on transportation assistance for your consultation if you can’t make it to our office. Driven by our commitment to aggressive legal representation, you can count on us to explain your rights, answer your questions, and fight for the compensation you deserve. Contact us today.
