Are you the victim of a collision caused by a distracted driver? Chaikin Trial Group Personal Injury Lawyers is the law firm to call when you need legal representation from a Nassau County distracted driving accident lawyer.
As attorneys with 50 years of combined experience, we have recovered over $100 million in compensation for our clients. You can count on us to stand by your side and advocate for your rights by serving as your car accident lawyer in Nassau County.
Other Forms of Distraction Can Still Create Liability
Ask any distracted driving attorney in Nassau County for insight, and they will likely inform you that distracted driving is not limited to texting. These are other ways drivers can become distracted while operating a vehicle, such as:
- Eating
- Adjusting a GPS device
- Reaching for something inside the vehicle
- Talking with passengers
- Looking at a screen
- Turning attention toward something happening outside the vehicle
New York’s electronic-device laws specifically address certain forms of phone and device use, but a personal injury claim can also rest on ordinary negligence principles. The broader question is whether the driver failed to use reasonable care under the circumstances.
It’s also important to look into whether or not that failure caused the collision. Your distracted driving lawyer in Nassau County can investigate the driver’s conduct rather than limiting the case to whether a particular traffic citation was issued.
The at-fault driver didn’t necessarily need to receive a distracted driving ticket for you to have a viable personal injury claim. Your personal injury lawyer in Nassau County can pursue a civil case supported by evidence showing that the driver’s lack of attention caused the crash.
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Phone Use Can Become Evidence in Your Case
When determining who is liable for a distracted driving accident in New York, evidence is more important than ever. Your distracted driving accident attorney in Nassau County can carry out an investigation of all relevant evidence.
Your Nassau County distracted driving accident attorney can determine if there is evidence showing that the driver was using a mobile phone or another electronic device around the time of the collision. Depending on the circumstances, evidence might include:
- Witness statements
- Admissions
- Police records
- Photographs
- Surveillance footage
- Vehicle information
- Records that can be obtained through the legal process
New York Vehicle and Traffic Law § 1225-C prohibits a driver from holding a mobile telephone to or near the ear while the vehicle is in motion. Section 1225-D prohibits the use of portable electronic devices while driving.
Ultimately, the existence of a phone alone does not prove that it was used by the driver who caused the accident. That’s why it’s important to meet with a distracted driving lawyer in Nassau County. Your legal counsel can look at the evidence as a whole and determine how it supports your claim.
Distracted Driving Can Support a Negligence Claim
Distracted driving can take several forms, but the legal question in a personal injury case is whether the driver’s conduct was negligent and if their actions caused your injuries. New York law specifically restricts the use of mobile phones and portable electronic devices while driving.
New York law prohibits operating a motor vehicle while using a portable electronic device for activities, including these:
- Communicating behind the wheel
- Viewing certain information while driving
- Using the device for other prohibited purposes
A violation of the law can provide evidence concerning the driver’s conduct. It’s worth noting that your distracted driving accident lawyer in Nassau County still needs to establish the connection between that conduct, the collision, and your injuries.
Your attorney will also take on the responsibility of establishing what the driver was doing immediately before the crash and whether that distraction contributed to the impact.
New York’s No-Fault System Addresses Certain Expenses
New York has a no-fault insurance system for covered motor vehicle accidents. Let’s take a closer look at a couple of insurance laws that might apply to your case:
- Insurance Law § 5102: This defines basic economic loss and includes certain necessary medical expenses and lost earnings, subject to the limits and requirements contained in the statute.
- Insurance Law § 5103: This provides for first-party benefits for covered people injured through the use or operation of a motor vehicle under the circumstances specified by law.
No-fault benefits are separate from a personal injury lawsuit against the driver who caused the collision. That distinction can be important when you are dealing with bills immediately after an accident, but our texting and driving accident lawyers in Nassau County can help.
If you’re wondering what to do after a distracted driving accident in New York, start by calling your texting and driving accident lawyer in Nassau County. They can review the available no-fault benefits and determine if your injuries support a separate claim.
Call Chaikin Trial Group Personal Injury Lawyers for Legal Help From Our Nassau County Distracted Driving Accident Attorneys
Getting hurt because another driver wasn’t paying attention to the road while operating a vehicle can be frustrating. You shouldn’t have to be responsible for every conversation with insurance companies, every piece of evidence, every legal deadline, or every calculation of your losses.
Instead, let our Nassau County distracted driving accident lawyers take on these responsibilities on your behalf. We can investigate the collision, gather evidence of distracted driving, evaluate insurance coverage, establish your injuries, and pursue compensation. We have recovered many significant verdicts & settlements in the past and will work equally as hard for you.
The legal process should be handled with your individual circumstances in mind. At Chaikin Trial Group Personal Injury Lawyers, we take a personal and direct approach while getting things done. For help from our law firm, contact us today. Come in as a client, leave as a friend.
