Distracted driving can cause devastating car crashes. If you were the victim of one, a Suffolk County car accident lawyer can help you pursue damages.
Chaikin Trial Group Personal Injury Lawyers has recovered over $100 million for our clients. If you were injured in a collision with a distracted driver, a Suffolk County distracted driving accident lawyer can help you prove who is at fault and seek compensation.
Why Hire a Suffolk County Distracted Driving Accident Attorney?
Distracted driving accident cases can be more difficult to prove than other car accident cases. If you need to file a claim, a Suffolk County personal injury lawyer can:
- Investigate the accident: A lawyer can gather crash reports, photographs, witness statements, surveillance footage, and other available evidence to establish what happened.
- Collect evidence of distraction: An attorney can examine phone records, witness observations, traffic-camera footage, and other evidence that determines who is liable for your distracted driving accident in New York.
- Calculate damages: A lawyer can tally your damages and calculate the value of your car accident claim.
- Negotiate a settlement: An attorney can deal with insurance companies after a car accident and negotiate for a fair settlement.
- Provide representation: If a fair resolution cannot be reached, a lawyer can help take your case to court and advocate for you there.
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What Types of Compensation Can You Recover?
You can seek compensation for a variety of losses after a car accident in New York, including:
- Medical expenses: You can pursue compensation for emergency treatment, hospital bills, physician visits, medication, physical therapy, surgery, rehabilitation, and other accident-related medical costs.
- Future medical care: If your injuries require ongoing treatment, assistive equipment, rehabilitation, or additional procedures, you may receive compensation for these costs.
- Lost wages: If the accident causes you to miss time at work, you can seek additional damages.
- Reduced earning capacity: You may receive compensation for the way your injuries compromise your ability to earn the same income in the future.
- Pain and suffering: You can seek damages for physical pain, emotional distress, and the overall impact of your injuries on your day-to-day life.
- Property damage: You may recoup the cost of repairing or replacing your vehicle and other damaged personal property.
- Punitive damages: In rare cases, such as if the other driver was drunk or hit you intentionally, punitive damages may be available.
Our Suffolk County distracted driving accident lawyers can help make sure all of your damages are included in your claim.
How Long Do You Have to File a Distracted Driving Accident Claim in New York?
Under NY CPLR § 214, you generally have three years from the date of a distracted driving crash to file a personal injury lawsuit in New York. If you don’t file before this statute of limitations expires, you will forfeit the right to recover damages for the crash.
Different deadlines can apply in special circumstances, such as if the accident involved a government-owned vehicle or caused fatal injuries. A Suffolk County distracted driving lawyer can help make sure you file your car accident claim on time.
How Do You Prove the Other Driver Was Distracted?
Proving distracted driving can be challenging because a driver may deny using their cell phone or engaging in another distracting activity. Types of evidence that may help prove they were distracted include:
- Cellphone records: Phone records may help establish whether the driver was making calls, sending messages, or using their device for something else leading up to the crash.
- Witness statements: People who saw the accident or the moments leading up to it may have observed the driver looking at their phone, reaching for something, eating, or otherwise failing to pay attention to the road.
- Surveillance footage: Traffic cameras, security cameras, dashboard cameras, and other recordings may have captured the driver’s actions before or during the collision.
- Police reports: Officers responding to the accident may collect evidence or statements that help prove the other driver was distracted.
- Driver statements: A driver’s comments after a collision may provide information about what they were doing immediately before the crash.
- Vehicle data: Depending on the vehicle the other driver was using, electronic systems may contain information that helps establish their distraction.
- Accident scene evidence: Skid marks, vehicle positions, damage patterns, photographs, and other physical evidence can help experts reconstruct how the collision occurred.
A Suffolk County distracted driving attorney can help gather evidence that proves the other driver was not paying attention to the road.
Common Causes of Distracted Driving Accidents in Suffolk County
Distracted driving can take many forms. Common examples include:
- Texting or reading messages
- Making or answering a phone call
- Using social media
- Looking at a GPS or navigation application
- Eating or drinking
- Adjusting the radio or entertainment system
- Reaching for an object
- Looking at passengers
- Taking photographs or videos
- Grooming or applying makeup
- Searching through a bag or other belongings
A Suffolk County texting and driving accident lawyer can investigate your crash and determine what the other driver was doing in the moments before the collision.
Common Injuries in Distracted Driving Accidents
Distracted driving accidents can cause life-changing injuries, such as:
- Whiplash and other neck injuries
- Back and spinal injuries
- Fractured bones
- Shoulder and knee injuries
- Concussions and more severe traumatic brain injuries
- Internal injuries
- Cuts and lacerations
- Nerve damage
- Soft-tissue injuries
A distracted driving accident lawyer in Suffolk County can help you seek compensation for your medical expenses.
What Should You Do After a Distracted Driving Accident?
The steps you take right after a car accident in New York can affect your ability to hold the driver who hit you accountable. You should:
- Report the accident: Contact the police and make sure the collision is officially documented.
- Document the scene: Take photographs of the vehicles, roadway, traffic signals, and any visible injuries.
- Talk to witnesses: Ask witnesses for their names and contact information. Their testimony may be valuable later.
- Seek medical attention: You should always see a doctor after a car accident, even if you feel fine, to make sure you didn’t sustain any hidden injuries.
- Save evidence: Keep photographs, medical records, bills, repair estimates, receipts, and other documents related to the accident and your injuries.
- Avoid discussing fault: When speaking to the other driver and insurance companies, don’t say anything that could be interpreted as an admission of guilt.
- Consult a lawyer: Our lawyers can assist with every aspect of your distracted driving accident case.
Speak to a Distracted Driving Accident Attorney in Suffolk County
Liability is often disputed in distracted driving cases. If you were hurt in a crash with someone who wasn’t paying attention to the road, a Suffolk County distracted driving accident attorney can gather evidence to prove liability and help you pursue a fair settlement.
Book a free consultation today to start building your claim.
