Distracted Driving Accident Lawyer in Queens, NY
Research shows driving while distracted increases the chances of serious car accidents. Distracted drivers are more likely to miss sudden changes in traffic, lose control of their vehicles, and ignore signals meant to prevent collisions with others. Despite these risks, New Yorkers engage in distracted driving daily, putting anyone nearby in harm’s way.
The consequences of a distracted driving crash often leave accident victims in pain, facing costly medical expenses, and struggling to pay the bills due to lost wages. If you suffered injuries in an accident caused by a distracted driver, you could be entitled to compensation.
At The Tadchiev Law Firm, P.C., a dedicated distracted driving lawyer will enforce your rights after a car accident and help you pursue the money and accountability you deserve. Our car accident law firm provides personalized service to every client, delivering advice and support tailored to meet their unique needs and goals. We’re unafraid to take on stubborn insurance companies and negotiate aggressively for full and fair compensation.
Contact our office today for a free consultation with a distracted driving accident lawyer in Queens, NY.
Damages You Can Recover From a Distracted Driving Accident Case
All New York drivers must carry auto insurance that includes a minimum of $50,000 in no-fault personal injury protection (PIP) benefits. After a car accident, a driver’s first step for recovering compensation for their injuries is to file a personal injury claim with their insurance company to receive these no-fault benefits.
However, PIP benefits are not always enough to cover a motorist’s losses in accidents where the driver was distracted. If an individual suffers a serious injury, New York personal injury laws allow them to step outside the no-fault system and seek compensation from the distracted driver.
Potential compensation in a successful accident claim includes money for:
- Medical bills
- Lost wages
- Reduced future earnings due to a disability
- Emotional distress
- Pain and suffering
- Diminished quality of life
- Damaged personal property
Proving a Driver Was Distracted
Proving a driver was distracted in a crash can be challenging, but an experienced car accident lawyer can gather helpful evidence to build a solid case. Examples of evidence that could help bolster your case include:
- The distracted driver’s cell phone records
- Witness statements
- The police accident report
- Video footage from traffic cameras and nearby businesses
- Medical records
- Testimony from accident reconstruction experts
- Photos from the car accident scene
What is Distracted Driving?
According to the National Highway Traffic Safety Administration (NHTSA), distracted driving is any activity that diverts a motorist’s attention from safe driving. Examples of driving distractions include talking on a phone, texting, adjusting a GPS device, or engaging in any activity that takes a driver’s attention off the road.
Texting while driving is especially risky. Sending, reading, or composing a text message requires a driver to take their eyes, hands, and attention off driving for an average of five seconds. During that time, a vehicle going 55 miles per hour can travel the length of an entire football field while the driver ignores the road ahead.
New York’s distracted driving laws require motorists to use hands-free devices for talking on cell phones. Breaking the law can and does result in fatal wrecks.
Distracted Driving Statistics in Queens, NY
Driving while distracted contributes to most crashes throughout New York City and is prevalent in Queens. According to the New York Police Department, driving distracted was the top contributing factor of injury and fatal crashes in Queens in a single recent month, where more than 650 vehicles were involved in distraction-related crashes. Inattention was also cited as the leading factor of motor vehicle accidents citywide during the same period.
Distracted driving statistics from the Institute for Traffic Safety Management and Research (ITSMR) found that cell phones contributed to 433 crashes across New York State in one recent year. Eating, drinking, and grooming, also contribute to distracted driving accidents in Queens and statewide.
Types of Distracted Driving
According to the Centers for Disease Control and Prevention (CDC), in car accidents, there are three main types of distractions while driving:
- Visual distractions – A visual distraction is anything that causes a driver to take their eyes off the road. A driver who ignores their surroundings may miss sudden changes in traffic flow or follow too closely, leaving little reaction time to avoid a crash. Visual distractions are particularly hazardous in areas with high concentrations of cyclists and pedestrians, who are smaller and harder to see for even the most attentive drivers.
- Manual distractions – A manual distraction causes a driver to take one or both hands off the steering wheel. These distractions include reaching for items, cell phone use, fiddling with the car stereo, or turning to address a child’s need in the back seat. A driver without both hands on the wheel is likelier to lose control of their vehicle.
- Cognitive distractions – A cognitive distraction takes the driver’s thoughts off driving. Daydreaming, rubbernecking, or talking to passengers can cause a distracted driver to run red lights, tailgate, speed, or fail to check blind spots when changing lanes.
Distracted Driving Behavior
Common examples of distracted driving behavior include:
- Cell phone use – Talking on the phone while driving requires a driver to take a hand off the wheel and prevents them from focusing on the road. Even with a hands-free system, talking on a phone can be a significant distraction. Drivers should keep cell phones on silent and out of reach while driving to minimize the temptation of using them.
- Texting while driving – Texting while driving is widely considered the most dangerous type of driver distraction because the activity is a visual, manual, and cognitive distraction all at once.
- Grooming or applying makeup – The last thing you should think about while driving in NYC is your appearance. Finish getting ready or wait until you reach your destination to complete any personal care.
- Eating or drinking – Snacking while driving means taking a hand off the wheel, making it harder for drivers to maintain control of their vehicles. Drivers may also take their eyes off the road to pick up or set down food or drinks.
- Listening to music – Music is not always distracting, but playing it too loudly can prevent a driver from hearing the sound of sirens or honking car horns. Drivers should never use headphones to listen to music while on the road.
- Adjusting in-vehicle controls – Programming a navigation device, scrolling through a playlist to select music, and changing climate controls can cause a driver to take their hands off the wheel and their eyes off the road. Drivers should complete these tasks before starting their trips to minimize potential distractions.
- Talking to passengers – Conversations with passengers can be distracting if a driver looks away from the road while talking or turns their head to look at someone in the back seat. Friends are especially distracting for teen drivers.
- Rubbernecking – Although it is tempting to look at a crash on the side of the road, drivers should avoid rubbernecking because it takes their eyes off the road. It also slows down traffic, increasing the chances of rear-end collisions.
- Daydreaming – Driving requires significant mental effort, even for experienced drivers. Although it’s not unusual for a person’s mind to wander due to the monotony of driving, they need to remain alert enough to prevent potential collisions or react quickly to avoid hazards. Drivers should never operate vehicles when fatigued because it increases the likelihood of becoming lost in thought.
Distracted driving car accidents can result in severe and fatal injuries, such as:
- Traumatic brain injuries (TBI)
- Spinal cord injuries and paralysis
- Back injuries
- Neck injuries, including whiplash
- Broken bones
- Internal injuries
- Internal bleeding
- Crushed or amputated limbs
- Soft tissue injuries
- Emotional distress
- Wrongful death
Obtaining compensation can provide financial resources for accident victims to recover from their injuries and preserve their quality of life. A Queens car accident lawyer can place a value on your case after reviewing the facts.
Talk to the Best Distracted Driving Accident Lawyer in Queens
You should not have to pay for injuries and losses from distracted driving accidents in Queens. Let The Tadchiev Law Firm, P.C. help you. We understand the stress you’re under and can help relieve your burdens. You can count on our car accident lawyers to provide hard-hitting legal representation and compassionate support while you recover.
Call or contact The Tadchiev Law Firm, P.C. today for a free consultation with a distracted driving accident lawyer.