Distracted Driving Accident

Distracted driving has become one the leading causes of vehicle that leave victims seriously injured. While distracted driving is a general term that can apply to a number of things that distract drivers such as eating, changing radio stations, other people in the vehicle, and pets in the vehicle, the term distracted driving typically refers to driving while talking on the phone or texting. Nowadays over 90% of drivers own handheld electronic devices such as cell phones, smartphone, and tablets. It is common for drivers to attempt to read or type text while the car is in motion. Thousands of people are seriously injured or die each year in car accidents related to cell phones. A victim of such a car accident may suffer a painful, devastating injury such as a brain injury, broke bone, contusion, abrasions, a neck injury, or a spinal cord injury. These types of injuries may involve long recovery times. However, under New York law victims of such accidents are allowed to seek compensation from the person whose negligence resulted in an accident. If you are in need of a New York Injury Lawyer because a distracted driver caused an accident that left you or a loved one injured, contact an experienced Bronx Distracted Driving Accident Lawyer who will support you during this difficult time and work tirelessly to ensure that you are compensated for the losses that you have suffered. In addition, if during the course of the treatment for your injuries your doctor commits medical malpractice, the party responsible for your car accident injuries may be required to compensate you for the medical malpractice injury as well.

Texting and Driving

Texting and driving refers to using an electronic device while driving. This means talking on a cell phone, sending or reading texts or emails, or surfing the internet. When using an electronic device the driver's eyes are not focused on the road, but on the electronic device. A few seconds of averting eyes from the road can lead to a collision.

New York Distracted Driving Law

In New York in accordance with New York Vehicle and Traffic Law section 1125-c it is against the law to use a mobile phone while driving. Similarly, under New York Vehicle and Traffic Law section 1125-d it is also against the law to drive while using a laptop, pager, electronic game, tablet or any other portable electronic device.

Consequences of Distracted Driving

If a driver is not paying attention to road and instead is looking down at his or her phone, there is a good chance that that driver will cause an accident leaving another person with serious injuries. While the fines for violating New York Vehicle and Traffic Law prohibitions against driving while using a cell phone or portable electronic device are relatively minor, if distracted driving leads to injury the offender may be financially responsible to his or her injured victim.

If you were injured in an accident because of the negligence of a distracted driver, through a personal injury lawsuit there are number of different types of damages that you may be able to recover:

  • Medical expenses. The person responsible for the accident that caused your injuries may be required to pay for your medical expenses. This would include medical bills you accumulated prior to filing your claim as well as future medical expenses related to the treatment of your injury.
  • Lost wages. Even a relatively minor accident may cause you to miss time at work. The person responsible may be required to pay the wages you lost. If you end up using earned sick days or vacation days, you may be entitled to receive compensation for those days. Furthermore, if as a result of your injury your earning potential declined, you may be able to recover damages for loss of future earning capacity.
  • Pain and suffering. Another potential source of damages that you may be entitled to receive is pain and suffering. In the context of a personal injury claim, pain and suffering refers to physical pain as well as emotional distress.
  • Property damage. The person whose negligence caused the accident may also be responsible for damage to your vehicle or other property.
Bronx Distracted Driving Accident Lawyer

A personal injury lawsuit against the person responsible for the accident will not only hold that person accountable for his or her negligent acts but will also provide you and your family with needed financial relief. To ensure that your rights are protected it is important that you are represented by someone with experience representing victims of car accidents. The staff at Stephen Bilkis and Associates, PLLC has extensive experience representing clients injured in head-on collisions, rear-end collisions, side collisions as well as other types of vehicle accidents. Contact us at 1.800.NY.NY.LAW (1.800.696.9529) to schedule a free, no obligation consultation regarding your car accident.

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