Driver Distraction Accidents
Distracted driving is engaging in any activity which turns the driver’s attention away from focusing on the primary task of operating the car, SUV, truck or other type of vehicle. Distracted driving is one the leading causes of vehicle accidents that leave victims seriously injured. Typically distracted driving refers to texting, emailing, using the internet, talking on the phone or in some other way using a cell phone. However, they are a variety of other things that could divert a driver’s attention away from the road such as passengers, pets, reading directions, eating, or adjusting the radio. As a result of driver distraction thousands of people are seriously injured or die each year. The victims of such accidents often suffer painful, devastating injuries with long recovery periods. For example, it is not uncommon for a victim to suffer a traumatic brain injury such as a severe concussion, or a life-altering spinal cord injury that leaves the victim paralyzed. Such injuries are not only physically and emotionally painful they also can cause the victim financial stress since the victim may have to miss a substantial amount of work. If you are considering contacting a New York Injury Lawyer because you or a loved one suffered a serious injury in a car accident, it is critical that you do so immediately. An experienced Bronx Driver Distraction Accidents Lawyer will work tirelessly to ensure that you receive compensation for your losses through a personal injury or wrongful death claim.New York Distracted Driving Law
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.
Under 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. While there are laws specifically related to driving and using an electronic device, other more general driving laws prohibit distracted driving. For example, the law requires drivers to operate vehicles in a safe, non-negligent manner. Thus, if a driver is distracted for any reason and thereby causes an accident, that driver may be legally liable for his or her negligence.Consequences of Distracted Driving
If a driver is not paying attention to the 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.
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 has extensive experience successfully 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. We serve individuals injured in accidents throughout the following locations: