Were you hurt in a collision caused by someone who was operating a vehicle while distracted? This can be a frustrating experience, especially with the knowledge that the crash was avoidable and your injuries preventable.
When you find yourself in this upsetting situation, an Amityville car accident lawyer can build a case and pursue compensation on your behalf. The sooner you call Levine And Wiss, the sooner we can serve as your distracted driving accident lawyer in Amityville.
With 15 years in business, our attorneys have over 100 years of combined experience. Together, we’ve helped thousands of people recover hundreds of millions in compensation. We have the resources needed to build strong cases for our clients.
What Counts as Distracted Driving in New York?
Distracted driving occurs when a driver’s attention is taken away from safely operating their vehicle. While texting and cellphone use are commonly recognized forms of distraction, many other behaviors can put people on the road at risk of harm. Here’s a closer look at examples of distracted driving:
- Texting while driving
- Using a cellphone without a hands-free device
- Reading messages or emails behind the wheel
- Adjusting a GPS or navigation system
- Eating or drinking while driving
- Looking away from the roadway
- Talking with passengers in a way that affects attention
- Reaching for objects inside the vehicle
New York has laws that restrict certain forms of cellphone use and electronic device use while driving. These laws are designed to prevent drivers from engaging in behaviors that take their attention away from the road.
When a driver violates these laws and causes an accident, that violation may become important evidence in a personal injury claim. However, proving distracted driving is not always automatic.
Drivers might deny they were distracted, and evidence may need to be gathered to establish what actually happened. A personal injury lawyer in Amityville can help investigate the circumstances surrounding the collision and work to hold negligent drivers accountable.
How New York Negligence Laws Apply to Distracted Driving Accidents
Distracted driving accident claims are usually based on negligence. In New York, drivers have a responsibility to operate their vehicles with reasonable care. This means they are expected to avoid actions that could put others in danger.
When a driver fails to meet that responsibility and causes injuries, they may be held legally responsible. To pursue compensation through a personal injury claim, here’s what your Amityville distracted driving accident attorney must establish:
- The other driver owed you a duty of care.
- That driver breached this duty.
- They caused the accident as a result of the breach.
- In turn, you suffered provable damages.
Comparative Negligence
Distracted driving can be strong evidence of negligence because drivers who choose to focus on a phone, device, or other distraction instead of the road may fail to react in time to prevent a crash. New York also follows a comparative negligence system.
This means that more than one person may share responsibility for an accident. If an insurance company argues that you contributed to the collision, your compensation could potentially be reduced based on your percentage of fault.
Insurance companies sometimes use comparative negligence arguments to avoid paying the full value of a claim. A distracted driving accident attorney can challenge unfair allegations and work to present evidence showing what truly happened.
Amityville Distracted Driving Lawyer Near Me
(888) 468-4878Compensation You Can Recover After a Distracted Driving Accident
A distracted driving accident can create challenges that extend far beyond the initial crash. Victims may face painful injuries, expensive medical care, missed work, and uncertainty about what the future will look like.
Depending on the circumstances of your case, you might be able to pursue compensation for the following losses:
- Emergency medical treatment
- Hospital bills
- Follow-up appointments
- Physical therapy and rehabilitation
- Future medical expenses
- Lost wages
- Reduced earning capacity
- Vehicle repairs or replacement
- Pain and suffering
- Emotional distress
- Loss of enjoyment of life
Determining the value of a claim requires looking at the complete impact of the accident. A settlement that only covers immediate medical bills may not account for future treatment, ongoing limitations, or the ways your injuries affect your daily life.
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Call Levine And Wiss for Advice From a Distracted Driving Accident Law Firm in Amityville
After sustaining injuries due to another person’s negligent or reckless behavior, it can be hard to focus on legal matters, especially if you’re actively in pain or uncomfortable. The good news is that you don’t have to handle anything by yourself with Levine And Wiss by your side.
We’ve spent years helping injured New Yorkers move forward after accidents. From handling insurance companies to preparing cases for trial, we give our clients the resources they need and apply the experience it takes to pursue justice.
Our attorneys are available 24/7, and we prioritize communication by making sure our clients can speak directly with their lawyers. If you have been hurt in a crash caused by distracted driving, reaching out for legal guidance is an important first step toward protecting your future.