Getting hurt in a car crash is a frustrating and painful experience, but it’s even worse when it doesn’t have to happen. Despite the known dangers of driving while texting or otherwise distracted, people still do it. Another driver’s negligence can leave you seriously injured.
You can’t work, your medical costs are rising, and you might even struggle to pay your ordinary household expenses. And, it’s all because another motorist ignored their duty to drive safely. Our Queens distracted driving accident lawyers can hold them accountable for their actions.
Levine And Wiss has recovered hundreds of millions of dollars in judgments and settlements for New Yorkers who were injured in accidents through no fault of their own. Call today to schedule your free consultation and learn how our Queens car accident lawyers can help.
How Our Legal Team Will Help
It is never a good idea to take on a personal injury case on your own. You’ll have to deal with insurance companies that may use tactics designed to pay you as little as possible. New York is a No-Fault auto insurance state, which can hamper your ability to recover full compensation.
Distracted driving accident claims are difficult to prove. You must show, through strong evidence, that the other driver neglected their duty to drive safely. That often means collecting phone records, interviewing witnesses, and examining extensive evidence.
It’s a lot to manage when you are injured and trying to recover. Our Queens personal injury lawyers can deal with the legal hurdles while you work on getting better. We know how to handle insurance companies, and we will seek maximum compensation for your injuries.
No-Fault Auto Insurance in New York
No-Fault insurance means that after a car accident, your own insurance company typically pays for financial losses regardless of who caused the crash. The system is designed to provide quick resolution without lengthy disputes.
Under state law, every driver is required to have Personal Injury Protection as part of their policy. This generally covers medical expenses, a portion of lost wages, and certain accident-related costs up to policy limits.
No-Fault insurance limits your ability to sue the other driver after an accident, but there are exceptions. Our Queens distracted driving accident attorneys understand how to maximize your compensation under the No-Fault system and how to seek additional financial help.
Queens Distracted Driving Lawyer Near Me
(888) 468-4878When Can You Sue the Other Driver for Additional Damages?
Although New York’s No-Fault system limits lawsuits after most car accidents, injured victims can sue the at-fault driver if their injuries meet the state’s serious injury threshold.
Under New York law, serious injuries may include:
- Significant disfigurement
- Bone fractures
- Permanent loss or limitation of a body organ or function
- An injury that makes it impossible to carry out everyday activities for at least 90 of the first 180 days after the accident.
If possible, our team will pursue damages beyond No-Fault benefits when your car accident claim exceeds insurance limits.
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Proving Negligence in a Distracted Driving Case
Even after meeting the criteria necessary to pursue additional compensation from the at-fault driver, your law team will need to show that negligence caused your accident and injuries. We will investigate your crash to find out how it happened.
Typical cases involve another driver:
- Reading, sending, or typing messages on a phone
- Making calls, checking apps, or scrolling through social media
- Handling food or beverages
- Changing the radio, navigation system, or climate controls
- Dealing with children or pets
- Staring at accidents, billboards, or roadside activity
Evidence such as cell phone records, traffic camera footage, police reports, and eyewitness testimony can show that the other driver neglected their duty to drive safely by allowing themselves to be distracted.
Time Limits for Filing Your Claim
New York State only allows a certain amount of time after a car accident during which you may sue for damages. According to CPLR § 214, that’s three years from the date of the accident, in most cases. Certain circumstances could shorten or lengthen this timeline.
However, you only have 30 days from the date of the accident to file a No-Fault insurance claim.
Contact our distracted driving accident lawyers in Queens as soon as possible after your crash. Missing these deadlines could cost you your legal right to pursue compensation.
Talk to Our Queens Distracted Driving Accident Attorneys
The most important rule of driving a car is to keep your eyes on the road. It’s something every new motorist is taught from the first time they get behind the wheel, and it is obvious why it matters. Yet, people continue to violate this basic tenet by driving while distracted.
If you get hurt because of their negligence, you may have the right to pursue financial compensation for the hardships they cause you and your family. Our Queens distracted driving accident attorneys will protect your rights after a car accident.
Our team at Levine And Wiss has more than 100 years of combined legal experience, advocating for the rights of injured New York citizens. We are committed to justice and focused on you. Call today for your free consultation and tell us about your car accident case.