Every driver in New York has a legal duty to operate their vehicle safely. Driving while distracted is one way to shirk that obligation and greatly increase the chances of an accident. If a negligent motorist causes a crash and you are injured, you may be able to hold them liable.
A car accident means not only physical pain but also medical bills and missed work that could result in long-term debt. You shouldn’t be left with the financial costs for someone else’s careless actions. Our distracted driving accident lawyers in Westbury can help you get compensation.
Levine And Wiss has recovered hundreds of millions of dollars in settlements and jury awards for injured accident victims in the greater New York area. Call today to book your free consultation and learn more about how our car accident lawyers in Westbury can help.
What Counts as Distracted Driving in New York?
Distracted driving is broader than most people realize. Texting gets the most attention, but anything that pulls a driver’s focus away from the road qualifies.
Common distracted driving cases our personal injury lawyers in Westbury often see include:
- Eating or drinking
- Adjusting the radio or music
- Using a GPS or navigation system
- Talking to passengers
- Reaching for an object inside the vehicle
- Watching videos
- Using social media
- Looking at something outside the vehicle for too long
- Adjusting vehicle controls
- Daydreaming or losing focus on the road
New York law specifically prohibits handheld phone use while driving. A driver who was on their phone when they hit you has already violated state law, which can work in your favor when building a negligence claim.
Do You Need a Lawyer for a Distracted Driving Accident?
It may seem like insurance companies will be more than willing to help if their client causes a crash while distracted. Unfortunately, insurance companies are not on your side, even when they sound cooperative. Their adjusters are trained to minimize payouts.
One common tactic is to offer a fast settlement. It may feel like relief to get money when you need it, but early offers are often far below the true value of your claim. Insurers know this, and they also know that once you accept, they are off the hook.
Our distracted driving accident attorneys in Westbury understand how insurance companies work, and we aren’t going to let them take advantage of you. Because New York is a No-Fault state, you’ll need to address additional variables before filing a lawsuit.
Westbury Distracted Driving Lawyer Near Me
(888) 468-4878How Does No-Fault Insurance Impact a Distracted Driving Claim?
In New York and a handful of other states, your own auto insurance pays for your initial medical expenses and a portion of lost wages no matter who caused the crash. You file with your own insurer first, not the other driver’s. This is called No-Fault insurance.
No-fault coverage has limits, though. It covers up to $50,000 in basic economic losses, and it does not compensate you for pain and suffering. However, if your injuries meet a certain threshold of severity, you gain the right to sue the at-fault driver directly.
Serious injuries or conditions that prevent you from performing daily activities for 90 of the 180 days following the crash typically qualify. Our Westbury distracted driving accident lawyers can help you determine whether your injuries meet that standard.
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How Long Do You Have to File a Lawsuit?
New York’s statute of limitations (New York CPLR § 214) gives most personal injury victims three years from the date of the crash to file a lawsuit. However, there are critical situations where this deadline is much shorter and others where it may be extended.
No-Fault insurance claims have their own deadlines that are much shorter. You must notify your insurance company within 30 days of the crash. After that, written proof of claim for medical treatments must be submitted within 45 days of the date each service is rendered.
Missing these deadlines can result in your insurer denying coverage for medical bills and lost wages regardless of how serious your injuries are. Our team can keep your claim moving and make sure you meet essential deadlines.
Talk to Our Distracted Driving Accident Attorneys in Westbury
A distracted driving crash does not just cause physical harm; it disrupts everything. The driver who hit you was not paying attention, and now you’re the one paying the price. Your bills may pile up, and your injuries may prevent you from caring for the people who need you.
On top of the pain and frustration, the insurance company that is supposed to help may do everything it can to avoid paying what you deserve. Our distracted driving accident attorneys in Westbury can hold the negligent motorist and their insurer accountable for your hardships.
At Levine And Wiss, our team has over 100 years of combined legal experience, giving a voice to injured accident victims. Call us today for a free consultation and tell us about your crash. There is no cost to speak with us, and we do not get paid unless you do.