Distracted Driving Accident Lawyer in NYC

man driving distracted while looking over notes and writing with a cup of coffee in one hand and talking on the cellphone

Were you injured in a car accident caused by a distracted driver in New York City? You might have the right to pursue compensation for the injuries and losses you incurred due to a distracted driving crash. But you need experienced legal assistance to help you maximize your compensation.

Let a distracted driving accident lawyer in NYC from The Perecman Firm, P.L.L.C., advocate for your rights and interests. Reach out to us for a free initial claim evaluation. You’ll learn more about how our distracted driving accident lawyers can assist you with recovering compensation from the driver who injured you. We are ready to demand accountability and justice on your behalf.

Why You Should Hire Our New York City Distracted Driving Lawyers

Most drivers won’t admit that they caused a car accident because they were distracted. You need experienced legal representation with the skills and resources necessary to build an effective, persuasive case on your behalf. Choose the New York City distracted driving lawyers at The Perecman Firm, P.L.L.C., for your case because:

  • We have an established record of success advocating for victims of severe personal injuries, having recovered more than half a billion dollars of compensation for our clients.
  • We have over 40 years of legal experience, including working on some of New York’s groundbreaking cases that have advanced the rights of accident victims.
  • Our team includes top litigators and trial lawyers supported by an extensive roster of leading expert witnesses and substantial resources to take on the most complicated cases – and win.
  • We have a stellar reputation in the legal community, and many of our fellow attorneys choose to refer their most challenging cases to us.
  • We give you our full attention and focus, making you our top priority. We take care of every aspect of your case so you have the time and energy to devote to your physical and emotional recovery.

Types of Driver Distractions That Cause Accidents

Drivers can be distracted behind the wheel in three basic ways:

  • Manual distractions take one or both hands off the steering wheel.
  • Visual distractions take a driver’s gaze off the road.
  • Cognitive distractions force a driver to focus their mental processes on something other than the task of driving.

Different distracting behaviors may involve one, two, or all three basic types of distractions.

Examples of common distracted driving behaviors include:

  • Handheld use of a cell phone
  • Using a tablet or laptop computer
  • Adjusting the radio, navigation, or climate control
  • Reaching for an object
  • Eating or drinking
  • Grooming or applying makeup
  • Interacting with other vehicle occupants
  • Rehearsing an upcoming difficult conversation
  • Reading a magazine, newspaper, or book
  • Looking at things outside the vehicle (rubbernecking)
  • Daydreaming

How Many Crashes Are Caused by Distracted Driving?

According to the National Highway Traffic Safety Administration, over 3,100 traffic fatalities occurred in distracted driving accidents nationwide in a single recent year. Furthermore, a study conducted by the New York City Department of Health found that 19 percent of adult drivers in the city admitted to texting or emailing while driving within the past 30 days, while 15 percent of teen drivers of legal driving age admitted to texting or emailing while driving within the past 30 days.

New York Law on Distracted Driving

New York was the first state in the country to ban handheld cell phone use behind the wheel. Under state law, drivers may not use a cell phone or portable electronic device while driving except to call 911 or contact police, fire, or EMS about an emergency.

Illegal actions behind the wheel include:

  • Talking on a handheld cell phone
  • Writing or reading text messages or emails
  • Browsing the internet
  • Viewing or taking images or videos
  • Playing games

Violating the law carries a minimum fine of $50, with a maximum fine ranging from $200 to $450, depending on how many prior violations a driver has had within the past 18 months. A violation also carries an additional surcharge of $93. Violations will also result in the imposition of five points on the cell phone user’s driving record.

What Compensation Am I Eligible for as a Distracted Driving Victim?

As a distracted driving accident victim, you may have the right to recover compensation for losses you incurred due to the accident, including:

  • Medical treatment and rehabilitation costs, including emergency room, hospital care, surgeries, pain medication, physical therapy, and occupational therapy
  • Healthcare and support expenses for long-term impairments or permanent disabilities
  • Lost or reduced earnings during your recovery from your injuries
  • Loss of earning capacity and job benefits after suffering permanent disability from work
  • Pain and suffering
  • Loss of enjoyment and quality of life after suffering disabilities or permanent, visible scarring or disfigurement that interferes with your daily life
  • Vehicle repair expenses or reimbursement for the value of your totaled vehicle

How Should I Document the Accident as a Victim to Prove Liability?

Different kinds of evidence can help you prove that the other driver caused the car accident because they were distracted. Examples of evidence may include:

  • Accident scene photos, including photos of skid marks on the road that show the other driver’s late braking
  • Surveillance camera, traffic camera, or dashcam videos of the crash, or videos of the other driver’s actions immediately before the crash
  • Driver cell phone logs, text message logs, email logs, and social media posts
  • Vehicle event data recorder (black box) logs
  • Witness testimony, including testimony from passengers in the other driver’s vehicle
  • Police accident reports
  • Accident reconstruction reports

Statute of Limitations on NYC Distracted Driving Car Accident Cases

Under New York Civil Practice Laws & Rules §214, you must file a distracted driving lawsuit within three years of the crash. If you file a lawsuit after this statutory period expires, you risk the trial court permanently dismissing your case. If the court dismisses your case, you will lose your right to pursue compensation in court from the distracted driver at fault for the accident.

Contact Our NYC Distracted Driving Accident Law Firm for Help

Contact The Perecman Firm, P.L.L.C., today for a free, no-obligation consultation. You can discuss your circumstances and legal options with our New York City distracted driving attorneys. We’ll help you understand the compensation you could be eligible to recover in a distracted driving lawsuit.