Distracted driving can take place in many different ways. With a rise in handheld devices like cell phones, distracted driving has become a major issue faced by U.S. drivers.
According to the National Highway Traffic Safety Administration (NHTSA), distracted driving caused more than 2,800 fatal car accidents in the U.S. in 2018.
You have the option to file a claim to pursue compensation if you or a loved one suffered injuries from a distracted driving accident.
Learn how a Brentwood distracted driving accident lawyer will help by calling the office of Friedman & Simon, L.L.P. today at (516) 932-0400.
In This Article
- Types of Distracted Driving
- How Distracted Driving Leads to Accident Claims
- Factors That Affect Distracted Driving Claims
- Whether the Accident Involved Negligence
- If Negligence Caused Your Injuries
- If the Distracted Driver Can Be Held Liable
- Brentwood Distracted Driving Accident Lawyers Will Offer Help
- Consult Friedman & Simon, L.L.P. After a Distracted Driving Accident
Types of Distracted Driving
Distracted driving may involve any action that takes your attention away from the road. Regardless of the type of distracted driving, if a person is driving distractedly and gets into a car accident with you, they will likely be held liable for your injuries.
Some examples of distracted driving behaviors include:
- Composing, reading, or sending text messages
- Adjusting radio dials
- Watching videos or playing games on a handheld device
- Recording a live stream video
- Posting on social media accounts
- Engaging with passengers
- Reaching for objects in other areas of the car
For a free legal consultation with a Distracted Driving Accident lawyer serving Brentwood, call 516-932-0400
How Distracted Driving Leads to Accident Claims
Unfortunately, it only takes seconds for a distraction to lead to a car accident. The NHTSA states that sending a text message takes your eyes off the road for approximately five seconds. While this does not seem like a long time, it equates to hundreds of feet with your eyes off the road.
Even if the roadway is clear, a myriad of unforeseen events can occur while a driver is distracted. For instance, an animal can enter the road, a car could appear from a hidden driveway, the distracted driver can veer into oncoming traffic, a pedestrian, a bicyclist, or other problems can be created in such a way that there is insufficient time and distance to avoid an accident.
The Centers for Disease Control and Prevention (CDC) states that more than 400,000 people in the United States were injured in distracted driving incidents in 2018 alone.
According to the New York State Police, drivers who do not pay full attention to the road will face fines and points on their driver’s license. They will also be held liable for your injuries if they are found to be negligent in the accident.
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Factors That Affect Distracted Driving Claims
A range of factors will affect your distracted driving claim. Working with a lawyer will help you better understand how each of these factors plays a role in your claim.
A lawyer will also explain your legal rights, answer any questions you have about the claim-filing process, and help you by filing the claim documents in the legally-correct and timely manner.
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Whether the Accident Involved Negligence
The concept of negligence is a factor in all personal injury claims. Negligence occurs when someone fails to operate the vehicle they are driving in the manner that a reasonable person would under the same or similar circumstances. Failing to observe vehicle and traffic laws can serve as evidence of negligence.
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If Negligence Caused Your Injuries
After establishing whether the driver was negligent, the court will consider whether the driver’s negligence directly led to your injuries. This is an important consideration, as the driver will only be held liable for your damages if their negligent actions were the cause.
Distracted driving accidents, by definition, involve negligence. Drivers have a duty to see that which is there to be seen in the roadway. If a driver, through his or her own actions, has created a situation where they are distracted from seeing, or from seeing soon enough to react safely, another vehicle, a pedestrian, or bicyclist, that distracted driver has acted in a negligent manner.
A Brentwood aggressive driving accident lawyer will provide a free consultation to review the details of your accident and help you understand if the other driver was negligent. Call Friedman & Simon, L.L.P. at (516) 932-0400 now for more information.
If the Distracted Driver Can Be Held Liable
Finally, if the distracted driver was negligent, they will be held liable for your injuries. This means you will be able to file a claim against them for any damages that resulted from the accident. Personal injury claim damages extend beyond your medical costs.
A distracted driving claim will take into consideration all the ways the accident affected your life, such as time missed from work while you are in recovery, long-term medical care costs, a value for pain and suffering, and other damages that apply.
It is important to note if another driver’s distraction caused the accident which in turn caused your injuries, if you have any reluctance to step forward to make a claim for compensation because you feel you contributed to the happening of the accident, you should not let this stop you. New York Civil Practice Law & Rules (CVP) §1411 provides that compensation awarded will be in proportion to the respective parties’ contribution to causing the accident.
So, for example, if your injuries and damages are found to have a value of one million dollars and your actions are found to have contributed 25% to the overall cause of the accident, you can still potentially recover seven hundred fifty thousand dollars. It is worth repeating, don’t think you needed to be 100% without fault before making any claim at all. If this touches upon any concerns you have, you owe it to yourself to call for a free consultation with an experienced, dedicated, caring attorney today.
A lawyer will help you learn whether you had a fault in the accident and will further explain how this law works and whether it will affect the outcome of your claim.
Brentwood Distracted Driving Accident Lawyers Will Offer Help
Understanding the statutes that apply to your claim will be difficult if you have never filed a personal injury claim. The process of filing a claim is often confusing, with deadlines to meet and required documentation that becomes overwhelming when you are trying to recover after the accident.
A distracted driving accident lawyer from the office of Friedman & Simon, L.L.P. will explain it all patiently and compassionately. We will handle all the legal aspects of your claim, leaving you with one less burden to bear while getting the medical treatment you need and healing from your injuries.
Our lawyers will help in many ways. Some of the most important benefits we provide when you allow us to handle your claim include:
- Regular updates: We will keep you informed every step of the way.
- Establishing liability: If the other driver is liable, our lawyers will work to prove it.
- Handling all communication: Our lawyers will communicate with all parties on your behalf.
- Collecting evidence: Our lawyers will gather all details to build your claim in this critical step.
- Providing a claim value estimate: We estimate potential value based on several factors.
- Fighting relentlessly for you: Our goal is to win the best possible outcome for you
Consult Friedman & Simon, L.L.P. After a Distracted Driving Accident
If a distracted driving accident has led to your injuries and related expenses, you have the option of filing a claim to pursue compensation.
Learn how a Brentwood distracted driving accident lawyer will aid in this process. Contact Friedman & Simon, L.L.P. now at (516) 932-0400 for more information to get started on filing your claim.
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