New York Driver Distraction Accidents
Distracted driving includes any behaviors that turns a driver's attention away from focusing on driving. Distracted driving includes texting, emailing, using the internet, talking on the phone, grooming, eating, fiddling with the radio, or tending to passengers. As a result of driver distraction thousands of people are seriously injured or die each year. The victims of such accidents often suffer painful, devastating injuries with long recovery periods. For example, it is not uncommon for a victim to suffer a traumatic brain injury such as a severe concussion, or a life-altering spinal cord injury that leaves the victim paralyzed. Such injuries are not only physically and emotionally painful they also can cause the victim financial stress since the victim may have to miss a substantial amount of work. If you are considering contacting a New York Injury Lawyer because you or a loved one suffered a serious injury in a car accident, it is critical that you do so immediately. An experienced New York Driver Distraction Accidents Lawyer will work tirelessly to ensure that you receive compensation for your losses through a personal injury or wrongful death claim.New York distracted driving law
New York has two provisions that relate to distracted driving. Under New York Vehicle and Traffic Law section 1125-c it is against the law to use a mobile phone while driving. Similarly, under New York Vehicle and Traffic Law section 1125-d it is also against the law to drive while using a laptop, pager, electronic game, tablet or any other portable electronic device. Furthermore, other more general driving laws prohibit driving in an unsafe or negligent manner. Thus, if a driver is distracted for any reason and thereby causes an accident, that driver may be legally liable for his or her negligence.Consequences of distracted driving
Whether the driver is using her or phone, glancing at a map, eating food, or turning to check on children in the car, if that driver’s actions causes an accident he or she is liable for injuries caused.
If you were injured in an accident because of the negligence of a distracted driver, through a personal injury lawsuit there are number of different types of damages that you may be able to recover:
- Medical expenses. The person responsible for the accident that caused your injuries may be required to pay for your medical expenses. This would include medical bills you accumulated prior to filing your claim as well as future medical expenses related to the treatment of your injury.
- Lost wages. Even a relatively minor accident may cause you to miss time at work. The person responsible may be required to pay the wages you lost. If you end up using earned sick days or vacation days, you may be entitled to receive compensation for those days. Furthermore, if as a result of your injury your earning potential declined, you may be able to recover damages for loss of future earning capacity.
- Pain and suffering. Another potential source of damages that you may be entitled to receive is pain and suffering. In the context of a personal injury claim, pain and suffering refers to physical pain as well as emotional distress.
- Property damage. The person whose negligence caused the accident may also be responsible for damage to your vehicle or other property.
A personal injury lawsuit against the person responsible for the accident will not only hold that person accountable for his or her negligent acts but will also provide you and your family with needed financial relief. To ensure that your rights are protected it is important that you are represented by someone with experience representing victims of car accidents. The staff at Stephen Bilkis and Associates has extensive experience successfully representing clients injured accidents caused by driver distraction as well as other types of vehicle accidents. Contact us at 1-800-NY-NY-LAW (1-800-696-9529) to schedule a free, no obligation consultation regarding your car accident.