Brooklyn Distracted Driving Accident Lawyers
In an age of constant distraction and limited attention spans, distracted driving has become one of the leading causes of car accidents in the United States. The U.S. Department of Transportation reports that over 400,000 people are injured and over 3,000 are killed in motor vehicle accidents involving distracted drivers. Diverting your attention from driving for even a few seconds can have disastrous consequences.
If a distracted driver has injured you or a loved one, our Brooklyn distracted driving accident lawyers at Rubenstein & Rynecki can help you seek justice and the compensation you deserve for your injuries and losses. For over 50 years, Rubenstein & Rynecki has fought for the rights of injured clients, securing hundreds of millions of dollars in compensation.
What Are Common Causes of Distracted Driving Accidents in Brooklyn?
Distracted driving accidents can occur for any reason that diverts a driver’s attention from the road, though cell phone use is the leading cause. The National Highway Traffic Safety Administration (NHTSA) reports that drivers who are texting while driving are 23 times more likely to be involved in a car accident. Texting and other actions involving cell phones cause drivers to become simultaneously visually, physically, and cognitively distracted.
Other common causes of distracted driving include but are not limited to:
- Applying makeup or combing hair
- Daydreaming, wandering thoughts, or watching something outside the vehicle
- Drowsy driving
- Drunk or drugged driving
- Eating or drinking
- Reaching for something inside the vehicle
- Reading
- Talking to or arguing with passengers
- Using navigation systems
- Watching videos
What Are New York’s Laws on Cell Phone Use While Driving?
Using a cell phone for any purpose while driving in New York is illegal, except for making an emergency 911 call. Citations for talking or texting while driving add five points to your driving record. Violations of the law can result in a 60-day license suspension, and repeated convictions can lead to a six-month suspension.
What Injuries Are Common in Distracted Driving Accidents?
The reduced focus and delayed reaction times caused by distracted driving can lead to accidents, resulting in severe and life-altering injuries. Some common injuries sustained in distracted driving accidents include:
- Amputations
- Back, neck, and spinal cord injuries
- Broken bones and fractures
- Burns
- Concussion and head injuries
- Crushed or severed limbs
- Cuts and lacerations
- Disfigurement and scarring
- Internal bleeding
- Nerve damage
- Organ damage
- Partial or complete paralysis
- Psychological trauma
- Soft tissue injuries
- Traumatic brain injuries
- Whiplash
How Can I Prove the Other Driver Was Distracted?
Despite strict laws and the dangers, people still drive while distracted, causing accidents by taking their eyes off the road or their hands off the wheel. While you may suspect the other driver was distracted, proving it can be challenging but not impossible. Evidence to prove the other driver was distracted at the time of the accident include:
- Admission of guilt: People often blurt out apologies, even stating that they received a text or were calling someone immediately following an accident, usually not realizing that they are admitting guilt. Admissions are the strongest evidence supporting distracted driving allegations.
- Police report: Reporting the accident is crucial. An official report detailing the key elements of the accident, including information about the other driver, will be created. The officer will document any evidence demonstrating the other driver was distracted, including an admission of guilt.
- Eyewitness accounts: Witness statements can be powerful if they recall seeing the driver using a cell phone or engaged in another activity during the crash.
- Physical evidence: Critical physical evidence demonstrating the other driver’s actions can be found either outside or inside the car, such as skid marks or lack of skid marks, points of collision, a recently used cell phone, open food containers, or a loud radio.
- Cell phone records: Records of the driver’s cell phone activity are instrumental as they pinpoint usage at the exact moment of the collision through calls, texts, open apps, or photos taken.
- Surveillance footage: If the accident occurs in a commercial or residential setting, surveillance cameras may have captured footage of the driver’s actions at the time of the collision.
- Expert testimony: Car accident experts can provide powerful testimony to help a jury understand what a safe driver should have been doing during the collision, including reconstructing accidents for visual representation.
What Types of Compensation Can I Seek for My Injuries?
If you are injured in a distracted driving accident, you may be entitled to seek a combination of economic and non-economic damages for your expenses and losses, such as:
- Disability or disfigurement
- Lost current and future wages
- Medical expenses
- Ongoing medical treatment related to the accident
- Pain and suffering
- Wrongful death
New York is a pure comparative negligence state, meaning each driver is assigned a percentage of fault in the accident, regardless of who is fully responsible. This affects the total compensation you can collect, and the percentage you are assigned will be reduced from the total compensation awarded.
Additionally, you have limited time to bring a personal injury claim. The statute of limitations in New York is three years from the date of the accident or two years from the date of death.
What Should I Do if I Am in a Distracted Driving Accident in Brooklyn?
Gathering evidence at the scene immediately following an accident can provide powerful evidence in your case. If you are physically able, you should do the following:
- Call the police and report the accident and injuries.
- Exchange contact and insurance information with the other driver.
- Photograph the scene, including the car damage, injuries, weather and road conditions, signage, lighting, and other contributing factors.
- Ask witnesses for their contact information statements of what they witnessed.
- Seek medical attention as soon as possible, even if you believe your injuries are minor. Some internal injuries have delayed symptoms and can be life-threatening if left untreated. The doctor’s report is also a crucial element of your claim.
- Maintain all records and correspondence related to your accident and injuries.
- Minimize conversation at the scene and do not post about the accident on social media. What you say can be used against you later.
- Hire an experienced car accident lawyer who is skilled at negotiating with insurance companies and has a successful history of obtaining maximum compensation.
Why Choose Rubenstein & Rynecki for Your Distracted Driving Accident Case
Following an accident, you should focus on your recovery and not have the added stress of pursuing your own accident and injury claim. An experienced Brooklyn distracted driving car accident lawyer at Rubenstein & Rynecki can ease the burden and help you navigate the aftermath of a car accident.
With our knowledge and experience in personal injury law, our Brooklyn distracted driving accident lawyers at Rubenstein & Rynecki can provide valuable assistance in various ways, including investigating the accident, working closely with your medical team regarding your ongoing healthcare needs, interviewing police officers and witnesses, hiring experts, and litigating your case, should it proceed to trial.
Our Brooklyn Distracted Driving Accident Lawyers at Rubenstein & Rynecki Advocate for Clients Injured by the Negligent Actions of Others
Suffering injuries in a car accident caused by another driver’s reckless driving behaviors can result in steep medical expenses, lost wages, and property damage. If a negligent driver has injured you, our Brooklyn distracted driving accident lawyers at Rubenstein & Rynecki can help you seek justice and the compensation you deserve. Call today at 718-522-1020 or contact us online to schedule a free consultation. Located in Brooklyn, we serve clients throughout New York City, including The Bronx, Manhattan, Queens, and Staten Island.
