Distracted driving is dangerous driving. It is one of the fastest-growing causes of motor vehicle collisions in Queens. Were you or a loved one hit by a distracted driver? It is imperative that you know your rights and your options. At Poltielov Law Firm P.C., we put injured victims and their families first. In this article, our Queens auto accident attorney provides a comprehensive guide to distracted driving collisions.
Know the Data: Distracted Driving Accidents
According to data from the Federal Communications Commission (FCC), there are nearly 325,000 distracted driving accident injuries nationwide each year. To be clear, that figure represents actual reported injuries in distracted driving wrecks, not just near misses or minor collisions (of which there are many). In dense urban areas like Queens, distracted driving carries heightened risk. The high traffic and many pedestrians demand constant attention from drivers. Short following distances, frequent lane changes, pedestrians, cyclists, and delivery traffic leave little margin for error. Even a momentary glance at a phone can turn what would otherwise be a routine stop into a serious crash.
Why Distracted Driving in Queens is So Dangerous
Distracted driving degrades multiple driving functions at once. Visual distraction pulls eyes from the road. Manual distraction removes hands from vehicle controls. Cognitive distraction delays reaction time even when the driver appears focused. Texting combines all three. There are so many different hazards that can arise extremely quickly while a person is behind the wheel. A distracted driver can miss brake lights, misjudge gaps, fail to yield, and not see a pedestrian or cyclist. The consequences can be a catastrophic crash.
How Fault Works for Distracted Driving Accidents in New York State
New York operates under a no-fault motor vehicle insurance system. It is a structure that controls how distracted driving claims proceed at the outset. Regardless of who caused the crash, an injured victim typically must first pursue no-fault benefits to cover medical treatment and a portion of lost wages. These benefits are capped by statute and are paid through the applicable no-fault policy. In other words, your initial claim is always a no fault claim.
With that being said, you may have a fault based claim in a distracted driving accident case in Queens if you suffered a serious injury. In New York, a serious injury is narrowly defined by statute and includes categories such as fracture, significant disfigurement, permanent consequential limitation of use, significant limitation of use, or a medically determined injury that prevents usual daily activities for at least 90 of the first 180 days following the collision.
Recovering Compensation for Distracted Driving Accident Victims
Hurt in a crash with a distracted driver in Queens? You have the right to seek compensation for the full extent of your damages, including for any non-economic losses. However, the big insurance companies that are on the other side of these cases can make the claims process hard on people. They fight to pay out less in settlement. Our Queens distracted driving accident injury lawyer can help. You may be able to recover financial compensation for:
- Vehicle repairs or replacement;
- Ambulance costs and emergency room care;
- Hospital bills and other medical costs;
- Loss of wages and loss of future earnings;
- Pain and suffering & mental distress;
- Long-term physical disability;
- Reduced quality of life; and
- Wrongful death of a family member.
How Our Queens Distracted Driving Accident Lawyer Can Help
Distracted driving accident injury claims are complicated. If you were hurt in a wreck with a distracted driver, it is normal to have a lot of questions about your rights, your options, and what comes next in the claims process. R. Ariel Poltielov is a Queens distracted driving accidents lawyer who puts victims and families first. With a proven record of case results, we have the experience that victims and families in Queens can count on in distracted driving accident injury cases. Your initial consultation with our Queens distracted driving accident lawyer is free and confidential.
Distracted Driving Accidents in Queens: Frequently Asked Questions (FAQs)
What qualifies as distracted driving under New York law?
Distracted driving includes texting, handheld phone use, and any activity that diverts a driver’s attention from the roadway. New York traffic law expressly prohibits texting and handheld device use while driving. Other forms of distracted driving are still considered negligence.
Can I bring a claim if the other driver was texting in Queens, but the crash was minor?
Yes, but recovery is limited by New York’s no-fault law. Minor injuries are typically handled through no-fault benefits only. A lawsuit for pain and suffering requires meeting the serious injury threshold or exceeding the statutory economic loss cap. Still, you should always be prepared to bring a no-fault claim to get all available benefits.
How do you prove a driver was distracted at the time of the crash?
Evidence can come in a wide range of different forms. Proof may include phone records, vehicle data, eyewitness testimony, and video footage. Police reports and admissions at the scene can also be relevant. A thorough investigation by an experienced Queens car accident lawyer is a must.
Can my compensation be reduced if I was partially at fault?
Yes. In a fault-based distracted driving accident claim, New York applies pure comparative negligence. Any percentage of fault assigned to the injured victim reduces damages proportionally but does not bar recovery. A Queens lawyer can help you navigate the process.
Contact Our Queens, NY Distracted Driving Accident Attorney for a Free Case Review
At Poltielov Law Firm P.C., our Queens car accident lawyer has the skills and experience to handle the full range of distracted driving accident claims. If you or a family member was hurt in a crash with a distracted driver, we are here as a legal resource. Call us now or contact us online today to set up a free, no obligation initial consultation. We represent distracted driving accident victims in Queens and throughout New York City.