Victims of Distracted Driving Accidents May Be Entitled to Legal Compensation for Their Injuries
Distracted driving remains one of the leading causes of car accidents across New York and the United States. According to the National Highway Traffic Safety Administration, “Using a cell phone while driving creates enormous potential for deaths and injuries on U.S. roads. In 2023, 3,275 people were killed in motor vehicle crashes involving distracted drivers.” But drivers can be distracted by a number of different items aside from their phone. There are many different things that people should know about New York’s distracted driving laws.
What Constitutes Distracted Driving?
Distracted driving can constitute a variety of different behaviors in the state of New York. But New York law focuses primarily on electronic devices. According to New York Vehicle and Traffic Law (VTL) §§ 1225-c and 1225-d, no person shall operate a vehicle at the same time they are using a portable electronic device. This can include cell phones, pagers, computers, and gaming devices.
Distracted Driving Can Impact Personal Injury Cases
If the driver that injured you was distracted, this can impact your personal injury case. Attorneys will want to examine numerous pieces of evidence in order to determine whether or not a driver may have been distracted.
- Cell Phone Records: An attorney may look at cell phone records around the time of a crash. This may include text, calls, and app usage.
- Vehicle Data: An attorney can also examine vehicle data collected from a car’s event data recorder.
- Surveillance Footage: An attorney can review surveillance footage that may indicate a driver was looking away from the road prior to a crash.
- Police Reports: A police report can provide a great deal of information about what a driver may have been doing leading up to a crash.
- Witness Statements: In many cases, several witnesses may have seen that a driver was distracted prior to a collision.
Depending on the facts of any case, it is possible that a distracted driver may be automatically held liable for a collision. Drivers can be found liable for collisions under the doctrine of negligence per se if they violated a statute that was meant to protect other people from being harmed.
Compensation Available for Victims of Distracted Driving Accidents
Any person injured in a car accident involving a distracted driver may be entitled to numerous damages. What follows below are some of the forms of compensation that accident victims can seek.
- Medical Expenses: Accident victims can see compensation for all of the medical bills that they accrue. This includes past medical bills as well as future expenses.
- Lost Wages: Accident victims can see compensation for all of the lost wages that they miss out on due to being injured.
- Emotional Distress: Accident victims can seek damages for the pain and suffering endured as a result of an injury involving a distracted driver.
- Punitive Damages: Accident victims may be entitled to punitive damages in cases where a defendant’s conduct is particularly egregious.
It is critical that accident victims seek legal support early on if they’ve been injured by a distracted driver. A skilled attorney can often mean the difference between winning or losing any case.
Getting Legal Help for a Distracted Driving Case
Car accidents can leave victims with serious injuries that require them to take extensive periods of time away from work. They may also be left with high medical bills. It is important that accident victims understand that they do have legal rights. They are able to seek some measure of accountability through a personal injury claim.
If you or someone that you care about has been injured in a car accident involving a distracted driver, you may have legal recourse. Our team of personal injury attorneys at GLK Law is here to help in any way that we can. We care deeply that accident victims get the support and justice that they are entitled to under the law. Whether you just have legal questions or need any type of support, we are here for you. You can reach out to us anytime at (516) 908-9792.
