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If you’ve been a victim of an accident caused by a distracted driver, you have the right to pursue compensation from the at-fault party. Fellows Hymowitz Rice, a New York car accident law firm with a dedicated team of personal injury lawyers, is here to guide you through the legal process and fight for your rights.
With over four decades of experience championing the rights of injured individuals throughout New York State, we understand the physical pain, emotional trauma, and financial hardship that a distracted driving accident can inflict.
Our compassionate team of New City car accident attorneys is committed to providing unwavering support and aggressive legal representation to help car accident victims pursue the compensation they need to recover. Our mission is to help you get back on your feet and rebuild your life.
Distracted driving has become an epidemic on U.S. roads. According to the National Highway Traffic Safety Administration, distracted driving accidents resulted in 3,308 fatalities nationwide in 2022 alone.
The state of New York has proven to be no exception to this epidemic: According to preliminary data from the University at Albany’s Institute for Traffic Safety Management and Research, driver inattention/distraction was a contributing factor in 116 fatal New York crashes in 2023.
These alarming statistics should only emphasize the immense danger posed by distracted driving. A moment’s inattention can result in life-altering consequences, with victims often facing a mountain of medical bills, lost wages, and the debilitating effects of physical and emotional pain.
In the face of these challenges, it’s crucial to remember that you’re not alone. Legal help is available, and seeking the guidance of an experienced New City personal injury attorney can be a pivotal step toward recovery and justice.
Distracted driving is any activity that diverts a driver’s attention from the critical task of safely operating a vehicle, including:
It’s important to recognize that even seemingly harmless actions can become lethal distractions when you’re behind the wheel. And a split second is all it takes for a distracted driver to cause a catastrophic accident.
Common injuries that result from distracted driving accidents include:
Beyond these physical injuries, victims may also suffer emotional trauma, including post-traumatic stress disorder, anxiety, and depression.
In New York State, distracted driving isn’t just a bad habit — it’s illegal. Recognizing the devastating consequences of this reckless behavior, the state has enacted strict laws to hold distracted drivers accountable and protect other road users. For example, in 2001, New York was the first state in the nation to ban talking on a handheld cell phone while driving.
Some important New York laws include:
Knowing these laws and following them is crucial for avoiding tragic accidents.
Don’t let legal issues add to your burden after a distracted driving accident. Reach out to us for a free consultation — you pay no legal fees unless we win!
If you’ve been injured in a distracted driving accident, you have the right to seek compensation for your losses, whether you were a driver, passenger, or pedestrian. The legal options available to you may vary depending on your circumstances, but the goal is the same: to ensure you receive fair compensation for your injuries.
New York is a no-fault insurance state, which means your insurance covers medical costs and lost wages — regardless of fault. Also known as a personal injury protection (PIP) claim, this is often the first step in seeking compensation after a car accident. It’s available to all accident victims who were in a vehicle at the time of the crash and any pedestrians who have their own auto insurance policy (or are covered under a household member’s policy). It’s not, however, available to motorcyclists.
It’s important to note that PIP coverage has limits, and it may not fully compensate you for all your losses, especially if your injuries are severe or require long-term treatment. However, if the at-fault driver is uninsured or underinsured, you may be able to file a claim with your own insurance company for additional coverage.
A personal injury claim allows you to seek compensation for a wider range of damages beyond what your no-fault insurance covers. You can file a personal injury claim if you are a pedestrian without auto insurance coverage, or if you are a driver or passenger with serious injuries.
As defined by New York law, the “serious injury” threshold includes the following criteria:
While a lawsuit can be more complex and time-consuming than a no-fault claim, it can also provide you with the resources you need to fully recover and rebuild your life. And while motorcyclists cannot recover PIP benefits, they can file a personal injury lawsuit.
Consult with a New City car accident lawyer to determine whether you meet the criteria for a lawsuit and to maximize your recovery.
In New York State, the statute of limitations for filing a personal injury lawsuit is generally three years from the date of the accident. However, there are some exceptions to this rule, so it’s important to consult with an attorney as soon as possible after the accident to ensure your rights are protected.
If you’ve been injured in a distracted driving accident and meet the “serious injury” threshold, you might be able to recover various types of damages in a personal injury lawsuit, including:
The specific damages you can recover will depend on the facts of your case and the severity of your injuries. It’s crucial to discuss your situation with an experienced personal injury lawyer who can help you determine the best course of action and maximize your potential recovery.
To win a distracted driving crash case, you and your attorney will need to prove that the other driver was negligent and caused you harm. This means demonstrating that they had a duty of care to drive safely, that they breached that duty by driving distracted, and that their breach of duty caused your injuries.
Evidence that can be used to prove negligence in a distracted driving case includes:
While this evidence is difficult to impossible to collect and present on your own, an attorney from Fellows Hymowitz Rice can help you build a strong case and demonstrate that you deserve maximum compensation.
At Fellows Hymowitz Rice, we’re more than just attorneys — we’re your advocates and your partners in the pursuit of justice. Our experienced legal team will meticulously investigate your case, gather compelling evidence, and aggressively negotiate with insurance companies to secure the compensation you deserve. If a fair settlement cannot be reached, we are prepared to take your case to trial, fighting tirelessly on your behalf before a judge and jury.
When you choose Fellows Hymowitz Rice, you gain access to:
We’re not just another NY personal injury law firm; we’re a team of seasoned litigators who have secured significant financial awards for people facing a wide array of personal injury cases. From minor injuries to complex wrongful death claims, we’ve honed our skills to the point where we can effortlessly navigate the intricacies of the legal system and consistently achieve favorable outcomes.
Rob Fellows is more than just a lawyer; he's a seasoned advocate and a respected leader in the legal community. With over 40 years of experience, he's earned a reputation for meticulous preparation, unwavering advocacy, and a genuine commitment to his clients.
Steve Hymowitz is a champion for the underdog, specializing in medical malpractice and construction accident cases. He’s known for his warmth and unwavering dedication, relentlessly pursuing justice for those who feel powerless against insurance companies.
Matthew brings an unparalleled level of energy and drive to every case, earning a reputation for achieving exceptional results. He goes beyond financial wins, building deep connections with clients and becoming a trusted advisor during their most difficult times.
Joanne Horowitz is a skilled legal strategist and a strong advocate for those facing injuries due to negligence, construction accidents, and medical malpractice.
Margaret is a seasoned negotiator, expert in civil dispute resolution, with extensive experience handling homicide cases.
Don't let an injury define your future. Get the justice and compensation you deserve. Contact us today for a free consultation!
Whether your distracted driving accident happened in New City or anywhere else in New York, our experienced legal team at Fellows Hymowitz Rice is ready to stand by your side. We provide legal services to accident victims throughout the entire state, including Manhattan, the Bronx, Queens, and Westchester.
Don’t let a distracted driver’s recklessness dictate your future. Fellows Hymowitz Rice helps victims of car accidents across New York State, and we’re here to help you recover and rebuild your life after a New City car accident. Contact us today for a free case review!
