During a recent winter, a 17 year old female student was a passenger in a motor vehicle traveling on the north side of the Van Wyck expressway in Queens, New York.
Birth injuries are serious complications that can occur during the birthing process, potentially leading to lifelong challenges for the child. These injuries can range from minor bruising and swelling to severe, permanent disabilities, such as cerebral palsy or brachial plexus injury.
Common surgical errors include performing the wrong procedure, leaving foreign objects in the body, damaging vital organs, or causing infections. Such mistakes can lead to severe pain, disability, and even death.
Fellows Hymowitz Rice: Your Trusted New City Distracted Driving Accident Lawyers
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 Statistics in New York State
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.
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.
Common Driver Distractions
Distracted driving is any activity that diverts a driver’s attention from the critical task of safely operating a vehicle, including:
Visual Distractions: These occur when a driver takes their eyes off the road. This could be to glance at a text message, adjust the radio, or even stare at a passing scene.
Manual Distractions: This involves taking your hands off the wheel, whether it’s to reach for a drink, eat a snack, or even apply makeup.
Cognitive Distractions: These are mental distractions that take your mind off the task of driving, like daydreaming, engaging in deep conversations, or being emotionally preoccupied.
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.
Injuries Resulting from Distracted Driving
Common injuries that result from distracted driving accidents include:
Whiplash: This is a neck injury caused by a sudden jolt, often resulting in chronic pain and limited mobility.
Traumatic Brain Injuries: These injuries can range from mild concussions to severe brain damage, impacting cognitive function, memory, and personality.
Spinal Cord Injuries: These devastating injuries can result in paralysis, loss of sensation, and chronic pain.
Broken Bones: Fractures can be painful and debilitating, requiring surgery and extensive rehabilitation.
Internal Injuries: Organ damage can be life-threatening and may require ongoing medical care.
Wrongful Death: In the most tragic cases, distracted driving accidents can be fatal, leaving families to cope with the devastating loss of a loved one.
Beyond these physical injuries, victims may also suffer emotional trauma, including post-traumatic stress disorder, anxiety, and depression.
New York’s Strict Laws Against Distracted Driving
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.
Additional Restrictions for Young Drivers: Drivers under the age of 18 are prohibited from using any type of cell phone while driving, even if it's hands-free.
Knowing these laws and following them is crucial for avoiding tragic accidents.
Stressed Out Trying to Navigate New York’s Laws?
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!
How Can I Seek Compensation After a Distracted Driving Accident in New City?
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:
Permanent Loss of Function: The loss of a limb, permanent impairment of a body part, or significant limitations in daily activities
Significant Disfigurement: Visible disfigurement that is considered serious, such as a severe scar or facial deformity
Fractures: Broken bones that require surgery or result in significant loss of function (especially displaced fractures)
Serious Head Injury: Concussions, brain injuries, and other traumatic brain injuries causing significant cognitive impairment or long-term disability
Loss of Fetal Life: If a pregnant woman loses her baby due to a car accident
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.
Damages You Can Recover After a Distracted Driving Accident
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:
Economic Damages: Losses that have specific dollar amounts, such as medical expenses, lost wages, and damaged property
Non-Economic Damages: Intangible losses that are harder to quantify, such as pain and suffering, emotional distress, loss of enjoyment of life, and disfigurement
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.
How to Win a Distracted Driving Accident Case in New City
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:
Police reports
Witness statements
Cell phone records
Photos and videos of the accident scene
Medical records
Expert testimony
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.
How Fellows Hymowitz Rice Can Help You
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:
Decades of Experience: Our seasoned attorneys have a proven track record of success in complex personal injury cases.
Personalized Attention: We understand that each case is unique, and we tailor our approach to your specific needs and goals.
Aggressive Representation: We are relentless in our pursuit of justice, fighting tooth and nail to protect your rights and secure the compensation you deserve.
Compassionate Support: We understand the emotional toll a distracted driving accident can take, and we're here to provide support and guidance every step of the way.
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.
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!
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