NY Distracted Driving Lawyers
Distracted driving accident lawyers in New York specialize in helping victims who are injured by another driver’s negligence. Each year, thousands of victims—both pedestrians and other drivers—who are injured by distracted drivers hire attorneys to help maximize compensation for their damages, pain, and suffering.
If you or someone you know was injured in a distracted driving accident, you can schedule a free consultation with a distracted driving attorney by calling 855-468-7626, or contact Sobo & Sobo online.
What Counts as Distracted Driving in New York State?
The following behaviors fall under the “distracted while driving” category of negligence in New York State, according to the National Highway Safety Association:
- Talking and texting on the phone
- Talking to passengers
- Driving while drowsy
- Eating and/or drinking
- Applying makeup
- Adjusting the stereo, as well as any navigation or entertainment system
- Any other behavior that distracts a driver from driving safely, and results in causing an accident
Who is at Fault in a Distracted Driving Accident?
In short, the distracted driver who causes a collision will likely be found to be the main cause of the accident. The main goal of injured victims in these circumstances will be to prove in court that the guilty party was in fact displaying distracted behaviors, and that their own driving habits played little to no part in the accident.
Employer Negligence in Commercial Truck Accidents
Trucking companies can be single-minded in their pursuit of profit. Like many organizations, they lobby to reduce government regulation of their businesses. These companies will spend time and money lobbying against regulations that make trucking more costly to provide and also make the trucking industry safer for drivers. This conflict of interests is inevitable and dangerous.
Some of the most common violations include:
- Allowing drivers to drive excess hours in violation of service rules. Some drivers have been forced to drive in excess of 20 hours a day.
- Pressuring drivers to skip safety inspections to cut back on time
- Directly and indirectly asking drivers to speed
Truck drivers and trucking companies always have a duty to maintain and operate their tractor-trailers in a reasonably safe manner. That duty includes following regulations.
When filing a personal injury lawsuit, negligence must be proven that shows a person acted with less care and caution than an average person reasonably would. Trucking accident cases work under a theory of negligence called “negligence per se.” Under this legal theory, when a person or company violates a safety regulation or law, that violation is automatically considered negligence.
Injuries Covered in Distracted Driving Accident Lawsuits
Injuries from distracted driving accidents can cause serious and long-lasting injuries depending on the angles of collision, the types of automobiles involved, and the speed of impact. Some of the most common injuries sustained from accidents caused by distracted drivers include:
- Spinal Damage: from being hit from the side, front or back, which in severe cases can lead to broken vertebrae and paralysis
- Broken Bones: especially in the hands, wrists and arms, as people instinctively hold them out after impact to stop their momentum. Serious collisions may result in fractured legs
- Traumatic Brain Injuries (TBIs): most commonly caused by the forehead hitting the steering wheel
- Cuts and Lacerations: from broken glass and debris
- Bruises & Internal Bleeding: even when drivers and passengers are properly secured, they may suffer internal injuries—most frequently to their ribs, hips and back—after car collisions
Distracted Driving Accident Settlements in New York
Compensation for distracted driving accidents can vary dramatically based on accident details and the total costs incurred. New York’s auto insurance requirements already dictate that insurance companies must provide up to $25,000 per person for any bodily injuries, and $50,000 per person for any wrongful deaths.
Beyond these no-fault provisions, compensation from successful lawsuits can result in settlements many times larger than those offered by insurance. It is not unusual for results to compensate victims up to hundreds of thousands or millions of dollars in New York.
Contact a New York Distracted Driving Lawyer
If you or someone you know was injured in an accident caused by distracted driving, contact the car accident attorneys at Sobo & Sobo online for a free consultation, or call 855-GOT-SOBO. At Sobo & Sobo we have over 50 years of experience helping injured victims win settlements for distracted driving accidents across the Hudson Valley and New York City.
New York State Distracted Driving Accident Statistics
According to reports from the Centers for Disease Control and Prevention (CDC) and the National Highway Safety Administration (NHTSA):
- In New York State, distracted driving is the leading cause of all motor vehicle accidents
- 9% of all fatalities from motor vehicle accidents were caused by distracted drivers
- Drivers aged 15-19 are the most likely to cause accidents related to distracted driving
- Each year, an average of 600 pedestrians and bicyclists are killed in distracted driving accidents
- 25% of distracted drivers involved in fatal crashes are adults aged 20–29.