Distracted Driving Accidents
Distracted driving occurs when a driver's attention is diverted from the road, and can cause catastrophic accidents due to the driver’s failure to pay attention and fail to see what is plain to be seen. A driver may be talking on the phone, texting, dealing with children in the backseat, eating, doing their makeup, adjusting the radio, or trying to put an address in a GPS navigator and fail to comply with their duty to remain alert to the conditions on the road ahead of them. A moment's distraction can result in catastrophic injuries to another person. If you are seriously hurt in a distracted driving accident caused by another driver in New York City, contact Jesse Minc Law Group offers free consultations to determine the best way in which to ensure that you are fully compensated for your injuries. Our Bronx distracted driving accident lawyers will dedicate unparalleled trial skills and resources to your case to make sure that your rights are protected.Pursue Compensation for a Distracted Driving Accident
Distractions that cause serious car accidents in the Bronx and New York City can be caused by activity both in and outside of a vehicle. All drivers are legally obligated to pay attention to road conditions and respond appropriately to emergencies and events that occur on the road, and also to ensure that whatever is going on inside of their own vehicle does not make it unsafe to continue to drive. Not so surprisingly, approximately 80% of collisions in New York are caused by distracted driving in one form or another; these accidents often involve drivers being distracted by the use of their cell phone or other electronic device while driving. Pursuant to New York Vehicle and Traffic Law (the “VTL”) Sections 1225-C and 1225-D, the use of cell phones and hand-held electronic devices is prohibited while driving. These laws may provide a basis to hold a negligent driver responsible if you are injured in a distracted driving car accident. Contact our firm to learn how you can use the laws of New York to hold negligent drivers responsible for causing your injuries.
To be successful in a distracted driving car accident lawsuit, you will first need to establish the negligence of the defendant driver. You will need to prove that it is more likely than not that the other driver owed you a duty of care, which they breached, and that you were injured as a result of the breach. Every driver on the road is charged with the duty and responsibility to keep a proper lookout and to see what is plain to be seen. In the case of distracted driving accidents, a breach of this duty can be established by demonstrating a violation of the VTL, or by obtaining an admission from the defendant driver that he or she did not see you before the accident occurred despite the fact that your vehicle, your bicycle, or your body (if you were a pedestrian) was plain to be seen in front of them when the accident occurred. When there is a violation of the hand-held cell phone law or another safety law that caused the accident, a distracted driving accident attorney in the Bronx may be able to establish negligence per se. Negligence per se or as a matter of law generally helps plaintiffs because it shifts the focus of the case from liability to damages.
Sometimes both the defendant and the plaintiff are distracted while driving, and the defendant may allege comparative negligence. Under the doctrine of comparative negligence, your damages will be reduced by an amount equal to your own percentage of fault. For example, if the total damages are $500,000, and your degree of fault is 20%, you would be able to recover $400,000 from a defendant who was 80% at fault.
The damages that you can recover if you successfully establish liability vary depending on the nature of the injuries. For example, if you are paralyzed and become a quadriplegic as a result of an accident, our Bronx distracted driving accident attorneys are able to help you prove your case and allow you to recover medical expenses, the costs of purchasing medical equipment, losses of income and earning capacity, loss of government and employment-based benefits, loss of enjoyment of activities, pain and suffering, rehabilitation, physical therapy, changes to your home to make it livable for you (such as a wheelchair ramp), and household services. We do this by hiring experts such as economists, life care planning experts, physicians, rehabilitation experts and others to analyze your damages so that a clear presentation can be made to the jury at trial, or to the defendants at the negotiating table. On the other hand, if you suffer burn injuries, you may not need medical equipment, physical therapy, or changes to your home. However, you may be able to recover damages for disfigurement, scarring, and the cost of future surgeries to diminish the scars. Contact our firm to discuss the best way to prove your entitlement to compensation if you are injured in a distracted driving car accident.
The value of these losses can vary depending on the particular qualities of the plaintiff. For example, imagine a case involving severe facial scarring sustained in a distracted driving accident. A jury may place a high value on your disfigurement car accident lawsuit if you happen to be a young woman who may have worked as a model or in another profession in which appearance matters. Similarly, if you are rendered immobile due to paralysis, a jury may award you far more for your pain and suffering if you demonstrate to them that, in addition to being totally unable to participate in your usual and customary activities, you have been forced to undergo daily medical treatment and require a home health aide to perform even the most basic activities of daily living due to your inability to be independent. Our experienced car accident lawyers will fully explore your losses and help you to highlight those aspects of your damages that will be compelling to a jury, and will build a persuasive case to present to the insurance adjuster or jury to ensure that you receive maximum compensation if you are injured.Contact a Distracted Driving Accident Lawyer in the Bronx
If you are seriously injured in a rear-end collision or any other type of distracted driving accident in New York City or the Bronx, you must hire an aggressive trial attorney who will fight for your right to compensation. Our firm is extremely selective both in the cases that it chooses and the attorneys whom it hires to ensure that every case that we accept receives the proper amount of resources and analysis to maximize the chances of success. We hire lawyers from Top 20 nationally ranked law schools who are nationally recognized and honored for being at the top of their field. Our success rate is more than 95% in our lawsuits. For a free consultation and no-obligation investigation of your case by our attorneys, call us at (718) 354-8000 or contact us through our online form. We also represent victims in Brooklyn, Queens, Manhattan, and Nassau, Suffolk, and Westchester Counties.