Queens Distracted Driving Accident Accident Lawyer
Modern passenger vehicles today can weigh anywhere between two to five tons. When a vehicle of this size crashes into another car, pedestrian, or cyclist, the effects are catastrophic. To prevent serious injuries, all motorists have a legal duty to make sure they are not distracted while they drive. While texting is one of the most common distractions, and most deadly, there are other types that can also result in a crash. Below, our Queens distracted driving accident lawyer explains the compensation you may be eligible for, and how to obtain it.
What is Distracted Driving?
Texting and driving is the most common type of distraction and has been since 2010 when instances started increasing rapidly. New York was the first state in the country to ban texting and driving that year and today, motorists face fines and points on their driver’s license if they are convicted of the offense. However, these fines do not compensate accident victims.
Texting and driving is also not the only type of distraction drivers face. Anything that takes a driver’s hands off of the steering wheel, or their attention or eyes off of the road can be considered distracted driving. Some of the most common types of distractions are as follows:
- Changing the music,
- Adjusting the GPS,
- Grooming or applying makeup,
- Drinking or eating,
- Talking to passengers,
- Interacting with animals, such as pets
Who is Liable for Distracted Driving?
When a motorist is distracted and causes an accident, they can be held liable for paying damages for your medical expenses and other losses. However, under New York’s no-fault laws, you must first file a claim with your own insurance company. By filing this claim, you can receive personal injury protection (PIP) benefits, which will cover your initial medical expenses and a portion of your lost income.
Most New Yorkers purchase only the minimum amount of no-fault auto insurance and the value of the policy limit is not usually enough to fully cover the cost of injuries and other losses. In these cases, you may be able to file a claim against the distracted driver.
When filing a claim against a distracted driver, you must prove they caused the crash and are liable for paying damages. You do not have to do this when obtaining PIP benefits from your own insurer. To prove your case you may need the police report, witness statements, cell phone records, surveillance footage, expert testimony, and other important pieces of evidence. A Queens distracted driving accident lawyer can collect this evidence while you focus on recovering from your injuries.
Our Distracted Driving Accident Lawyer in Queens Can Prove Your Case
Distracted driving is extremely dangerous behavior and motorists who violate the law should be held accountable. At Cohan Law Firm, our Queens distracted driving accident lawyer can build a strong case for you so you obtain the full and fair settlement you are entitled to. Call us now at 855-855-0321 or contact us online to schedule a consultation with our experienced attorney so we can get started on your case.
