What to Do if Hit By a Distracted Driver

Every day, thousands of New Yorkers navigate the busy streets of the city, from the bustling avenues of Manhattan to the quieter neighborhoods of Brooklyn. Among them are many drivers, passengers, cyclists, and pedestrians, all of whom may be at risk of encountering distractions while behind the wheel. Distracted driving is a serious issue and can lead to devastating consequences. At Greenberg Law, our car accident lawyers understand the complexities that come with being involved in a car accident caused by a distracted driver. Knowing what to do right after such an incident can make a significant difference in the outcome of your case.

Understanding Distracted Driving in New York

Distracted driving is a critical issue that affects the safety of all road users in New York City. Given the city’s dense population and bustling activity across neighborhoods like Manhattan, Queens, and the Bronx, the likelihood of encountering a distracted driver is heightened. Understanding how distractions impact driving behavior is essential for both drivers and pedestrians alike.

The Scope of the Problem

New York is known for its vibrant streets and constant movement, but the same environment that makes the city exciting can also lead to dangerous driving conditions. According to the New York State Department of Motor Vehicles, distracted driving is a leading cause of car accidents across the state. Every year, thousands of accidents occur due to drivers who are not fully focused on the road.

Types of Distractions

Potential distractions can be categorized into three main types:

1. Visual Distractions

These distractions cause drivers to take their eyes off the road. Common examples include looking at a mobile device, checking a GPS, or even looking at passengers. In a city as vibrant as New York, where billboards and storefronts compete for attention, visual distractions can easily lead to dangerous situations.

2. Manual Distractions

Manual distractions occur when a driver takes their hands off the wheel. Activities such as eating, drinking, or adjusting the radio can lead to loss of vehicle control. In crowded areas like Times Square, engaging in manual distractions can significantly increase the likelihood of accidents.

3. Cognitive Distractions

Cognitive distractions refer to mental engagement that pulls focus away from driving. For instance, a driver deep in conversation with a passenger or preoccupied with personal thoughts may not respond quickly to changes in traffic or road conditions. This type of distraction can be particularly hazardous in the fast-paced environment of the NYC traffic grid.

The Legality of Distracted Driving

In New York, laws are in place to combat distracted driving, especially concerning cell phone usage. Texting while driving has been illegal since 2009, and New York State has enacted a “hands-free” law that prohibits the use of handheld devices while driving. Violating these laws can result in hefty fines, points on your driver’s license, and increased insurance policy premiums. Additionally, distracted drivers can face civil liability if their negligence results in a distracted driving accident, allowing victims to pursue legal claims for damages.

Local Considerations

Areas with high pedestrian traffic, such as the bustling streets of Manhattan or near popular attractions like Central Park and the Empire State Building, exacerbate the dangerous behavior of distracted driving. As both tourists and residents thrive in these hotspots, the chances of encountering distracted drivers increase.

Awareness of distracted driving is crucial in improving road safety throughout New York City. Whether you’re driving through the busy streets or walking across a crosswalk in Brooklyn, understanding the significance of this issue can help you stay alert and safe.

In an environment as dynamic and fast-paced as New York, it’s essential for drivers to remain vigilant and focused. Education on the risks of distracted driving can contribute to safer streets for everyone. If you or a loved one has been affected by a car accident caused by distracted driving, knowing your rights and options can help you navigate the aftermath effectively.

What To Do If Hit By a Distracted Driver

If you’ve been hit by a distracted driver, it’s vital to take the right steps immediately following the motor vehicle crash. Here’s what you should do:

1. Ensure Safety

Check for injuries to yourself and others involved in the accident. If anyone is hurt, call 911 immediately. New York City has a robust emergency response system, and first responders will ensure that everyone receives medical attention as needed.

2. Move to a Safe Location

If it’s safe to do so, move your vehicle out of traffic. This is particularly important in high-traffic areas like Fifth Avenue or near the Brooklyn Bridge where congestion can lead to additional accidents.

3. Call the Police

Report the incident to local law enforcement. When the police arrive, provide them with accurate information about the accident, and do not admit fault, even if you feel guilty. The police will prepare a report that can be critical for your insurance claim and may help in case legal action is necessary.

4. Collect Evidence

Gather information from the scene. This includes:

• Photographs: Take pictures of the accident scene, vehicle damage, and the surroundings, as this can help illustrate the circumstances of the accident.
• Witnesses: If bystanders saw the accident, gather their contact information for potential testimonies.
• Driver Information: Collect names, contact numbers, and insurance details from the other driver.

5. Seek Medical Attention

Even if you feel fine, it’s important to get checked out by a healthcare professional. Some injuries may not be immediately apparent, and having a medical record may be essential for any personal injury claims that arise.

Reporting the Accident

In New York, all accidents involving bodily injury or damages over $1,000 must be reported to the Department of Motor Vehicles (DMV), as well as your insurance company. As you navigate the process, consider reaching out to a car accident lawyer to help guide you through the complexities that may arise.

Why You Should Contact a Car Accident Lawyer

After being involved in a car accident, particularly one caused by a distracted driver, the legal process can be challenging and overwhelming. At Greenberg Law, we recognize that navigating the aftermath of an accident can be emotionally taxing, especially when dealing with injuries, vehicle repairs, and insurance claims. This is where a skilled car accident lawyer can make a significant difference in your experience. Here’s a closer look at why engaging with a car accident lawyer is crucial:

1. Gather All Necessary Documents and Evidence

One of the first tasks a car accident lawyer will undertake is to ensure that all relevant documents and evidence are collected. This includes:

• Police Reports: A police report detailing the incident can provide crucial information about how the accident occurred and who may be at fault.
• Medical Records: Documenting injuries is essential for any future claims. Your lawyer will ensure that all medical records, bills, and diagnosis reports are compiled.
• Witness Statements: Statements from individuals who witnessed the accident can strengthen your case. A lawyer can help track down these witnesses and obtain their testimonies.
• Photographic Evidence: Pictures of the accident scene, vehicles involved, and any noticeable road conditions can be instrumental in establishing fault.

Having a comprehensive collection of evidence can bolster your claim and increase your chances of receiving compensation.

2. Navigate Insurance Claims Effectively

Dealing with insurance companies can be a daunting task. After an accident, you may face pressure from your insurance adjuster, especially if the other party was at fault. A car accident lawyer will:

• Handle Communication: A lawyer will act as your representative when dealing with insurance companies, allowing you to focus on recovery rather than the claims process.
• Negotiate Settlements: Lawyers are skilled negotiators who understand how to advocate for fair compensation. They will leverage their knowledge and experience to challenge lowball offers and push for a fair settlement based on the specifics of your case.
• Protect Your Rights: Insurance companies may attempt to exploit your vulnerability by offering settlements that do not adequately cover your expenses. Your lawyer will ensure that your rights are protected throughout the claims process.

Given New York’s comparative negligence law, where fault can be shared between parties, having a lawyer is especially valuable in ensuring you are not unfairly penalized in your settlement amount.

3. Understand Compensation Options for Any Injuries or Property Damage Incurred

The physical, emotional, and financial toll of a car accident can be significant. A car accident lawyer will help you understand the compensation options available to you, which may include:

• Medical Expenses: Costs for medical treatments, rehabilitation, or ongoing care related to injuries sustained in the accident.
• Lost Wages: Compensation for any income lost due to time taken off work for recovery or medical appointments.
• Property Damage: Reimbursement for damages incurred to your vehicle or personal property as a result of the accident.
• Pain and Suffering: Compensation for non-economic damages can also be pursued, including emotional distress, loss of enjoyment of life, or reduced quality of life.

Understanding what you are entitled to is crucial in ensuring adequate compensation. Your lawyer will help you calculate potential damages accurately and advocate for all necessary claims.

4. Legal Representation for Complex Cases

Legal proceedings can be intricate, especially in cases involving multiple parties or significant damages. A local car accident lawyer familiar with New York City laws can provide several advantages:

• Knowledge of Local Laws: New York has specific statutes and regulations governing car accidents. A local lawyer will be well-versed in these laws, helping you navigate the legal framework effectively.
• Access to Resources: Experienced car accident attorneys have access to resources such as accident reconstruction experts, medical professionals, and financial analysts who can provide additional support for your case.
• Trial Representation: If your case does not settle and proceeds to court, having a lawyer who can represent you effectively is essential. They will prepare your case, present evidence, and argue on your behalf to ensure that your interests are represented.

Get the Support You Deserve

If you’ve been involved in a car accident due to a distracted driver, don’t navigate the aftermath alone. At Greenberg Law, our passionate team is here to help you understand your rights and pursue legal options to get compensation you deserve. Contact us today to discuss your case and discover how we can support you through this challenging time. Your path to recovery begins with us.