If there is one thing we have been taught over the years after seeing hundreds of cases, it is that driving while distracted is a big no-no. The imprudence may seem minor because we all find ourselves distracted at some point in the day, with our minds elsewhere, suddenly, in some corner of our childhood, or when we were once happy.
We find it hard to land in the present moment; our mind always wants more and wants to go somewhere. However, this way of going through life disconnected from the present moment has consequences, and distracted driving accidents are one of those unfortunate consequences.
Also, these days, we often find ourselves connected to our smartphones, exchanging messages in real time, or watching new trends on social networks. Unfortunately, more and more drivers can't stop paying attention to their smartphones while driving. Picture yourself driving fast on a highway, and you get distracted by a message. Suddenly, a bigger vehicle than yours appears in front of you.
If you had not been distracted, your reaction time could have been better, and you could have elaborated some spontaneous maneuvers to get out of the way and save your integrity. However, you were not fully attentive, and the impact surprised you. How could you have avoided it?
Suddenly, the smartphone became an addiction. It does not allow you to discern that there are certain moments in which the only thing you should do is to be 100% focused on the act you are performing.
One of those acts is driving. You can't go around Queens driving and looking at your smartphone simultaneously. In New York, this is routine; unfortunately, citizens already feel the consequences.
More and more Queens residents are visiting our offices to tell us that a distracted driver caused them an injury while walking around the city. Our advice in these types of cases is always to seek a competent attorney, like all those who work in our firm, to develop a legal strategy to help you obtain the necessary compensation for the bad time caused by a reckless attitude.
The distracted driving lawyers from The Ward Law Group will evaluate your case for free and share the most important aspects of a possible legal strategy to pursue justice together. Contact us right now, and let’s move forward with this journey! Don't let the recklessness of others steal your happiness. You deserve to get around Queens safely and in peace.
Definition of Distracted Driving
Distracted driving is engaging in any activity while operating a vehicle safely, dispersing the driver's attention from the task. It puts the driver, passengers, pedestrians, and other road users in danger and significantly raises the risk of accidents. Among the frequent types of distracted driving are:
- Texting while driving is dangerous because it distracts the driver from the road. Even a brief texting session can result in a serious accident.
- Using a phone while driving, whether hands-free or handheld, can make a driver lose focus and react slower to dangers.
- Using in-car entertainment or navigation systems: While driving, changing radio stations, choosing music, or entering navigational data can cause brief attention lapses.
- Eating and drinking while driving can cause drivers to take their hands off the wheel and their eyes off the road, which increases the risk of accidents.
- Talking to Passengers: Having animated conversations with other drivers can cause them to lose focus on the road, especially if they are difficult or require a lot of concentration.
- Using social media while driving is a risky distraction because it requires drivers to take their eyes off the road and their hands off the wheel.
- Applying makeup, combing hair, or other grooming activities while operating a vehicle can reduce control and compromise safety.
- Reading or Writing: Driving while reading a book or newspaper or making notes puts the driver's attention off the road and could put them and other people in danger.
Distracted driving is a risky habit that seriously increases the likelihood of accidents. The safety of all road users depends on drivers maintaining total concentration while operating their vehicles and abstaining from distracting behaviors.
Distracted Driving Laws in Queens/New York
Knowing the laws of a place helps when dealing with events happening there. In this case, we are talking about the laws in New York regarding distracted driving.
We cannot list all the legal texts about this situation because they are long. However, we will mention some important points to help you feel safer when moving around Queens.
- Distracted driving is punishable by stiff fines and other legal repercussions in New York. Drivers who commit a first offense may be fined between $50 and $200. The maximum fine for a subsequent offense is $450, with higher fines possible.
- New York's hands-free law bans handheld electronic devices while driving. This law aims to reduce distractions caused by texting, talking on the phone, looking up information online, or using apps. Drivers must interact with electronic devices using hands-free techniques, such as Bluetooth, voice controls, or speakerphones.
- Points on License: Distracted driving offenses can result in points added to a driver's license and fines. After racking up 11 points in 18 months, a license suspension is possible. Five points are assessed for distracted driving infractions, which may impact insurance costs and driving privileges long-term.
Common Injuries from Distracted Driving Accidents
Have you ever wondered what the most common injuries from this type of car accident might be? We have grouped some of them:
- Whiplash is a sudden head and neck jerking motion following a collision that can cause neck pain, stiffness, and discomfort. Whiplash injuries may take time to manifest and can require ongoing medical attention.
- Fractures and broken bones can result from the force of a distracted driving accident. These injuries can be excruciatingly painful and may need surgery, casting, or extensive rehabilitation.
- Traumatic Brain Injuries (TBIs): Head injuries can occur in even small accidents brought on by distracted driving. Concussions to severe brain trauma can result in TBIs, which affect daily life activities, memory, and cognitive function.
- Accidents involving distracted driving can cause spinal cord injuries, which can cause paralysis or restricted mobility. These wounds have long-term effects and frequently call for intensive medical attention as well as assistive technology.
- The deployment of an airbag, broken glass, or collision with the interior of a moving vehicle can bring on cuts, bruises, and abrasions. Even though these wounds might seem minor, they can cause pain and discomfort.
- Internal Injuries: In a distracted driving accident, the force of impact may cause internal injuries like organ damage or internal bleeding. These injuries might not be immediately noticeable, highlighting the importance of thorough medical assessments following an accident.
- Airbag deployment and collision impact can result in facial injuries such as fractures, lacerations, and tooth or jaw damage. These wounds might need both medical and dental attention.
- An abrupt impact can strain, sprain, or tear muscles, tendons, and ligaments. Pain, edema, and restricted range of motion are possible side effects of soft tissue injuries.
- Trauma psychological: The psychological effects of a distracted driving collision should not be understated. Survivors may experience psychological problems that call for medical attention, such as post-traumatic stress disorder (PTSD), anxiety, or depression.
How a Queens Distracted Driving Accident Lawyer Can Help
As we have mentioned before, navigating through a lengthy legal process without the advice of a competent professional could bring negative consequences for your interests. We suggest contacting our lawyers to evaluate your case and find the best strategy to get compensation quickly. Having a lawyer from our firm on your side could also help you in the following aspects:
- Establishing that distracted driving was the accident's primary cause necessitates a thorough investigation. A skilled attorney can gather proof of the negligent actions of the at-fault driver, including phone records, witness statements, and surveillance footage.
- Calculating Damages: The full extent of your damages goes beyond your medical expenses. A skilled attorney can evaluate the effect on your quality of life, earning potential, and emotional health to ensure you seek full compensation for your physical, financial, and emotional losses.
- Dealing with insurance companies can be difficult because their objective is to limit payouts. A knowledgeable attorney can handle negotiations on your behalf, upholding your rights and securing the settlement you deserve while defending your interests.
- Litigation: A distracted driving lawyer can file a lawsuit on your behalf if a fair settlement cannot be reached through negotiation. Their litigation experience guarantees that your rights are upheld and that your case is effectively presented to obtain the settlement you require.
- Legal expertise is necessary because distracted driving laws and court cases can be complicated. An attorney with experience in this field will be aware of your case's particulars and able to provide you with knowledgeable advice and strong advocacy.
How to File a Distracted Driving Accident Claim in Queens
After a distracted driving accident in Queens, being ready and following the right procedures can significantly impact the outcome of your claim. Here is a step-by-step explanation of what to do:
- Ensure Safety: Immediately following the accident, ensure you and the other people involved are safe. Relocate to a secure area and seek medical attention for any wounds.
- Call Law Enforcement: Report the collision to the police. A police report will provide important details and be an invaluable source of support for your claim.
- If safe, take pictures of the scene and collect evidence there. Take pictures of any visible injuries, vehicle damage, skid marks, and the state of the road. Obtain the names and addresses of any witnesses.
- Information Exchange: Share contact, insurance, and driver's license details with other accident participants.
- Do Not Admit Fault: Do not say anything that could be construed as admitting fault. Stick to the facts when discussing the collision with the police, other drivers, and witnesses.
- Seek Medical Attention: Even if your wounds appear minor, see a doctor immediately. A medical history will be crucial to your claim because some injuries may not manifest their symptoms for some time.
- Inform Your Insurance Company: Report the accident to your insurance provider. Don't make any statements that could be used against you; give accurate information.
- Speak with a Distracted Driving Accident Attorney: Get in touch with a skilled Queens distracted driving accident attorney as soon as possible. Talk about the accident's specifics, present any evidence you've gathered, and ask any questions regarding the legal procedure during your consultation.
- Investigation: Your attorney will look into the accident in great detail. This might entail getting hold of phone records, reviewing police reports, speaking with witnesses, and gathering proof to show who's at fault.
- Negotiations: Your attorney will negotiate with insurance companies for a reasonable settlement. They will work to maximize your compensation while ensuring your rights are upheld.
- Potential Litigation: If negotiations fail to produce a satisfactory resolution, your attorney might suggest filing a lawsuit to take legal action. They will help you at every stage of the legal process.
As we see, addressing the issue of distracted driving allows us to identify several aspects involved, including a negligent attitude, the use of technology while driving, aggressiveness at the wheel, and not following the appropriate medical treatment.
The topic makes for a long debate. However, being able to provide you with this valuable information helps us fulfill our purpose of serving others every day of our lives. At The Ward Law Group, we want to see those affected by these accidents smile after receiving the compensation they deserve.
Contact a Queens Distracted Driving Accident Lawyer
Do not go through these moments alone, and you know that we will be there to help you from the first moment. The Ward Law Group wants to make Queens one of the safest communities where we can move without fear that some imprudence threatens our freedom.
Contact us now at 855-DOLOR-55 to receive a free evaluation of your case from an expert texting and driving accident lawyer and indicate a possible legal strategy to help you obtain a satisfactory result.