Distracted driving is an ever-growing problem on New York roads, leading to thousands of preventable accidents each year. Thankfully, if another driver recently slammed into your vehicle while they were texting, talking on the phone, adjusting their GPS or engaging in any other distraction, you may be entitled to compensation for your injuries and damages.
Essentially, distracted driving occurs whenever a driver’s attention is diverted from the road. In New York, this behavior is particularly dangerous due to heavy traffic, pedestrians and cyclists sharing the road. The most common types of distractions include:
- Texting or using a smartphone
- Eating or drinking while driving
- Adjusting the radio or GPS
- Talking to passengers
- Reaching for objects inside the vehicle
Even a momentary lapse in attention can lead to devastating accidents, which is just one of the reasons why distracted drivers who cause harm should be held accountable for their injurious actions.
Proving distraction in your case
If you were injured because another driver was distracted, proving their negligence is going to be key to recovering compensation. Some forms of evidence that may support your claim include:
- Cell phone records – These can show whether the driver was texting or making a call at the time of the crash.
- Traffic camera or dashcam footage – Video evidence may capture the driver’s distraction.
- Witness statements – Bystanders or other drivers may have observed the at-fault driver’s behavior before the crash.
- Police reports – Law enforcement officers may note signs of distracted driving in their accident report.
New York follows a no-fault insurance system, meaning that your own insurance will initially cover medical expenses and lost wages up to the limits of your policy. However, if your injuries are serious, you may be able to file a personal injury lawsuit against the distracted driver to recover additional damages.
With all of this said, it is important to remember that every case is unique. Seeking personalized legal guidance before committing to a plan of action, therefore, is generally wise.