Drivers face countless distractions on NYC’s busy streets—from cell phones and navigation systems to the city’s constant hustle and bustle. Unfortunately, it only takes a split second of inattention to cause a devastating accident.
Being involved in any motor vehicle accident is stressful. However, when injured by a distracted driver, you may wonder how to prove fault and receive the compensation you need and deserve. Read on to discover the laws around distracted driving in NYC and how to move forward after an accident.
What Counts as Distracted Driving in NYC?
It’s not just about texting while driving. In NYC, distracted driving is anything that takes your eyes and focus away from the road, whether it involves your hands straying from the wheel or your mind drifting to your shopping list.
Examples of Distracted Driving in NYC
Morning commuters transform their cars into breakfast nooks, driving in crowded streets while juggling coffee and bagels. Drivers are finishing off their grooming routine, applying makeup in rearview mirrors, or knotting hair ties in stop-and-go traffic. Here are some of the most common distractions on NYC roads:
- Texting and Cellphone Use. Texting and cell phone use are common distractions. Drivers may take their eyes off the road for several seconds when texting, which is enough time to cause a rear-end accident at a traffic signal or stop sign.
- Navigation Apps. Tourists and other drivers unfamiliar with NYC roads frequently glance down at their phones while navigating unfamiliar territory. While figuring out where they are headed, drivers could miss pedestrians entering crosswalks or cars suddenly stopping ahead.
- Eating and Drinking. Turning vehicles into moving dining rooms during rush hour is never a good idea. Spilled coffee or a dropped sandwich may cause a driver to look away or make rash steering wheel movements at critical moments.
- Interacting with Passengers. Sharing a story with friends or trying to pacify fighting children in the back of the car can come at a price. In NYC’s chaotic traffic environment, even a quick glance to the backseat can cause an accident.
- City Distractions. The city that never sleeps is in itself one big distraction. From eye-catching billboards to street performers to noisy construction sites—the city is constantly competing for a driver’s attention.
NYC Distracted Driving Laws: What You Need to Know
Distracted driving in NYC doesn’t come cheap. Distracted and negligent drivers may be slapped with hefty fines and license points. Texting while driving in New York now carries a severe penalty of 5 points on your license. Here are some of the critical laws and regulations involving distracted and negligent driving in NYC:
- “Negligence Per Se.” When a driver breaks traffic laws and causes your injury, they may be automatically considered negligent. If you’re hurt and looking for compensation, Negligence Per Se can strengthen your claim.
- Serious Penalties for Offenders. Drivers caught texting face 5 points on their license and fines up to $450 for repeat violations. Younger drivers with provisional licenses face a mandatory 120-day suspension for first offenses.
- Comparative Negligence. New York follows the legal doctrine of “pure comparative negligence,” meaning you can recover damages even if you were partially at fault. However, your compensation may be reduced by your percentage of responsibility.
- Phone Records as Evidence. If you were involved in a crash with a distracted driver who was texting, your attorney can subpoena phone records. These records may prove the other driver was texting, calling, or using apps when the accident happened, proving your claim.
- Time Limits for Legal Action. According to the New York Statute of Limitations, you have just three years from the accident date to file a lawsuit against a distracted driver, decreasing to only 90 days if your case involves a government vehicle. Missing these deadlines can prevent you from recovering compensation.
Distracted driving cases in NYC can be complex and challenging to prove. Getting legal advice is crucial for recovering what you deserve if you or a loved one is affected by a car accident caused by distracted driving. An experienced NYC personal injury lawyer can maximize your recovery.
What to Do After a Car Accident Caused by Distracted Driving in NYC
What you do in the chaotic moments after an accident matters to your health and compensation claim. Seek medical attention immediately, even if injuries seem minor, as some symptoms take days to appear. While at the scene, document everything with photographs and gather information, such as the contact details of all involved drivers and eyewitnesses.
Make sure to communicate your suspicions about distracted driving to the law enforcement officers at the accident scene so your observations are noted in the police report.
Importantly, don’t inadvertently damage your case by apologizing or downplaying your injuries. If you have suffered severe injuries, contact an experienced car accident attorney before speaking with any insurance companies. A car accident lawyer can protect your rights, gather critical evidence, and negotiate with insurance companies on your behalf.
Proving Distracted Driving in Your NYC Accident Case
Establishing driver distraction requires swift evidence-gathering. Your attorney can secure cell phone records showing the other driver’s activity during the accident.
Traffic camera footage may have captured the driver looking down seconds before the crash. Social media activity just before a collision can provide timestamped evidence of negligence that can be difficult to dispute. Not to forget eyewitness accounts, which can be crucial to prove driver negligence.
In serious cases, accident reconstruction experts can analyze reaction times and impact angles to demonstrate that a delayed response, consistent with distraction, caused the crash.
Compensation Available for NYC Distracted Driving Victims
If you’re the victim of a car accident caused by distracted driving in NYC, you may be entitled to substantial compensation. While every insurance claim is unique, you could qualify for the following and other damages:
- Healthcare Expenses. Compensation can include all accident-related treatment, including future rehabilitation needs and ongoing care. Victims with permanent disabilities may be entitled to modifications of their home and vehicle.
- Lost Income. If you missed work due to your injuries, you may receive lost income and payments for future lost earning capacity.
- Pain and Suffering. You’re not only entitled to damages for your physical injuries but could also recover amounts for your pain and anguish, emotional distress, and reduced quality of life.
- Property Damage. Compensation can include repairs or replacement value for your vehicle and personal belongings damaged in the crash.
- Wrongful Death Benefits. Families who have lost loved ones due to a car accident caused by distracted driving could recover wrongful death benefits, including funeral expenses, lost financial support, and loss of companionship.
Berkowitz & Weitz Law, P.C. Helps Victims Get Justice
Don’t leave your health and financial stability to chance. NYC distracted driving laws are complex, and effective legal representation can make all the difference to your claim.
Our attorneys at Berkowitz & Weitz, P.C. understand the unique challenges of proving distraction in NYC accident cases. We have a track record of successfully recovering significant compensation for car accident victims just like you.
Our dedicated attorneys can handle every aspect of your case, from preserving critical electronic evidence to consulting with medical experts about your injuries. Contact Berkowitz & Weitz Law, P.C. today for a free, no-obligation consultation to discuss your legal options.