With distracted driving becoming more prevalent, it makes sense to hire a distracted driving accident lawyer to look out for your best interests. It is difficult dealing with the pressure, pain and financial repercussions of injuries connected to distracted driving especially if you were not at fault. Hiring an experienced car accident attorney offers you legal recourse so that you can seek compensation. That is why you should contact our Aggressive Niagara Falls car accident attorneys and they will make sure you receive valid and fair indemnification.
The statistics on distracted driving in the United States paint a grisly picture. 8 people die daily in crashes involving a distracted driver. More than 2800 people lost their lives and approximately 400,000 were wounded in 2008 due to a crash caused by distracted driving. Even more serious is the fact that 1 out of 5 of the people involved in these crashes in the same year happened not to be in vehicles. Instead, they were walking, riding bikes, or were contrarily outside of vehicles.
It is bad enough when you are involved in a car crash due to distracted driving. It is even worse when you were completely not at fault, and yet you sustained serious injuries, or your vehicle was damaged, or you suffered from both injuries and your vehicle was extensively damaged as well. Would you like to learn what you or someone you care about are the regrettable victims of a distracted driving incident can do?
There are certain things that you must do immediately to safeguard your interests after a distracted driving incident. Without them, your situation could get more complicated. While you may feel you can do those things on your own, you need the help of an experienced and aggressive distracted driving accident lawyer.
With the help of Buffalo Car Accident Lawyers , the integrity of evidence that provides proof of your innocence and the other party’s liability is protected. That is why you must get in touch with a Niagara Falls distracted driving accident lawyer soonest for a free consultation and evaluation of your case.
Table of Contents
Understanding Distracted Driving
Any activity that distracts you, or draws your attention away from driving can be classified as distracted driving. When you talk on phone or text while driving, that is distracted driving. Anytime you eat or drink while driving, that is classified as distracted driving.
Other acts of distracted driving include talking to other people while driving or fidgeting with your car stereo. Any form of non-driving activity that engages your attention to the extent that the risk of crashing or causing an accident is enhanced, is likely to be classified as distracted driving.
The Different Categories of Distracted Driving
There are four categories of driver distraction:
- The visual category is where the driver looks at something else other than the road.
- The auditory category is where a driver is listening to something else other than their driving.
- The manual category happens when a driver uses their hands to manipulate something else instead of having their hands constantly on the car’s steering wheel.
- In the cognitive category, the driver’s thoughts are centered on something else other than their driving activity.
The Laws on Distracted Driving in the State of New York
Cell Phone usage laws were originally enacted in 2001 in the State of New York. New York is one of the first states to curb the use of cellphones by drivers while they are driving. Since then, these laws have been altered and are made more exacting and with harsher penalties. A restriction on cell phone use is captured under the New York Vehicle and Traffic laws act 33: Miscellaneous Rules, Section 1225-c and 1225-d.
According to this law, you are not permitted to use a cellphone or any other appliance. The exception to this law is when you use a hands-free, or when the device is not connected to the dashboard. If you must get in touch with emergency services, you will be exempt from this law. Anyone deemed to be an authorized emergency services provider is also exempt from the law during emergencies.
The New York distracted driving law prohibits drivers from the use of cellphones when they are in traffic even when they are not moving. What this means is that even when you are not driving and are waiting for traffic lights, or are in a jam, you cannot use your cellphone. Cab drivers are also not allowed to use their cellphones with a violation attracting a fine of $350. While young drivers aged 18 and below are allowed to use their cellphones under the same restrictions, they have extra penalizations when they violate distracted driving laws.
Penalties for Distracted Driving Violations
Anyone that violates the distracted driving laws is regarded as being in contravention of traffic laws. Each infringement within an 18 month period attracts a fine of $50 to $200 for the first breach, $50 to $250 for the second breach, and $50 to $450 for the third violation.
Additionally, surcharges of up to $93 are compulsory for every offender. Apart from the fines, a violation also attracts an additional 5 penalty points and may lead to the suspension of your driving license if 11 penalty points are accrued within a period of 18 months.
Damages Victims Can Get From Distracted Driving Accident Claims in New York
If you are a driver in New York, you must assume responsibility for other drivers. The law presumes you will apply a measure of consideration and prudence in order to lessen the probability of bringing about injuries or damages. Anytime you drive while distracted, you are considered to be in violation of the law that expects you to be careful and cautious. That is the same argument that a Niagara Falls distracted driving accident lawyer would put forth in the event that you get injured or suffer damages due to the fault of a distracted driver in New York.
Should you get injured or suffer damages in a car accident, you are potentially entitled compensation on account of the inadvertent of another party. If our distracted driving accident lawyer can demonstrate that the other party was driving imprudently, you are in a position to get awarded and receive financial recovery from the at-fault party.
There is a lot that can be learned from car accident statistics in any state. New York has a fair share of car accidents including distracted and speeding accidents. About 300 deaths occur in the state due to traffic related injuries.
In a highway safety annual report released in 2020, speeding, aggressive driving, and cell phone texting were recorded as the major causes of accidents. As a top law firm dealing with car accidents, Aggressive car accident lawyers Buffalo, NY has a unique set of skills that will help you at every opportunity.
We scrutinize your case and gather sufficient proof to clearly demonstrate that you were injured because another driver was distracted. We work hand in hand with professionals and specialists to develop a defense on your behalf. We also pinpoint the damages caused by the at fault party. These might include but are not limited to:
- Medical bills.
- The cost of rehabilitation.
- Disability and pain.
- Loss of income and wages as a result of the accident.
- Damages caused to property as a result of the accident.
- Emotional suffering and depression as well as Post Traumatic Stress Disorder (PTSD).
As a leading distracted driving accident lawyer, our objective is to determine what damages have been caused to you through a speeding accident, or as a result of distracted driving. We then establish what the worth of the damage is and make an aggressive effort to salvage the best possible compensation for you.
The Statute of Limitations in New York
It is very important that every individual is cognizant with what is known in law as the applicable statute of limitations in New York. This is a legal term that refers to the timeframe within which a victim must file a claim after getting injured due to an at-fault accident. Knowing the time frame ensures that you don’t get barred from following through with an injury case.
The best cause of action in order to prevent any risk to your case would be to seek legal advice. That helps you establish the specific statute of limitations that is relevant to your case. No matter how knowledgeable you might be, only the advice of an experienced attorney can help with the correct interpretation of the law. The help of Aggressive Buffalo Car Accident Lawyers will guarantee that your claim is filed in good time.
Filing of a case must happen within 90 days of an incident in New York. There are variations for filing a case against a municipality or government agency, and filing against a private party. Once you receive free consultation from our leading Aggressive car accident lawyers Buffalo, NY, you will know the definite deadline for filing your claim.
We will then take appropriate action that guarantees that your rights and interest are protected. Our experience in the legal practice furnishes us with the knowledge, expertise, and skills to obtain the best possible outcome for you from a distracted driving car accident claim.
Reasons to Contact a Distracted Driving Accident Lawyer after a Distracted Driving Incident
New York state law indicates that you have exactly three years from the date of an accident to file an injury claim. Once that deadline elapses even by a day, you forfeit your legal rights to file for compensation.
That is regardless of the catastrophic nature of your injuries. While you are probably always very cautious while driving, there will always be people that are negligent. You will never be able to control what others do on the road. You can however make them accountable for their carelessness. This is a very important reason why you need a speeding accident lawyer.
The best possible way to get maximum compensation for your injuries is to seek the help and advice of an experienced car accident lawyer. Our distracted driving accident lawyer will make every effort to ensure you receive fair and just compensation.
We have handled numerous car accident cases, our team of experienced lawyers knows what evidence to collect and how to build a water-tight case that demonstrates that you are the victim and the other party is responsible for your injuries.
A distracted driving accident lawyer from Buffalo Car Accident Lawyers is conversant with the process of getting witness testimony, using photos from the scene to determine fault, and using police reports to strengthen your compensation claim. They also know how to negotiate the best possible deal so that you receive appropriate compensation. Getting in touch with our top team of lawyers offers you a better chance at receiving proper compensation.
Contact a Niagara Falls Distracted Driving Accident Lawyer Today!
Have you or a person dear to you have been involved in a car accident and you suppose that distracted driving played a role in your injuries? Get in touch with Aggressive car accident lawyers Buffalo, NY. We know how any accident, and especially serious ones, can cause untold pressure to victims. Why not leave no room for speculation by getting in touch with our team of professional lawyers. We are ready to offer you free consultation and to assist you through this stressing situation so that you can reach the outcome you deserve.
It can be very challenging to go against an insurance company that is representing a distracted Driver. Why not leave that to people who are familiar with the finer details of personal injury and liability laws? By allowing Buffalo Car Accident Lawyers to manage your claim, you take the guesswork out of the legal process and enhance your chances at achieving your goals for fair compensation. Get in touch with us today, and you can be assured of obtaining the compensation that is due to you.