Were you recently injured in a distracted driving incident in North Tonawanda and need the assistance of an experienced distracted driving accident lawyer? Buffalo Car Accident Lawyers is fully qualified to handle the situation. Call our North Tonawanda car accident lawyers and get the compensation you deserve.
To be allowed to drive the roads of New York, a motorist must pay full attention to where they’re going.
Unfortunately, there are many distractions that can take your eyes off the road. Among the top reasons for distracted driving accidents is the use of a smartphone.
This creates a scenario where the driver won’t be able to react to situations, such as braking when there’s a person or car in front of them or stopping on a red light. When this happens there’s usually an accident that takes place.
What is Distracted Driving?
The National Highway Traffic Safety Administration defines distracted driving as ‘any activity that can divert the driver’s attention from operating a vehicle’. In layman’s terms, this happens when something is keeping you from focusing on the road.
Distracted driving can be classified into 3 types- manual, visual and cognitive.
Manual and visual distracted driving are often related to each other and overlap in many ways. In instances where the driver’s eyes are off the road because he or she is doing something, such as reading a message on their mobile device, scanning a page for information or turning away to look directly at a passenger, this is termed visual distraction.
With manual distractions, the motorist is engaged in an activity that requires the use of both hands. Common examples are when you turn the dial on a car radio, open a navigational app on a tablet dashboard or reach for food or money, for example. In this case, the hands that are supposed to be on the steering wheel are someplace else.
Finally, cognitive distraction takes place in the mind when the driver is not “in the present.” Here, the driver might be preoccupied with a recent conversation, thinking of a social media post, or when they’re daydreaming.
Regardless of the type of distraction, every second that the driver spends in this state increases the risk of causing a car accident and injuring other people.
Laws Regarding Distracted Driving in New York
Distracted driving accidents cause a chain of events that may have lasting repercussions. For this reason, New York has banned the use of smartphones for texting while operating a motorcycle, truck, or car.
To reinforce this New York has placed several sanctions for the first, second, and third offence. Those who are caught texting while driving for the first time are charged $50 to $250. If they’re caught again within 18 months the fine rises to $250, and then the third time they will be charged as high as $450.
Violations such as distracted driving will also add to the driver’s violation points. There will be serious sanctions even for the first offence- motorists with learner’s permits will experience a 120-day suspension, while repeated violations can lead to the revocation of his or her learner’s permit or license.
What Damages Can Victims Get From a Distracted Driving Accident Claim in New York?
Hiring a reputable distracted driving accident lawyer, such as Buffalo Car Accident Lawyers can increase your chances of reaching a favorable outcome in the event that you’re injured by a distracted driver.
Our lawyers will work and exhaust every means possible to obtain evidence and get a strong case for you. We can prove that the injury is related to the driver who’s been distracted and now has caused an accident or injury to others.
Damages can vary depending on the auto accident. Aside from lost wages, you can file for pain and suffering, emotional distress, e.g., PTSD and depression because of the accident, rehabilitation, and of course, hospital bills and medical expenses.
If the crash happened on your property you can also file for property damage. In any case, having the support of a lawyer will allow you to take action and recover anything that’s lost in the incident.
How Long Do I Have to File a Claim in New York?
Taking legal action is the natural next step to getting compensated. However, there’s such as thing as a statute of limitations. According to the law, you may only submit a claim within a given timeframe after the auto accident has happened. Once the statute of limitations expires you or your loved ones will lose the right to file for damages and will have very little to no options in terms of legal recourse.
In short, there’s a short window where you can seek compensation for the damages done to you on the distracted driving accident. Aside from gathering evidence, you will need to submit paperwork for the claim to move along.
Why Do I Need a Distracted Driving Accident Lawyer?
In any distracted driving case or automobile accident, it pays to have a competent North Tonawanda personal injury lawyer by your side.
By right you are entitled to compensation for the driver’s actions, including property damage and injuries when they’ve been suspected of distracted driving. Victims of distracted driving are often left traumatized and need to get medical help in a hospital or a health care facility.
Filing a claim can take time and an enormous amount of effort, something that Buffalo Car Accident Lawyers can help with to lighten the load. We will push for you to get just compensation for lost income, pain and suffering, medical bills, and punitive damages.
Most at-fault parties won’t willingly admit to what they’ve done. They and their insurance companies will offer resistance and deny you the recourse you need to get your life back together. A distracted driving accident lawyer can be the difference between a failed claim and a successful one.
Contact a Distracted Driving Accident Lawyer for Your Free Consultation
In any distracted driving situation there’s a legal aspect involved. You wouldn’t want to be caught with nothing when there’s so much at stake.
Our car accident and personal injury North Tonawanda attorneys will sit down with you and discuss the best course of action. We will guide you every step of the way so you can get the compensation you rightly deserve. Call Buffalo Car Accident Lawyers today and a distracted driving accident lawyer will start your claim.