Distracted Driving Car Accidents
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Distracted driving car accidents in NYC are all too common. Have you been hurt in an accident in New York City caused by a distracted driver? When someone else’s negligence has caused your injuries, you may be entitled to compensation.
At the Law Offices of Jay S. Knispel Personal Injury Lawyers, we’re here to help you fight for the money you need for your medical bills, lost wages, and pain and suffering.
We have proudly represented NYC residents in all five boroughs for more than 25 years. Call our law office at (212) 564-2800 to schedule a free consultation with a New York City car accident lawyer to discuss your case.
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When you are seriously injured by a distracted driver, the last thing you should be worried about is fighting with insurance companies for fair compensation. Unfortunately, that is an uphill battle many injury victims in New York City, New York face.
At the Law Offices of Jay S. Knispel Personal Injury Lawyers, we have more than 25 years of experience fighting on behalf of accident victims. We will put our experience and expertise to work for you.
Founding attorney Jay S. Knispel has litigated multi-million-dollar injury claims and worked as a Senior Trial Lawyer for a national insurance company. This gives our law firm valuable insight into the tactics insurance companies use.
Choose a New York City car accident lawyer at our law office to represent you and count on us to:
Jay S. Knispel is an experienced trial lawyer and not afraid to take your case to court for the full compensation you deserve. Call our law office today to schedule your free consultation to find out how we can help.
Distracted driving can be just as dangerous as drunk driving according to some studies. It’s a common problem that comes in many forms, including using a GPS device, texting, eating, or talking to passengers while driving.
The most common type of distraction is using a cell phone while driving. Even using a hands-free device can be a distraction.
According to the CDC, there are more than 1,000 distracted driving accidents in the U.S. every day. In 2018, the National Highway Traffic Safety Administration (NHTSA) found that 2,841 people were killed in distracted driving crashes.
Around 1 in 5 people killed in distracted driving accidents were pedestrians or cyclists. 25% of distracted drivers in fatal crashes were 20 to 29.
Distracted driving accidents in NYC are such a problem that the New York Governor’s Traffic Safety Committee called distracted driving a top contributing factor in crashes.
About 80% of accidents and 65% of near-crashes involved a driver looking away from the road just before the collision. The NHTSA found that looking away for just two seconds doubles the risk of an accident or near accident. It can also increase the danger of any road defects you might encounter.
This is an issue not only in the city streets but also in parking lots, highways, and intersections. You can even get into a single-vehicle accident due to you or someone else being distracted while driving.
Between 2009 and 2019, New York accidents involving cell phone using and texting increased by 89%. In 2009, New York made texting while driving a traffic offense.
Because every accident case is unique, there is no way to easily value your claim. The economic damages you suffered will be the easiest to calculate as they have a clear financial value.
Non-economic damages like pain and suffering are potentially worth more than your economic damages, but this will depend on factors like:
The Law Offices of Jay S. Knispel Personal Injury Lawyers will help you understand how much your personal injury claim may be worth and how long it will take your case to settle during your consultation.
When you are injured by an at-fault driver, you may be entitled to two types of damages: economic and non-economic.
Depending on the circumstances, you may be entitled to compensation for:
New York is a no-fault insurance state. You make a claim against your own auto policy first to recover damages. If you meet New York’s serious injury threshold, you can pursue the distracted driver for your damages.
New York uses a pure comparative negligence rule in accidents that involve shared fault. NY CPLR Section 1411 allows you to recover damages even if you are partially at fault for your accident. In fact, you can even recover compensation if you are 99% at fault!
Be aware that your share of liability in your accident will directly reduce your recovery.
For every percentage of fault assigned to you in court, your damages will be reduced by an equal share. This system can benefit parties who shared fault in a crash, but insurance companies take advantage of this rule as much as possible.
The insurance company will try to shift blame to you to reduce the amount they must pay. An experienced New York City car accident lawyer will work to defend you against these blame-shifting tactics.
A car accident can change your life forever. You may be left with a painful recovery, the need for invasive treatment, and even permanent impairment.
The Law Offices of Jay S. Knispel Personal Injury Lawyers will fight for full compensation for injuries such as:
We will also build a case for your injuries that are not visible such as depression, PTSD, and anxiety which affect your quality of life.
Distractions while driving can take many forms. Anything that takes a driver’s attention away from the road is considered a distraction. According to a study based on data from the Fatality Analysis Reporting System, the following are the most common types of distraction in fatal crashes.
Other common distractions include reaching for an object in the car, eating or drinking, and adjusting vehicle settings.
There are many other surprising causes of distracted driving, too.
According to research, even the following can contribute to an accident:
Your personal injury lawyer in NYC will conduct a careful investigation into your accident to determine if the other driver was distracted and what they were doing at the time of your crash.
If you suspect the other driver involved in your accident was distracted at the time of the crash, your New York City accident attorney will investigate your case to gather evidence of negligence.
There are many ways to prove someone was using their cell phone or otherwise distracted at the time of the accident.
The best time to gather critical evidence is shortly after the accident. If you can, look for signs the driver was distracted, particularly if you noticed they were looking down at something before the crash.
Take a video or photo of any evidence you see at the scene if safe to do so.
Evidence proving negligence may also be gathered from:
At the Law Offices of Jay S. Knispel Personal Injury Lawyers we will leave no stone unturned in gathering the evidence necessary to show the other driver was negligent and distracted at the time of your accident.
You have a limited amount of time to file a personal injury lawsuit after a distracted driving crash in NYC. The New York statute of limitations for personal injury is three years. If your case is not filed before this deadline expires, you will be barred from recovering any damages.
If a loved one was killed in a distracted driving accident, you have just two years to file a wrongful death claim.
Distracted driving accidents in NYC are, sadly, all too common on our city’s congested roads. If you or someone you love has been hurt by a distracted driver, our New York distracted driving accident lawyers are here to help. We will go up against the insurance companies on your behalf to fight for the full compensation you deserve.
Call the Law Offices of Jay S. Knispel Personal Injury Lawyers today to schedule a free case review. We work on a contingency-fee-basis; you pay nothing unless we are successful in recovering compensation.
New York City Office
450 7th Ave Suite 1605
New York, NY 10123
(212) 564 2800
Brooklyn Office
26 Court St., Suite 2511
Brooklyn, NY 11242
(718) 802-1600
We are available to take your call 24/7