What to Do If You’re Hurt in a Crash Caused by a Distracted Driver
Distracted driving is one of the leading causes of auto accidents in the United States, resulting in thousands of injuries and fatalities annually. According to the National Highway Traffic Safety Administration (NHTSA), 3,308 people were killed and an estimated 289,310 people were injured in crashes involving distracted drivers in 2022. In New York, and especially on Long Island, the risks of being hit by a distracted driver are compounded by high traffic density.
If you are injured in any auto accident, there are specific steps to follow to protect your rights and secure compensation. Under New York’s no-fault insurance system, your first course of action must be to file a claim against your Personal Injury Protection (PIP) insurance. PIP covers immediate medical expenses and lost wages up to a set limit, regardless of who caused the accident. However, it does not provide compensation for costs beyond the policy limit, nor for pain and suffering.
For serious injuries, such as fractures, disfigurement or other qualifying injuries, you can file a personal injury claim against the other driver. To succeed, you must prove that the other driver was at fault for the accident, such as by driving distracted. This requires gathering substantial evidence, which is where an experienced auto accident attorney can be invaluable.
Key types of evidence include:
- Police reports — The police officer responding to the accident will prepare an official report that contains essential details about the crash. The report includes observations from the scene, witness statements and whether any citations were issued. For example, the driver may have been ticketed for violating NY Vehicle & Traffic Law § 1225(c), which prohibits a driver from using a handheld mobile phone on a public highway while the vehicle is in motion. Such a violation can be considered negligence per se, which means can greatly help your case.
- Eyewitness testimony — Passengers, other drivers or pedestrians who observed the accident can provide statements about the allegedly distracted driver’s behavior.
- Accident reconstruction — In complex cases, accident reconstruction experts can analyze the scene to determine how the crash occurred and determine whether distraction played a role.
After a car accident, your first priority should be to seek medical attention and evaluation. When you’re able, notify your insurance company so that your claim for PIP benefits can begin. Next, consult with a qualified New York auto accident attorney who can analyze your case and your injuries and, if they are serious, can gather evidence needed to seek compensation for damages that PIP does not cover.
The lawyers at Jakubowski, Robertson, Maffei, Goldsmith & Tartaglia, LLP in St. James, New York have wide experience helping Long Island victims of auto accidents obtain the compensation they deserve. To arrange a free consultation, contact us online or call us at 631-360-0400.