Distracted Driving Car Accidents in Queens
When you are involved in a crash, the driver who hit you may have been answering a text or reaching for something inside the vehicle. That brief distraction may have caused injuries requiring emergency care, ongoing treatment, and time away from work. Distracted driving car accidents in Queens can be difficult to process because a lapse in attention only lasts a second, while recovery takes months.
Recovering from a serious collision is difficult enough, and the pressure may increase as medical bills rise, you lose income, and insurance adjusters begin asking questions. A car accident attorney from Goldstein & Bashner who understands the claims process could help you respond appropriately, protect your finances, and seek accountability from the responsible driver.
Common Forms of Distracted Driving
Distractions take many forms, and not all involve a cell phone. Any activity that pulls a driver’s eyes, hands, or attention away from the road increases the risk of a serious crash. Common distractions include:
- Texting or browsing on a phone
- Talking on a handheld device
- Eating or drinking while driving
- Turning to speak with passengers
- Reaching for objects in the vehicle
- Adjusting a navigation system or radio
Our attorneys investigate car crashes in Queens by gathering phone records, witness statements, and camera footage to help show that the other driver was distracted.
How Does the Law Handle Distracted Driving Crashes?
The state has enacted strict laws to curb distracted driving. Under New York Vehicle and Traffic Law § 1225-c, motorists may not use a handheld mobile phone while operating a vehicle. Separately, VTL § 1225-d prohibits drivers from using a portable electronic device to text, email, browse the internet, or play games while driving.
A violation of these statutes may serve as evidence of negligence in a civil claim. Under New York Civil Practice Law and Rules § 1411, the state applies a pure comparative negligence standard, meaning an injured person may still recover damages after sharing some fault, though the award decreases in proportion to their percentage of fault. When an insurer argues that a person injured in a distracted driving accident in Queens shares fault, our lawyers could challenge that allegation.
Compensation and Deadlines in a Distracted Driving Claim
Victims of distracted driving crashes often face lasting consequences, from broken bones to traumatic brain injuries that require years of care. A successful claim may provide compensation for medical expenses, lost wages, and pain and suffering. When a driver’s conduct was especially reckless, the recovery may also include additional damages intended to punish that behavior.
Time limits apply to these cases. Under NY CPLR § 214, most injury victims have three years from the date of the crash to file a lawsuit. Waiting too long can permanently bar a claim, and evidence such as phone records or surveillance video may disappear within days. For decades, the partners at Goldstein & Bashner, Neal A. Goldstein and Robert Bashner, have helped injured people preserve evidence and pursue compensation after car wrecks caused by distracted drivers in Queens.
Call About Car Accidents Caused by Distracted Driving in Queens
Distracted driving car accidents in Queens can cause lasting physical, emotional, and financial harm, and legal guidance could help you navigate the recovery process. Contacting us promptly may allow us to begin preserving evidence that supports your claim. Contact Goldstein & Bashner today for a free consultation to discuss your options for pursuing compensation.
