Suffolk County Distracted Driving Accident Lawyer
Unfortunately, a leading cause of accidents in Suffolk County is distracted driving. The safe operation of a motor vehicle requires a driver’s full attention. Traffic regulations such as speed limits and red lights cannot prevent accidents if a driver is not keeping their eyes on the road.
Distracted driving can take on many forms. Drivers could get distracted by their cell phones, the passengers in their cars, or by looking at other accidents. Regardless of the source of the distraction, a resulting crash could inflict severe injuries on those involved.
A Suffolk County distracted driving accident lawyer could help hold negligent drivers responsible for their actions. An experienced attorney could assist with investigating the cause of the crash and demonstrating that a defendant’s distraction was the source of the collision.
Determining Fault in Distracted Driving Cases
The goal of the plaintiff in a car crash claim is to prove that the defendant was at-fault for the collision. However, it could also be necessary to defend one’s actions leading up to the crash. Courts in Suffolk County could determine fault based on a concept called pure comparative fault. According to New York Civil Practice Law and Rules §1411, a court must reduce the award at trial by the percentage of blame that a jury attributes to a plaintiff. As a result, plaintiffs need to establish that the defendant was the sole party responsible for the crash.
A Suffolk County distracted driving attorney could help to prove the fault was solely on the defendant. They can work to gather evidence concerning the incident that points to distracted defendant driving. This could include retrieving cell phone records, traffic camera footage, and third-party witness statements. Armed with this knowledge, an attorney could approach settlement talks and trials from a position of strength.
What Forms of Compensation Could an Injured Plaintiff Pursue?
The goal of personal injury claims that arise out of a distracted driving accident is for a plaintiff to recover compensation to make up for their losses and to cover the cost of medical care.
Distracted driving car accidents could lead to a variety of injuries that range from cuts and scrapes to broken bones to permanent disabilities. A defendant who is at-fault for a collision could be liable to provide payments for all necessary medical treatment. Many accidents also inflict severe emotional trauma in the form of pain and suffering and lost quality of life. While difficult to measure, these factors should be considered in the value of a claim.
Plaintiffs should also consider how an accident has affected their ability to earn a living. If they miss time at work to seek care, a defendant is liable to provide reimbursement for all lost wages. This same concept applies to claims where the plaintiff suffers a permanent injury. A Suffolk County distracted driving accident attorney could help measure a person’s losses and demand full payment from negligent defendants.
A Suffolk County Distracted Driving Attorney Could Help You Seek Recovery
Distracted driving is a common cause of car accidents in Suffolk County. Even if a defendant driver is not disobeying another rule of the road, they are still a risk to other travelers. As a result, a defendant who uses a cell phone, changes a radio station, or eats while behind the wheel could be liable for your losses following a collision.
A Suffolk County distracted driving lawyer is prepared to take the lead in your claim. They could work to build a compelling case against a distracted defendant and their insurance company. A successful claim could recover appropriate compensation for medical bills, lost wages, and emotional traumas without ever needing to go to court. Call today to discuss your claim.