At The Ward Law Group, our dedication to the tranquility and peace of our community is unwavering. We are steadfast in our commitment to safeguarding the rights of the Hispanic-American community and all accident victims.
In our pursuit of justice and safety on the roads, we confront the pressing issue of distracted driving, a perilous behavior that threatens the safety of all road users.
Driving while distracted, whether by texting, using a mobile phone, or engaging in other distractions, based on a last study from The National Highway Traffic Safety Administration, is a menace that must be addressed with utmost urgency. We must raise awareness and foster a culture of responsible driving, choosing positive behaviors over reckless actions that endanger lives.
Distracted driving not only jeopardizes individual safety but also undermines the well-being of our entire community.
The Ward Law Group aims to combat distracted driving and promote a safer environment for all motorists, pedestrians, and cyclists in Nassau County and beyond through advocacy, education, and legal advocacy.
Contact one of our distracted driving accident lawyers and learn more about your case now!
How The Ward Law Group Can Assist You After a Distracted Driving Accident in Nassau County?
Distracted driving poses a risk to everyone on the road. Drivers should be fully attentive to the roads when operating a vehicle, but unfortunately, this isn't always the case.
If you've been injured, our seasoned car accident lawyers in Nassau County can help you hold the distracted driver accountable for your damages.
However, the insurance company may not readily accept that distracted driving caused your accident. The driver might even deny responsibility.
Fortunately, our attorneys at The Ward Law Group have over 30 years of experience. Our trial lawyers are well-versed in cases like yours and know how to secure favorable outcomes.
Here's how we can support you:
- Investigate to establish the cause of your crash.
- Collaborate with experts and specialists to provide expert guidance.
- Defend your rights if the insurance company tries to shift blame onto you.
- Negotiate to ensure you receive the maximum insurance settlement.
If you're struggling to have the insurance company take your claim seriously in Nassau County, contact our car accident attorneys in New York for a free consultation today.
Determining the Value of Your Distracted Driving Accident Case in Nassau County
Assessing the worth of your injury case can be challenging, yet it's crucial to understand its value before considering a settlement offer.
Firstly, we'll meticulously tally up all your past and present expenses. Additionally, we'll collaborate with your medical professionals and experts to project the cost and duration of your future medical care.
Other relevant factors might include:
- Emotional distress you've endured
- Potential for permanent disability
- Impact on your daily life
- Clarity of liability
- Any issues regarding shared fault
Valuation is intricate. You needn't rely solely on the insurance company's assessment of your case's value. For insights into how an attorney can assist, contact us for a complimentary case evaluation to establish an attorney-client relationship.
Types of Damages Available to Distracted Driving Accident Victims in New York
At The Ward Law Group, our legal team will meticulously identify and assess all the damages you're entitled to. New York's personal injury laws categorize compensatory damages as economic or non-economic.
Economic damages cover out-of-pocket expenses such as:
- Past and future medical bills
- Lost wages
- Diminished earning capacity
- Physical therapy
- Rehabilitation
- Property damage
- Non-economic damages compensate victims for intangible losses, including:
- Pain and suffering
- Emotional anguish
- Reduced quality of life
- Disfigurement
- Scarring
- Anxiety, depression, PTSD
- Loss of consortium
Once we've delineated all your damages, we'll work diligently to assign appropriate monetary value to these losses.
Every year, countless individuals suffer severe injuries in distracted driving accidents in New York. At The Ward Law Group, our team of Nassau County distracted driving accident attorneys is committed to advocating for your rights.
We frequently represent clients who have endured:
- Whiplash injuries
- Concussions
- Fractured bones
- Injuries from airbag deployment
- Traumatic brain injuries
- Seatbelt-related injuries
- Spinal cord trauma
- Head and neck injuries
- Back injuries
- Internal organ damage
- Burns
- Chest injuries
- Loss of limbs and amputations
- Paralysis
- Catastrophic injuries
- Wrongful death of a loved one
Additionally, we offer legal representation for various types of car accidents, including:
- Accidents caused by defective tires
- Cases involving drunk driving
- Head-on collisions
- Highway accidents
- Hit-and-run incidents
- Intersection collisions
- Accidents due to unsafe lane changes
- Left-turn accidents
- Multi-vehicle collisions
- Parking lot accidents
- Rear-end collisions
- Car Crashes
- Accidents caused by disregarding red or yellow lights
- Rollover accidents
- Incidents involving self-driving vehicles
- Single-vehicle crashes
- Speeding-related accidents
- SUV rollovers
- U-turn collisions
- Claims involving uninsured motorists
All motorists have a responsibility to prioritize safety on the roads, which includes remaining focused while driving. If you or a loved one has been injured by a distracted driver, contact us today to explore your entitlement to compensation.
Understanding Distracted Driving
In Nassau County, New York, regulations address distracted driving. Texting while driving is prohibited by law. This means law enforcement officers can stop and cite drivers for texting while operating a vehicle, considering it a primary offense.
However, despite these regulations, distracted driving remains a significant concern in Nassau County. Distractions typically fall into three main categories:
- Visual distraction occurs when the driver diverts their gaze, keeping his eyes off the road.
- Manual distraction happens when the driver removes their hands from the steering wheel. For example, if the driver texts a message without being focused on the road.
- Cognitive distraction occurs when the driver's focus shifts away from the task of driving. A hands-free device can help avoid this situation.
Any form of distraction can lead to accidents. Common New York distracted driving accidents include:
- Use of smartphones and other electronic devices
- Checking GPS navigation systems
- Answering phone calls while driving
- Engaging in grooming or changing clothes
- Attending to a child's needs
- Holding conversations with passengers
- Reaching for objects within the vehicle
- Eating or drinking
- Adjusting the radio
- Daydreaming
- Preoccupation with work or other concerns
Effective accident prevention hinges on a driver's ability to react promptly to potential dangers. However, distractions impede this reaction time, often resulting in accidents that could have been avoided.
In cases where road defects or hazardous conditions cause distractions, the driver may not bear full responsibility for the accident.
How to Establish Negligence Following a Distracted Driving ACCIDENT
Every individual operating a vehicle in Nassau County, New York, is bound by a legal obligation to ensure the safety of others on the road. Drivers are expected to exercise reasonable care while driving to minimize the likelihood of accidents.
If a driver becomes distracted and causes an accident, they can be held financially accountable for their negligence. To establish negligence in such cases, the victim of the accident must demonstrate the following:
Existence of a legal duty of care owed by the driver
- The driver's distraction constituted a breach of that duty of care
- The breach, or distractions, directly led to the accident
- The victim suffered injuries or other damages as a result of the accident
Although you may suspect that the distracted behavior of the at-fault driver caused the accident, proving it can be challenging. Typically, negligent drivers are hesitant to admit fault willingly.
Our legal team at The Ward Law Group understands the intricacies of building a strong case. We undertake a comprehensive approach to gather and evaluate all pertinent evidence, which may include:
- Examination of police reports and accident documentation
- Review of surveillance footage from nearby cameras
- Collection of eyewitness testimonies
- Analysis of cell phone records
- Assessment of evidence obtained from the accident scene
In certain instances, we may enlist the expertise of accident reconstruction specialists to provide insights into your case's more complex aspects.
How Long Do I Have to Initiate Legal Action After a Distracted Driving Accident in New York?
In New York, the statute of limitations dictates the timeframe for a lawsuit following a distracted driving accident. According to New York Civil Practice Law and Rules (CPLR) § 214, the statute of limitations for personal injury claims, including those arising from car accidents, is typically three years.
Previously, Florida law allowed victims four years to pursue legal recourse. However, effective March 24, 2023, the statute of limitations was reduced to two years.
Therefore, you must adhere to the two-year deadline if your distracted driving accident in Nassau County occurred after March 24, 2023.
It's important to note that wrongful death claims resulting from distracted driving accidents are also subject to the same two-year statute of limitations under New York law.
Given the strict time constraints, taking prompt action and consulting with a qualified attorney is crucial to ensure your legal rights are protected within the prescribed timeframe. Our law firm is very experienced regarding deadlines, which increases your probability of success during the whole claim process.
New York State prohibits using handheld electronic devices and texting while driving.
Violating this law carries penalties ranging from $50 to $200 for a first offense.
Subsequent offenses within 18 months may incur fines of up to $250 or $450. For probationary and junior drivers, a first offense can result in a 120-day suspension of their driver's license or learner's permit. In contrast, a second offense within six months of the first citation may lead to a one-year revocation.
Evidence Collection
Demonstrating that a driver was distracted during an accident doesn't necessarily establish fault, but it can significantly bolster your case against them. Evidence of distraction helps illustrate the driver's negligent or reckless behavior during the incident, particularly if they were using a handheld device, indicating a violation of the law.
Our seasoned attorneys possess the expertise to gather compelling evidence of distraction. This includes obtaining the other driver's smartphone records to scrutinize their activity before and during the accident.
We diligently searched for any available video footage captured by nearby surveillance cameras and conducted thorough interviews with potential witnesses.
Texting and Driving: A Triple Menace
One of the most prevalent and perilous forms of distracted driving is texting while driving. This behavior encapsulates all three categories of distractions simultaneously, rendering it a triple menace on the roads of Nassau County.
- Engaging in reading or typing texts draws the driver's gaze away from the road, heightening the risk of collisions, particularly in Nassau County's bustling intersections.
- Manipulating a mobile device requires removing the driver's hands from the steering wheel, impairing their ability to respond promptly to sudden traffic changes.
- The mental focus demanded by texting diverts the driver's attention from the driving task, resulting in delayed reactions and an increased likelihood of accidents, especially in Nassau County's high-traffic zones.
Parking Lots and Shopping Centers: Hotspots for Distracted Driving Hazards
Throughout Nassau County, parking lots and shopping centers are ubiquitous. However, these areas present unique challenges.
The confined spaces, abundant pedestrians, and continuous traffic flow make them susceptible to accidents, particularly when drivers are not fully attentive.
- Visual Distractions Abound: The multitude of storefronts, signage, and pedestrians demands the driver's attention. Coupled with the temptation of checking a mobile device, the risk of collisions escalates in these bustling environments.
- Manual Distractions in Tight Quarters: Navigating through narrow parking spaces and congested aisles demands precise handling. Any manual distractions, such as texting or adjusting in-car systems, can result in unintended collisions and minor accidents.
- Cognitive Overload During Errands: Drivers entering or exiting shopping centers often juggle mental checklists of errands. Cognitive distractions, like mentally composing a shopping list or planning subsequent stops, contribute to an environment ripe for accidents.
Steps to Take After an Accident with a Distracted Driver
Enduring a distracted driving accident can be traumatic. The Ward Law Group is here to assist you in navigating the necessary steps to safeguard your rights and pursue equitable compensation:
- Document the Scene: If circumstances permit, collect information about the accident. Capture photographs of the scene, including vehicle damage, road conditions, and pertinent traffic signs.
- Exchange Information: Obtain the contact and insurance details of the distracted driver and any witnesses. This information is pivotal for constructing a robust case in Nassau County.
- Avoid Speaking to Insurance Companies: Refrain from making statements that could be construed as admitting fault. Allow law enforcement and legal experts to assess the situation.
If approached by the distracted driver's insurance company, refrain from disclosing any accident details, as they may attempt to use them against you.
Contact a Distracted Driving Accident Attorney for Help
Contact a Personal Injury Lawyer from The Ward Law Group at 855-DOLOR-55. Reach out to us without delay. Our seasoned attorneys specialize in distracted driving accidents in Nassau County and are committed to tirelessly advocating for the compensation you rightfully deserve.