All responsible drivers understand that staying attentive is one of the most important aspects of safe driving. One of the first things we learn in drivers’ education is to keep both eyes on the road and both hands on the wheel at all times. But unfortunately, not all motorists follow these simple safety rules.
These days, it’s easy to get distracted by the buzzing of a text message, a phone call, or an app notification on your smartphone. While public service campaigns have made the dangers of texting and driving well-known, smartphone use only represents a fraction of the dangerous distractions that can cause a serious car accident. Any activity that takes your eyes away from the road in front of you or one of your hands off of the wheel qualifies as a distraction, and even a distraction of a few short seconds can lead to an accident.
When a responsible driver gets injured in an accident caused by a distracted driver, it’s important to make sure the victim gets the financial support they need. Our New York City personal injury lawyers are proud to help the people who have been injured by negligent drivers secure the maximum financial compensation they’re entitled to.
Examples Of Distracted Driving
Every time we’re on the road, there are numerous potential distractions which could impair our ability to drive safely. Some examples of these distractions include:
- Any cell phone use (including text messaging, phone calls, using apps, etc.)
- Fiddling with a GPS system
- Using a car radio or stereo
- Turning around to talk to passengers
- Eating and drinking
- Grooming (i.e. brushing hair, putting on makeup, etc.)
After an auto accident, it may not be immediately clear if a distraction played a role in causing the collision. However, our New York City car accident lawyers can investigate the details of your accident and other evidence (like cell phone records) to determine how the accident occurred, even when the other driver doesn’t admit to being distracted.
New York’s No-Fault Insurance Law
New York is a no-fault insurance state, which means that all parties involved in a car accident are entitled to financial compensation for medical expenses, lost wages, and property damage related to the accident – regardless of who caused the accident. While insurance payouts may cover all expenses for minor to moderate injuries, more serious injuries usually require compensation in excess of the $50,000 insurance limit.
The Serious Injury Threshold For Personal Injury Lawsuits
In order to file a personal injury lawsuit after a car accident in New York, you must meet the serious injury threshold. Under state law, any of the following circumstances qualifies as a serious injury:
- Broken bones
- Significant disfigurement
- Permanent loss of use of a body part
- Permanent significant limitation of a body organ or member
- The loss of an unborn child
- Any injury or impairment which prevents the injured person from performing their usual daily activities for at least 90 days
Sometimes, it may not be obvious if you meet the serious injury threshold. You can better understand your eligibility for a personal injury lawsuit by speaking with an experienced personal injury lawyer in a free consultation today.
Types Of Compensation In A Car Accident Lawsuit
Suffering a serious injury in a car accident can cause serious difficulties – both personal and financial. Sometimes these injuries can be permanent, resulting in disabilities or chronic pain. When an injury is severe enough to meet the serious injury threshold, the injury victim may be eligible to recover financial compensation for the following damages:
- Medical expenses in excess of $50,000
- Lost wages and loss of earning potential
- Loss of quality of life
- Pain and suffering
- Wrongful death damages for families of fatal accident victims
Every car accident has unique circumstances. The amount of financial compensation you qualify for will be based on both economic and noneconomic losses related to your accident. To find out more about how you can get the maximum financial compensation you deserve as the victim of a distracted driver, get in touch with our NYC personal injury lawyers today for a free consultation.