After a crash, you may remember seeing the other driver looking down at a phone or turning away from the road. You may also have no idea what happened before the impact. Either way, you deserve help understanding your options while you deal with injuries, medical bills, and missed work.
A Queens distracted driving accident lawyer at The Rothenberg Law Firm can investigate the collision, identify available insurance coverage from the at-fault driver, and pursue compensation for the harm you suffered. You do not need to collect every record or prove what the driver was doing before contacting us.
Legal Help Focused on Your Recovery
The Rothenberg Law Firm brings more than 55 years of personal injury experience to representing people hurt through negligence. We invest time and resources in understanding how an accident happened and how the injuries affect the person living with them.
For a distracted driving claim, that work can include preserving evidence, investigating the driver's conduct, documenting losses, and preparing the case for trial when necessary. We also explain the process so you understand what is happening and what decisions need your attention.
You can learn more about The Rothenberg Law Firm and our commitment to injured clients. We offer free case evaluations and handle personal injury cases on a contingency-fee basis. There is no attorney's fee unless we recover compensation for you. We explain the fee agreement and treatment of case expenses before representation begins.
What Distracted Driving Can Look Like
Distraction includes more than texting. New York's Governor's Traffic Safety Committee describes activities that take a driver's eyes, hands, or attention away from driving. Examples include reading messages, adjusting navigation, eating, or becoming absorbed in a conversation.
A driver checking an address may miss traffic stopping ahead. Someone reaching for an object may drift into another lane. A driver focused on a screen may turn without noticing a person crossing the street. The investigation looks at the conduct that contributed to the collision and the injuries it caused.
Texting and Handheld Phone Use
New York restricts handheld phone and portable electronic device use while driving. The New York DMV's phone and texting guidance identifies prohibited activities including handheld calls, reading or sending messages, viewing images, and playing games.
These rules help inform an investigation into a suspected phone-related crash. Your legal claim also addresses the consequences for you, including the treatment, financial losses, and lasting limitations that followed the collision.
How We Investigate a Distracted Driving Accident
An investigation brings together information from different sources. We look at the events leading up to the crash, the driver's actions, and the physical evidence. Early work can help preserve records and recordings while they are still available.
Witnesses and Video of the Collision
Passengers, nearby drivers, pedestrians, or people at surrounding businesses may have seen something useful. We can seek their accounts and investigate whether dashcam or surveillance footage captured the vehicle's movements or the impact.
Tell us about any cameras you noticed and any witnesses whose contact details you have. You do not have to return to the crash location while injured or obtain footage yourself. Identifying a possible source gives us a place to begin.
Phone Records and Other Electronic Information
Relevant cell phone records, vehicle data, or business records may help establish a timeline. Where appropriate, we can seek preservation of that information and pursue records through the legal process. A collision involving a delivery or other work vehicle may also call for review of relevant dispatch or trip records.
The records sought depend on the circumstances. We evaluate them alongside witness statements, photographs, crash reports, and other evidence to develop a supported account of what happened.
The Physical Evidence and Your Injuries
Photographs, vehicle damage, road layout, and documented vehicle movements can help explain the collision. When a case calls for it, accident reconstruction analysis can help clarify how those pieces fit together.
Medical records and information from treating providers document the injuries and care you need, ranging from broken bones to traumatic brain injuries. We connect that information with the effects on your work and everyday life. Our guide to evidence that may help a car accident case explains useful records to preserve.
Identifying the People and Coverage Involved
We investigate the distracted driver and any other person or business whose legal responsibility should be examined. Vehicle ownership and whether the driver was working at the time can affect that review.
New York law may hold a vehicle owner responsible for a permissive driver's negligence under Vehicle and Traffic Law Section 388. A crash involving a company vehicle, delivery driver, or rideshare trip may require additional investigation into the work arrangement and applicable insurance.
You do not need to identify every potential claim yourself. Our role is to examine the relationships, available records, and coverage so the case reflects the circumstances of your accident.
Compensation Should Reflect the Injury's Full Impact
The financial consequences of a crash may continue well beyond the emergency room visit. Treatment can interfere with your work schedule, and a lasting injury may change the tasks you can perform or the assistance you need at home.
Depending on the facts and applicable law, compensation may address property damage and:
- Medical treatment, rehabilitation, medication, and anticipated future care.
- Lost earnings, lost wages, and a reduced ability to earn income in the future.
- Necessary assistance with activities affected by the injury.
- Physical pain, emotional suffering, and loss of enjoyment of life.
We review these losses individually. For someone paid by the hour, that may involve missed shifts and reduced hours. For a self-employed person, it may require business records showing the effect on earnings. When ongoing care is expected, medical information helps explain those future needs.
For claims arising from motor vehicle accidents covered under New York law, a claim for pain and suffering involves the state's serious injury requirements and rules of comparative negligence. We review the medical evidence and applicable rules with you. There is no standard case value based simply on the fact that the other driver was distracted.
Getting Help With Medical Bills and Insurance
New York no-fault insurance, also called personal injury protection, may cover eligible medical expenses and part of lost earnings after a crash. These benefits can provide support while a separate injury claim is investigated. The New York Department of Financial Services explains the benefits available through this coverage.
The insurer to contact depends on your circumstances, including whether you were driving, riding as a passenger, or struck while walking. We can help identify the applicable coverage and explain the paperwork and deadlines involved.
Written notice of a no-fault claim is generally due within 30 days of the accident. The state's no-fault claim guidance explains that requirement and permitted exceptions. Contact us promptly so insurance matters can be addressed while you focus on treatment.
Our Queens car accident lawyers can also review other potentially available coverage when your injuries require compensation beyond immediate benefits.
Practical Steps After the Crash
Prioritize your safety and medical care. Call 911 for an emergency, and obtain medical evaluation for your injuries. Tell your treating provider about the collision and the symptoms you are experiencing.
Keep the information you already have. Save the crash report or police report number, driver and insurance details, witness contacts, photographs, and any original dashcam recording. If you were taken from the scene for treatment, we can help investigate sources of information afterward.
Organize bills and work records. Keep treatment paperwork, receipts, pay records, and correspondence together. These materials can help explain the financial impact without leaving you to reconstruct it months later.
Ask for help with insurance communications. Share letters, claim numbers, and pending requests with your lawyer. We can explain what needs attention and communicate with insurers and insurance companies on your behalf once retained.
Get a legal review before accepting a settlement. You should understand how a proposed resolution addresses your current losses and reasonably anticipated needs. We can discuss those questions with you in plain language.
What Happens When You Contact Our Firm
Your case evaluation begins with what happened and how you are doing. We discuss the crash, the injuries, treatment to date, and any insurance communications you have received. You can also ask about legal fees, the investigation, and the next steps.
If we take your case, we gather the information needed to investigate responsibility and document your losses. As the case develops, we evaluate settlement opportunities and explain the decisions that require your input. When litigation is necessary, we prepare the evidence and pursue the claim through the court process.
Our overview of the firm's case process explains how a personal injury claim can move forward. The timing depends on the investigation, medical information, negotiations, and any court proceedings. We explain each stage and discuss how developments affect the decisions you need to make.
When to Speak With a Distracted Driving Accident Attorney
An early conversation gives your attorney an opportunity to investigate available evidence and address insurance requirements. You can seek help while you are still receiving treatment; you do not need to wait until recovery is complete.
New York generally provides a three-year statute of limitations for personal injury lawsuits under CPLR Section 214. Different claims and circumstances can involve different deadlines, and insurance requirements can arise much sooner. We review the relevant dates for your situation.
If time has already passed, contact us for an individual assessment. You do not have to determine the applicable deadline on your own.
Contact a Queens Distracted Driving Accident Lawyer
The Rothenberg Law Firm can help you understand what comes next after a distracted driving crash. We investigate the accident, document the impact of your injuries, and pursue available compensation with attention to your recovery and your family's needs.
Queens Distracted Driving Accident Frequently Asked Questions
What if I did not see the driver using a phone?
You can still ask us to review the crash. Witnesses, recordings, electronic records, and physical evidence may help explain what happened. You do not need firsthand knowledge of the driver's phone use to request a case evaluation.
Can a passenger bring a distracted driving injury claim?
An injured passenger may have claims involving a negligent driver and applicable insurance coverage. We can review the circumstances, explain potential no-fault benefits, and investigate who was responsible for the collision.
Can distraction involve a hands-free device?
Yes. Distraction can involve attention diverted from driving, even when the driver's hands are not holding a phone. We investigate the driver's conduct and how it contributed to the crash, including any relevant device use.
Can you help if a delivery driver caused the crash?
Yes. We can investigate the driver's actions, the vehicle's ownership, the work arrangement, and potentially applicable insurance. Relevant trip or dispatch records may also help explain the circumstances of the collision.
How much does a case evaluation cost?
The case evaluation is free. The Rothenberg Law Firm handles personal injury cases on a contingency-fee basis, with no attorney's fee unless we recover compensation for you. We explain fees and case expenses before you decide whether to retain the firm.