If you or a loved one is injured in a car accident caused by a distracted driver, you may be able to recover compensation for damages that exceed New York’s No-Fault Insurance Law limits, according to New York State’s Department of Financial Services.
A New York distracted driving accident lawyer with Ben Crump Law, PLLC, has a deep understanding of the state’s insurance, liability, and negligence laws. This may help you to recover damages for pain and suffering, catastrophic injuries, and property damage.
You have a limited time for legal action, so please contact our firm today at (844) 730-0233 today. A member of our team is happy to speak with you in a free, no-obligation consultation.
Distracted Driving Accident Lawyers Can Help Victims
When you think about distracted driving, you may immediately assume it involves cellphone use or texting. While texting and driving cause distracted driving accidents, our legal team handles cases that involve other types of distracted driving, including:
- Making a phone call
- Using a Global Positioning System (GPS)
- Applying makeup
- Playing loud music
- Eating or drinking
- Smoking or vaping
- Reaching for something in the vehicle
- Turning around to speak with a back-seat passenger
Someone involved in an accident is legally required to file a police report. We can see if the responding officer noted who he or she thought was at fault in the crash when looking at the report.
When you think about distracted driving, you may immediately assume it involves cellphone use or texting, which is illegal in the state according to the New York State Police.
For a free legal consultation with a distracted driving accidents lawyer serving New York, call (844) 730-0233
What We Do After a Distracted Driving Accident
It is not fair to you and your family to shoulder the financial burden for an accident caused by a distracted driver. A New York distracted driving accident lawyer can take an objective evaluation of your injuries to valuate your damages. Our firm works on your behalf so that you may take care of yourself and your loved ones.
A lawyer working on your behalf can:
- Obtain cellphone records, on-board GPS data, and other information
- Secure statements from police, witnesses, and your medical provider.
- Review relevant statutes
- Acquire photos and/or videos of the accident itself, the accident scene, and available evidence
- Communicate and negotiate for an acceptable settlement
We can also take your case to court if we cannot reach a reasonable settlement. Please contact Ben Crump Law, PLLC, today to learn more.
What to Do After an Accident
We know your whole world may be upside down with the physical, emotional, and economic impact of the accident. We offer these suggestions to ease some of the pressures you may be feeling:
- Listen and follow your doctor or health care provider’s instructions. If you do not follow a medical professional’s instructions after your accident, this can impact your case.
- Keep all your receipts and expenses as proof of your financial loss. A lawyer can use these to figure out how much you may fight for in a claim or lawsuit.
- Jot down what you remember just before, during, and after the accident.
- Call Ben Crump Law, PLLC, for a free consultation if you want legal counsel.
Our lawyers work for you on a contingency basis. You pay nothing up front, and we are paid only when we recover damages for you.
New York Distracted Driving Accident Lawyer Near Me (844) 730-0233
How You Could Recover Damages
New York State requires all drivers to carry personal injury protection (PIP), liability, and uninsured motorist insurance. The first $50,000 in medical expenses, lost pay, and certain other costs will be paid from your insurance, regardless of who caused the accident.
A New York distracted driving accident lawyer may be able to help you pursue additional damages for expenses not covered by PIP, such as emotional trauma and pain and suffering. You may also be awarded compensation if your injuries reach the threshold of serious injury as determined by state statute.
Compensation for “Serious Injury”
Depending on your injuries, you could quickly exhaust your PIP coverage for physical injuries.
A lawyer with Ben Crump Law, PLLC, might be able to recover additional compensation if your injuries are considered “serious” by NY ISC § 5102 of the New York State Insurance Laws. The injuries listed under this statute include:
- Loss of life
- Loss of a fetus
- Fracture
- Significant disfigurement
- Loss or limited use of a bodily organ or function
- Dismemberment
- A diagnosed injury or impairment that prevents you from working or customary daily activities
Our firm can help you recover compensation according to your injuries, damages, and prognosis.
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Types of Recoverable Damages
Our firm has recovered more than $30 million in damages from settlements and verdicts. While past results do not guarantee future outcomes, we will do all we can to help you recover compensation for such losses as:
- Medical care and treatment, both current and future
- Property damage, including temporary transportation
- Mileage from your home to medical appointments, the pharmacy, and other relevant places
- Pain and suffering
- Diminished quality of life
- Disability
- Disfigurement
- Loss of consortium, companionship, support, or guidance
- Wrongful death
Distracted driving accidents may result in significant physical and emotional suffering. An attorney with Ben Crump Law, PLLC, has the resources to hold the liable party accountable.
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Statute of Limitations on Personal Injury Lawsuits
You have a limited time to take legal action. NY CVP § 214 statute of limitation states that you have three years from the date you were injured to file a personal injury lawsuit. A lawyer with Ben Crump Law, PLLC, will explain your legal options so that you may fully exercise your rights.
You Could Be Entitled to Damages
If you or a family member is hurt in a distracted driving accident, you could be entitled to damages for pain and suffering and other losses. A New York distracted driving accident lawyer can protect your rights and pursue compensation on your behalf.
Call Ben Crump Law, PLLC, today at (844) 730-0233 for a free consultation with a member of our team.
Call or text (844) 730-0233 or complete a Free Case Evaluation form