How Distracted Driving Laws Impact Car Accident Claims in NYC
How Distracted Driving Laws Impact Car Accident Claims in NYC
Did you know that distracted driving is one of the leading causes of car crashes in NYC? According to the New York City Department of Health and Mental Hygiene’s Epi Data Brief No. 87 for 2015, 19 percent of NYC drivers 18 years and older texted or emailed while driving. Distracted driving has led to increasingly severe accidents and complex legal cases.
Living in a bustling city like New York means dealing with distracted drivers is an unfortunate reality. Between delivery vehicles rushing to meet deadlines, taxi drivers, or rideshare drivers checking their apps, and everyday commuters multitasking behind the wheel, the risks continue to grow.
This comprehensive guide examines how New York’s distracted driving laws influence accident claims, legal consequences, insurance coverage, and the compensation you may be entitled to receive.
How Compensation Works in NYC Car Accident Cases
New York uses a “no-fault” insurance system. This means your insurance provider will offer initial coverage for medical costs and lost pay regardless of who caused the accident. If distracted driving causes significant injuries, you may be eligible for further compensation.
What is compensation?
Compensation, also known as compensatory damages, is the money a victim receives after filing a car accident claim. Compensatory damages help injured victims recover losses after a car accident. These damages include both present losses and future costs associated with your injury.
Can anyone get compensation after a car accident?
Receiving compensation for accidents that happened because of distracted driving is not as easy as some may think. Key factors come into play.
Firstly, insurance companies must examine a variety of criteria when determining compensation, including:
- The severity of the injuries experienced
- The impact on your capacity to work
- The overall effect on your quality of life
The presence of distracted driving often strengthens claims for additional compensation.
What is negligence in a car accident claim?
With distracted driving cases, as with any other car accident case, you have to prove that the other driver was negligent.
An experienced lawyer can help you gather evidence to prove the distracted driver was doing things such as the following:
- Texting
- Eating
- Grooming
- Watching a video
How Distracted Driving Impacts Compensation
The link between driver conduct and settlements for damage is important in distracted driving cases. Insurance companies and courts view accidents caused by distracted driving as serious forms of negligence that could have been avoided. This often leads to higher compensation payments for injured victims.
Strong evidence can support a distracted driving injury claim and increase the chances of maximum compensation. Key types of evidence include:
- Cell phone records can prove the at-fault driver was texting or calling at the time of the crash
- Witness statements provide firsthand accounts of distracted driving behavior
- Medical records show the full extent of injuries and link them to the accident
- Injury documentation strengthens the argument for fair compensation
- Psychological impact and trauma can influence non-economic damage awards
When combined, this evidence builds a compelling case for holding distracted drivers accountable.
Types of Damages in NYC Car Accident Cases
Personal injury damages are the financial compensation awarded to injured car accident victims.
These damages are broken up into 3 categories:
- Economic damages
- Non-economic damages
- Punitive damages
Economic damages in a personal injury claim
Medical expenses form a significant portion of economic damages in distracted driving accident cases.
Medical costs may include:
- Emergency treatment
- Hospital stays
- Surgeries
- Rehabilitation services
- Ongoing care needs
Lost wages are another major component of economic damage. When serious injuries prevent you from working, you deserve compensation for lost income and benefits.
Loss of future earning capacity is another loss your accident attorney can help calculate. This is an important consideration, especially in cases involving permanent disabilities or limitations.
Property damage claims cover vehicle repairs or replacement and any personal property damaged in the crash. Additional economic damages may include transportation costs and home modifications.
Non-economic damages in a personal injury claim
Non-economic damages compensate for the physical pain and emotional toll of an injury. These losses, while not tied to specific financial costs, can significantly impact a victim’s quality of life.
Some examples of non-economic damages include:
- Pain and suffering
- Emotional distress
- Loss of enjoyment of life
- Psychological harm
- Personal testimonies and evaluations
While harder to quantify, non-economic damages are essential for securing fair compensation.
Distracted Driving Laws in New York City
New York City takes distracted driving seriously, with strict laws designed to protect everyone on the road. According to the New York State Governor’s Traffic Safety Committee, drivers are prohibited from using portable electronic devices behind the wheel. Violating this law can result in serious penalties.
Cell phone usage laws in NYC
Using a cell phone is one of the most common causes of a distracted driving accident. New York maintains strict laws regarding cell phone use while driving. Section 1225-C of the Vehicle & Traffic Law makes it illegal to use a mobile phone while driving a car unless you’re using a hands-free device.
Here’s a simple breakdown of what this means:
- You can’t hold your phone to your ear or make calls while driving, even if you’re stopped in traffic
- Holding the phone to your ear or dialing by pressing more than one button counts as using the phone
- Fines for breaking the law range in cost greatly for a first offense and repeat violations within a certain time period
- Commercial drivers are prohibited from using hand-held phones while on the road, even when stopped in traffic
There are a few exceptions to the law. You are allowed to use your phone in emergencies to contact police, fire, or medical services. Public safety officers, like police officers, can use their phones while on duty.
In-vehicle distractions
NYC traffic laws don’t just talk about cell phones – it covers any portable electronic device. Section 1225-d of the New York law discusses the restrictions on using portable electronic devices while driving.
Restricted devices include:
- Personal Digital Assistants (PDAs)
- Hand-held devices with mobile data access (like tablets)
- Laptops
- Pagers
- Broadband communication devices
- Two-way messaging devices
- Electronic games
- Portable computing devices
Basically, it refers to any device that you can use to send, receive, write, or read text for communication purposes – whether it’s a message, email, or other form of text.
Today’s vehicles come with advanced infotainment systems and displays that can easily take a driver’s attention off the road. Whether it’s programming navigation, changing the climate controls, or browsing music, these actions create dangerous distractions. To stay safe, drivers should set up everything before hitting the road and rely on voice commands whenever possible.
Other common distractions
Children and passengers can create significant distractions for drivers. Attempting to manage passenger behavior or retrieve dropped items while driving demonstrates poor judgment that endangers others. These distractions frequently contribute to serious motor vehicle accidents.
Eating and drinking can also lead to distracted driving accidents. Spills or dropped items can trigger sudden reactions that lead to crashes. Evidence of food containers or beverage spills often helps establish distracted driving as a cause.
New York’s Section 1227 bans drinking alcohol or using cannabis, as well as having open alcohol containers in vehicles on public roads. Drivers and passengers who break this rule can get a traffic ticket. However, passengers in certain vehicles with special permits are allowed to drink or have open containers.
Punitive Damages in New York City
Section 70-A of New York’s Civil Practice Law and Rules addresses the recovery of damages, like punitive damages. Punitive damages are a type of compensation awarded in addition to regular damages in a lawsuit. They are intended to punish a defendant for particularly harmful, reckless, or malicious conduct.
When Are Punitive Damages Available?
Punitive damages may be available in circumstances involving extremely excessive distracted driving behavior. These additional damages serve to punish, especially serious reckless driving conduct and deter similar reckless behavior by others.
An experienced car accident lawyer can help you gather evidence proving the following:
- The distracted driver’s willful negligence
- The driver’s conscious disregard for safety
- The driver’s history of dangerous behavior
Building a Strong Distracted Driving Case
After an accident, gathering evidence quickly and thoroughly is essential for building a strong case. Taking immediate action protects your legal rights and supports your claim.
It is important to do the following:
- Take photos of the accident scene, vehicle damage, and any visible injuries
- Collect witness contact information before memories fade
- Get a copy of the police report
- Work with a personal injury lawyer
Contacting an experienced car accident attorney early ensures that all necessary evidence is properly collected and preserved, helping you pursue the compensation you deserve.
Contact an NYC Car Accident Lawyer Today
Don’t let a distracted driving injury interrupt your life and cause serious injuries. The experienced personal injury attorneys here at Hill & Moin LLP are here to help accident victims understand the legal process and fight for the best possible outcome.
With years of experience backing us up, we have helped secure millions of dollars in compensation for injured New Yorkers. We focus on providing excellent service and strong legal representation to every client.
If you’ve been injured in a car accident, don’t hesitate to get help. Contact a New York City car accident lawyer at Hill & Moin for a free consultation. Our experienced personal injury attorneys will evaluate your personal injury case and explain how we can assist you. Let us put our Personal Injury Recovery Solutions® to work for you and fight for the compensation you deserve.
Don’t wonder about your rights!