Were you seriously hurt in an accident involving a driver who was distracted? Distracted driving accidents have been on the rise with the increase of handheld devices and screens. You deserve justice for your damages.
Our Long Island injury lawyer would be happy to provide a free case evaluation. Give us a call today to get started.
What is Distracted Driving?
Distracted driving is defined by several factors. What it boils down to is a driver who is preoccupied with something other than the task at hand, driving safely.
Looking away from the road for any reason can be a distraction enough to cause an accident. Being overtired is also recognized as driving distracted. Then there are the more commonly known distracted drivers:
- Texting and driving
- Searching in the vehicle with their eyes off of the road
- Talking on the phone
- Changing music on the radio
The National Highway Traffic Safety Administration did a study that showed nearly 80% of crashes were due to the driver looking away from the road. They also showed in that study that someone who is drowsy driving is at an elevated risk of a crash.
If drivers who run into other people were doing any of the following, these can likely be considered distracted driving accidents:
- Took their eyes off of the road for two or more seconds
- Engaged in tasks other than driving before the accident
- Drove while drowsy
- Talked or texted on a cell phone
- Did their makeup
- Operated a GPS device
- Changed CDs, radio stations, or music on a handheld device
You deserve justice if someone’s distractions caused you to be severely injured. We are here to help you fight for your justice.
Is a Distracted Driver Liable for Causing an Accident?
Let’s say you were driving on the highway when someone in the lane next to you starts to merge into your lane. You don’t have time to react before they clip the front of your vehicle, sending you spinning.
You later find out that the driver who drove into your car was trying to type in an address into their phone’s GPS. You wonder if that person is going to be held accountable.
Distracted driving accidents most often are going to be at the fault of the driver who was distracted. You may share some fault if you were speeding, or you violated any other traffic laws. However, in most cases, the person who was on their phone would be liable for your damages and injuries.
How Can I Prove Someone Was Driving Distracted?
It is true that you and your lawyer are going to have the burden of proof. That is true of all distracted driving accidents. When you bring a claim against someone, you need to have proof that they are the ones who caused the accident.
If you are able to gather evidence on the scene, you can take photos, videos, contact info from witnesses, and the insurance info from the other driver.
Your lawyer also plays a huge role in collecting evidence. They can subpoena phone records to prove that this driver was distracted. They can pull CCTV footage to see if there is any clear evidence to help us understand who was at fault.
You can lean on your lawyer to help you with proving your case.
Call Our Long Island Car Accident Lawyer
If you have any questions about how distracted driving accidents are handled, please give our office a call. We would be happy to get you set up with a free consultation with our Long Island injury lawyer Michaelangelo Matera today.