Every day on Long Island, drivers are behind the wheel with their eyes on a screen, their hands on a burger, or their minds somewhere else entirely. Distracted driving accidents take many forms, but the consequences are the same. If you were seriously hurt because another driver wasn’t paying attention, you have every right to pursue compensation. Understanding exactly what counts as distracted driving and what it means for your case is the first step.
What Is Distracted Driving?
Distracted driving refers to anything that pulls a driver’s focus away from the road. Distractions are classified by three types: visual, manual, and cognitive. This means a driver can be compromised, whether their eyes, their hands, or their minds are not focused on driving safely. Texting is especially dangerous because it combines all three at once.
Other common examples include:
- Talking on a phone
- Typing into a GPS
- Eating or drinking
- Applying makeup
- Changing music
Additionally, drowsy driving is a related but distinct form of impairment that can similarly support a negligence claim.
How Common Are Distracted Driving Accidents?
According to Traffic Safety Facts, distracted driving accidents killed 3,308 people and injured approximately 289,310 others in 2022, accounting for 8% of all traffic fatalities.
In a legal claim, these figures help illustrate just how widespread and dangerous distracted driving truly is.
Is a Distracted Driver Liable for Causing an Accident?
In most cases, yes. To succeed in a personal injury claim in New York, your attorney generally needs to establish four things:
- The driver had a legal duty to drive safely.
- The driver breached that duty (for example, by texting).
- The breach directly caused the crash.
- The crash resulted in documented physical harm.
New York is a comparative negligence state. That means you can still collect compensation even if you were partly at fault, but your award is reduced proportionally. The other driver’s distraction remains the central issue, and how thoroughly it’s documented often determines the outcome.
How Can I Prove Someone Was Distracted While Driving?
Evidence is at the heart of every distracted driving case, and time is a factor. If you are physically able, take photos and video of both vehicles, collect witness contact information, and note whether the other driver appeared to be holding a phone or seemed disoriented. Always file a police report and contact a personal injury attorney.
A personal injury attorney has tools that go beyond what you can gather on your own:
- Subpoena cell phone records to confirm the driver was on their phone.
- Obtain footage from nearby businesses, traffic cameras, or dashcams before it’s overwritten.
- Employ accident reconstruction experts to establish how the crash occurred.
- Obtain the driver’s history to identify prior violations.
The sooner an attorney gets involved, the better your chances of preserving the evidence you need to succeed.
What Damages Can I Recover After a Crash?
If a distracted driver caused your injuries, New York law allows you to pursue compensation in two main categories:
Economic damages: Cover documented financial losses, such as medical bills, lost income, and reduced future earning capacity
Non-economic damages: Account for the effects on your quality of life, including physical pain & suffering, and emotional distress
What Should I Do After a Distracted Driving Accident?
To protect your health and your legal options after a crash, these are the best steps to take:
- Get medical attention: Injuries like concussions and internal bleeding may not be immediately obvious, and early records tie your injuries to the crash.
- Preserve all documentation: Keep records, bills, and receipts, and write down your account while the details are fresh.
- Avoid speaking to the other driver’s insurance: Adjusters are trained to minimize payouts, and anything you say can be used against you.
- Contact a personal injury attorney: A lawyer can manage all communications, gather evidence, and give you an honest assessment of your claim’s value.
- Know your deadline: The statute of limitations for most personal injury claims in NY is three years from the date of the accident (or two years for wrongful death).
How Long Does a Distracted Driving Case Take?
The majority of distracted driving cases settle outside of a courtroom. However, if a fair resolution isn’t reached, the case will need to go to trial. Strong evidence and clearly established liability tend to shorten the process and strengthen your position at the negotiating table.
Hurt in a Distracted Driving Accident on Long Island? We Can Help.
The team at Matera & Manley, LLP, represents injury victims throughout Long Island. We dedicate ourselves to handling every aspect of the claims process at no cost to you unless we win. Contact us to schedule your free, confidential consultation today. The sooner you reach out, the sooner we can start building your case.
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