Queens Distracted Driving Lawyer

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Did a distracted driver hit you in Queens, New York? If so, you could be entitled to compensation through an accident injury claim. The team with Finz & Finz, P.C. understands the challenges you’re facing and wants to help you pursue the money you deserve. Contact us today for a free initial consultation to discuss your case with a Queens car accident attorney.

What Actions Are Legally Considered Distracted Driving?

New York’s distracted driving laws aim to reduce accidents and enhance road safety by prohibiting the following dangerous driving behaviors:

  • Browsing the Internet: Accessing web pages on a portable electronic device while driving
  • Playing Games: Engaging in games on any electronic device while driving
  • Taking Photos or Videos: Using an electronic device to take photos or videos while driving
  • Texting and Emailing: Sending, reading, or composing texts, emails, or instant messages from any portable electronic device
  • Using a Handheld Mobile Phone to Talk or Listen: Holding and using a mobile phone for voice calls while the vehicle is moving
  • Viewing Images: Looking at photos or videos on a mobile device while operating a vehicle

Additionally, state law also specifies that police will presume drivers holding electronic devices “conspicuously” while driving are using them unlawfully.

New York State Distracted Driving Laws

A driver who violates New York law by using a cell phone or other electronic device while driving faces significant fines and penalties. Fines range from $50 to $200 for a first offense. If a driver commits a second offense within 18 months, the fine increases to between $50 and $250. A third or subsequent offense within the same timeframe can result in a $50 to $450 fine. Each offense also adds five points to the driver’s DMV record. Additionally, drivers are often financially responsible for accidents they cause because of their distraction.

How Can a Distracted Driving Attorney in Queens Prove the Other Driver Was Distracted

Car accident attorneys prove driver distraction by reviewing evidence like:

  • Cell phone records, could show that the driver was texting or calling at the time of the wreck
  • Physical evidence like skidmarks, could suggest that the driver did not apply the brakes when they should have
  • Surveillance videos from nearby cameras or dashcam footage, might have captured the driver engaging in distracted behavior
  • Witness testimony, which could provide further insights into the driver’s actions before the crash

Damages You Can Recover After a Distracted Driving Accident

Your first source of compensation after a distracted driving accident in Queens is likely your personal injury protection (PIP) insurance. This compensation typically includes coverage for your medical bills and up to 80 percent of your lost earnings if your injuries prevent you from working. If you were not in a vehicle at the time, your coverage likely comes from the distracted driver’s PIP policy.

However, if your injuries are severe, you could be eligible to pursue monetary damages from the at-fault driver. This could include:

  • The full extent of your lost wages
  • Medical bills beyond that covered by PIP
  • Pain and suffering
  • Property damage
  • Reduced quality of life

Statute of Limitations to File a Personal Injury Claim in Queens, New York

New York’s statute of limitations gives you three years from the accident date to file a personal injury lawsuit. If you attempt to sue after these three years, the court will likely dismiss your case, and you will lose the chance to recover any compensation. This is why it’s so important to work with a knowledgeable Queens attorney after a distracted driving accident.

Contact Our Queens Distracted Driving Lawyers for a Free Consultation

Are you struggling to deal with the aftermath of a distracted driving accident in Queens? You don’t have to face this challenge alone. The trusted Queens personal injury team at Finz & Finz, P.C. is here to fight for the compensation you deserve. Contact us today for a free initial consultation to speak with a distracted driving accident lawyer in Queens.