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What Should I Do If I Was Hit By a Distracted Driver?

October 22, 2021
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Motor vehicle accidents occur without any warning. Just one wrong maneuver from a distracted driver could change your life forever, but not for the better. In 2019 alone, 3,142 people were killed in distracted driving crashes. Distracted driving occurs when drivers take their eyes off the road, their hands off the steering wheel, and/or their focus away from driving.

Distracted driving typically includes:

  • Using your mobile phone or other electronic devices
  • Eating or drinking
  • Reaching for something on the floor or passenger seat
  • Adjusting or tinkering with dashboard controls
  • Personal grooming, including applying makeup, shaving, or fixing hair
  • Reading
  • Paying attention to your passengers or anything outside your vehicle

Recovering Compensation for Your Injuries and Related Losses

For minor distracted driving accidents that did not result in serious injury (think minor scrapes, bruises, and sprains), costly medical bills, and hospital stays, and property damage, you can recover compensation from your own no-fault auto insurance coverage, which is required in New York. This coverage covers policyholders’ medical expenses regardless of fault in an auto accident.

On the other hand, your no-fault insurance plan might not be enough if you suffered serious injuries and other accident-connected losses. To recover financial compensation that is commensurate to your damages, you can file a personal injury claim with help from a Queens personal injury attorney. However, take note that you can only file a personal injury claim against the distracted driver if your injuries meet the state’s serious injury threshold.

Basically, your injuries will be considered only if they meet one or more of these requirements:

  • Bone fracture
  • Significant disfigurement
  • Loss of a fetus
  • Dismemberment
  • Significant limitations on the use of a body system or function
  • Consequential permanent limitations on the use of a member or body organ
  • Permanent lost use of a bodily system, function, member, or organ
  • Substantially full disability for more than 90 days

With a personal injury claim, you can likewise recover pain and suffering damages as well as other accident-associated losses such as lost income and property damage.

Protecting Your Personal Injury Claim

You want to make certain that you recover maximum compensation for your injuries. With this in mind, you should act on these crucial issues immediately following the distracted driving accident:

  • The at-fault driver will probably attempt to plead the citation to a lesser traffic charge if they were given a ticket for distracted driving. You must inform the prosecutor of your injury because this will impact whether the court will accept the plea for a lesser charge.
  • If the at-fault driver pleads guilty to the charges against them, this is crucial evidence for your claim. You must obtain certificates of disposition connected to the case.

Seek Legal Advice from a Queens Car Accident Attorney

Distracted driving accident victims have the legal right to proper financial compensation for all the losses they have incurred due to someone else’s negligence. To learn more about your claim and your legal options, contact Lipsig, Shapey, Manus & Moverman P.C. today. You can arrange a free review of your case with our experienced Queens car accident attorney by contacting us online or calling 212-285-3300.


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