Distracted Driving Accident Lawyer

At Kelner & Kelner, we understand the devastating impact a distracted driving accident can have on your life. Whether you’ve suffered serious injuries or lost a loved one due to a driver’s negligence, our experienced New York distracted driving accident lawyers are here to fight for the justice and compensation you deserve. With a proven track record of securing substantial verdicts and settlements for our clients, we are dedicated to holding distracted drivers accountable. Contact Kelner & Kelner today for a free consultation, and let us help you take the first step toward recovery.

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Injured in NYC? Contact Kelner and Kelner today at (212) 235-1027 or through our website.

What Constitutes Distracted Driving?

Distracted driving occurs when a driver’s attention is taken away from the primary task of operating a vehicle. In New York, distracted driving is one of the leading causes of traffic accidents, often resulting in serious injuries and fatalities. Distractions can fall into three main categories:

1. Visual Distractions: Taking your eyes off the road. Common examples include looking at a phone, GPS device, or even other passengers in the car.
2. Manual Distractions: Removing your hands from the wheel. This could involve texting, eating, drinking, adjusting the radio, or reaching for an object.
3. Cognitive Distractions: Letting your mind wander from driving. Daydreaming, talking to passengers, or being preoccupied with personal stress are all forms of cognitive distractions.

Texting while driving is particularly dangerous because it involves all three types of distraction—visual, manual, and cognitive. However, distracted driving isn’t limited to phone use. Any behavior that diverts attention from the road can significantly increase the risk of an accident.

At Kelner & Kelner, we are committed to holding distracted drivers accountable. If you or a loved one has been injured due to another driver’s negligence, contact our experienced team today to discuss your legal options.

Common Injuries from Distracted Driving Accidents

Distracted driving accidents can result in a wide range of injuries, many of which are severe and life-altering. Because distracted drivers often fail to react in time to avoid or minimize collisions, these crashes frequently occur at high speeds, increasing the likelihood of catastrophic outcomes. Common injuries in distracted driving accidents include:

• Traumatic Brain Injuries (TBI): The force of impact can cause concussions, skull fractures, or more severe brain injuries, potentially leading to long-term cognitive and physical impairments.
• Spinal Cord Injuries: Damage to the spine can result in partial or complete paralysis, chronic pain, or other debilitating conditions.
• Broken Bones: Fractures are common in high-impact crashes, often affecting the arms, legs, ribs, or pelvis. These injuries may require extensive surgery and rehabilitation.
• Whiplash and Neck Injuries: Sudden jolts to the head and neck can cause soft tissue damage, leading to chronic pain, limited mobility, or nerve issues.
• Internal Injuries: The force of a collision can cause internal bleeding or damage to organs, which may not be immediately visible but can be life-threatening if left untreated.
• Lacerations and Burn Injuries: Shattered glass, debris, or fire resulting from the crash can leave victims with deep cuts, scars, or severe burns.
• Emotional Trauma: Beyond physical injuries, many victims suffer from anxiety, depression, or post-traumatic stress disorder (PTSD) as a result of the accident.

What Are My Legal Options After a Distracted Driving Accident?

If you've been injured in a distracted driving accident in New York, you have several legal avenues to pursue compensation for your injuries and damages. At Kelner & Kelner, we help victims understand and exercise their rights under New York law.

First, you may file a claim with your own insurance company under New York's no-fault insurance system. This coverage, also known as Personal Injury Protection (PIP), can provide immediate compensation for medical expenses and lost wages, regardless of who was at fault in the accident.

However, if you've suffered serious injuries as defined by New York law, you may have the right to step outside the no-fault system and file a personal injury lawsuit against the distracted driver. Serious injuries can include:

• Significant disfigurement
• Bone fractures
• Permanent limitation of use of a body organ or member
• Significant limitation of use of a body function or system
• Substantially full disability for 90 days or more

A personal injury lawsuit allows you to seek additional compensation beyond what no-fault insurance provides, including:

• Past and future medical expenses
• Lost wages and diminished earning capacity
• Pain and suffering
• Emotional distress
• Loss of enjoyment of life

In cases involving particularly egregious behavior, such as texting while driving or watching videos behind the wheel, you may also be entitled to punitive damages. These damages serve to punish the negligent driver and deter similar behavior in the future.
Time is critical in these cases. New York has a three-year statute of limitations for personal injury claims, but evidence of distracted driving can disappear quickly. Our experienced attorneys at Kelner & Kelner can help preserve crucial evidence, such as cell phone records and surveillance footage, to build a strong case on your behalf.

How a Distracted Driving Accident Lawyer Can Help

When you hire Kelner & Kelner to handle your distracted driving accident case, you gain the support of experienced New York attorneys who will fight tirelessly for your rights. Our legal team brings valuable resources and expertise to your case in several crucial ways:

Investigating Your Accident

Our attorneys work with accident reconstruction specialists and investigators to gather compelling evidence of distracted driving. We obtain cell phone records, witness statements, surveillance footage, and vehicle data to establish that the other driver was negligent. This thorough investigation builds a strong foundation for your claim.

Documenting Your Damages

We help document the full extent of your losses by working with medical experts, economists, and life care planners. This comprehensive approach ensures we account for all your current and future damages, including ongoing medical care, lost income, reduced earning capacity, and pain and suffering.

Building a Compelling Case

Whether through settlement negotiations or trial, we prepare every case thoroughly. Our attorneys have extensive experience presenting distracted driving cases to juries and insurance companies. We know how to effectively demonstrate the devastating impact of the other driver's negligent behavior.

Meeting Legal Requirements

We ensure all necessary paperwork is filed correctly and within New York's legal deadlines. Our team handles the complex legal procedures while keeping you informed throughout the process. We'll protect your rights and guide you through each step of your case.

Maximizing Your Compensation

With decades of experience handling distracted driving cases in New York, we know how to value your claim properly. We'll fight for compensation that truly reflects the full impact of your injuries, including both economic and non-economic damages.

At Kelner & Kelner, we work on a contingency fee basis, meaning you pay nothing unless we secure compensation for you. Our commitment is to provide the dedicated legal representation you need while making the process as stress-free as possible during your recovery.

Potential Recoverable Damages for Victims of Distracted Driving

We understand that a distracted driving accident can have far-reaching financial and personal consequences. Our attorneys work diligently to help victims recover the full range of damages they're entitled to under New York law. Here are the types of compensation we may pursue on your behalf:

Economic Damages

These damages cover your measurable financial losses, including:

• All medical expenses, from emergency care to long-term rehabilitation
• Lost wages and income during your recovery period
• Reduced earning capacity if your injuries affect your ability to work
• Property damage, including vehicle repair or replacement
• Future medical care and treatment costs
• Transportation expenses for medical appointments
• Home modifications needed due to your injuries
• In-home care or assistance

Non-Economic Damages

These damages address the personal impact of your injuries:

• Physical pain and suffering
• Emotional distress and mental anguish
• Loss of enjoyment of life
• Loss of consortium or companionship
• Permanent disfigurement or scarring
• Physical impairment or disability
• Depression, anxiety, or PTSD resulting from the accident

Punitive Damages

In cases involving particularly reckless behavior, such as texting while driving at high speeds or engaging in social media while behind the wheel, we may seek punitive damages. These additional damages serve to punish the negligent driver and deter similar dangerous behavior in the future.

Wrongful Death Damages

If you've lost a loved one due to a distracted driving accident, our attorneys can help you pursue compensation for:

• Funeral and burial expenses
• Loss of financial support
• Loss of parental guidance
• Loss of spousal support and services
• Medical expenses incurred before death
• Pain and suffering experienced by your loved one
• Loss of inheritance

Every distracted driving case is unique, and the amount of recoverable damages depends on various factors, including the severity of injuries, impact on your life, and available insurance coverage.

Contact Our New York Distracted Driving Accident Attorneys Today

If you or a loved one has been injured by a distracted driver in New York, don't face the legal challenges alone. At Kelner & Kelner, our experienced personal injury attorneys have a proven track record of securing substantial settlements and verdicts for distracted driving accident victims. We offer free, no-obligation consultations to discuss your case and explain your legal options.

Our firm works on a contingency fee basis, which means you pay nothing unless we win compensation for you. Time limits apply to filing your claim, so don't wait to get the legal representation you deserve. Contact us today at (212) 235-1027 or fill out our online form to schedule your free consultation and learn how we can help protect your rights and pursue the compensation you need for recovery.

NYC Distracted Driving Accident Lawyer FAQs

1. What is considered distracted driving in New York?

Distracted driving includes any activity that takes a driver’s attention away from operating the vehicle. This can include texting, eating, adjusting the radio, using a GPS, or engaging in conversations with passengers.

2. Is texting and driving illegal in New York?

Yes, texting while driving is illegal in New York. State law prohibits the use of handheld electronic devices while driving, including texting, emailing, or browsing the internet. Violators face fines, points on their license, and other penalties.

3. How can I prove the other driver was distracted?

Proving distracted driving may involve obtaining cell phone records, surveillance footage, eyewitness testimony, or police reports. Our attorneys have extensive experience in gathering evidence to build a strong case.

4. What should I do if I’m injured in a distracted driving accident?

After seeking medical attention, document the scene, take photographs, collect witness information, and report the accident to the police. Then, contact an experienced personal injury attorney to protect your rights.

5. Can I still recover compensation if I was partially at fault for the accident?

Yes, New York follows a comparative negligence rule, meaning you may still recover compensation even if you were partially at fault. However, your damages will be reduced by your percentage of fault.

6. What types of compensation can I recover in a distracted driving accident case?

You may be entitled to compensation for medical expenses, lost wages, property damage, pain and suffering, and, in some cases, punitive damages.

7. How long do I have to file a lawsuit for a distracted driving accident in New York?

In New York, the statute of limitations for filing a personal injury claim is generally three years from the date of the accident. However, certain circumstances may affect this timeline.

8. Do I need a lawyer for a distracted driving accident claim?

While you’re not required to hire an attorney, having experienced legal representation can significantly improve your chances of recovering fair compensation. Insurance companies often try to minimize payouts, and a lawyer can fight to protect your interests.

9. How much does it cost to hire Kelner & Kelner?

At Kelner & Kelner, we work on a contingency fee basis, meaning you don’t pay any legal fees unless we recover compensation for you. Your initial consultation is free.

10. What makes Kelner & Kelner the right choice for my case?

With decades of experience and a proven track record of securing substantial verdicts and settlements, our firm is dedicated to providing personalized, aggressive representation for accident victims. We are committed to helping you achieve the best possible outcome.