The sound is unforgettable. The screech of tires, the violent crunch of metal, the sudden, shocking jolt. In an instant, your world is turned upside down. One moment, you were driving through Brooklyn, Queens, or Long Island, and the next, you are dealing with the nightmare of a collision.
When you later learn that the driver who hit you was looking at their phone instead of the road, the shock turns to anger. Their careless decision has caused you pain, stress, and financial hardship.
At Queller Fisher, we understand the devastation that a distracted driving accident causes. We have seen firsthand how a single text message or a moment of inattention can lead to life-altering injuries.
For decades, our firm has stood up for victims across New York City and its surrounding counties, fighting to hold negligent drivers accountable and securing the justice and compensation our clients deserve.
If you or a loved one has been injured by a distracted driver, Our New York City distracted driving lawyers are here to provide the strong, capable, and compassionate legal assistance you need. Contact us today for a free, no-obligation consultation.
Call (212) 406-1700 in New York City or (718) 892-0400 in the White Plains to speak with an experienced attorney.
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New York Distracted Driving Guide
The True Danger of Distracted Driving in New York
Distracted driving is any activity that diverts a person’s attention away from the primary task of safe driving. While texting is the most notorious culprit, many other actions can be just as dangerous.
New York law recognizes that a driver's full attention is required to operate a vehicle safely.
To understand the danger, it helps to categorize distractions into three main types of accident:
- Visual Distractions: Anything that takes your eyes off the road. Examples include looking at a GPS, checking a text message, looking at passengers in the back seat, or watching something on the side of the road.
- Manual Distractions: Anything that takes your hands off the steering wheel. This includes eating or drinking, adjusting the radio, reaching for an object, or holding a cell phone.
- Cognitive Distractions: Anything that takes your mind off the task of driving. This is the most subtle but can be the most dangerous. Examples include intense or emotional conversation, daydreaming, or even thinking about work or personal problems.
Texting while driving is particularly hazardous because it involves all three types of distraction simultaneously. A driver who sends or reads a text message takes their eyes off the road, their hands off the wheel, and their mind off driving.
New York's Laws on Distracted Driving
New York has some of the strictest laws in the nation against distracted driving. Vehicle and Traffic Law (VTL) § 1225-c and § 1225-d specifically prohibit drivers from using handheld electronic devices while their vehicle is in motion. This includes:
- Holding a phone to your ear to talk.
- Composing, sending, reading, or browsing text messages or emails.
- Playing games or using any other app on a portable electronic device.
A violation of these laws is considered a primary offense, meaning a police officer can pull a driver over for this reason alone. For your personal injury claim, a driver being ticketed for distracted driving is powerful evidence of their negligence.
It establishes that they broke a safety law designed to protect people like you, which can significantly strengthen your case.
The Consequences of a Distracted Driver's Negligence
The victims of distracted driving accidents often suffer from serious and debilitating injuries. Because the distracted driver is often not braking or taking evasive action before impact, these collisions can occur at high speeds, leading to catastrophic results.
Common injuries types we see in cases involving distracted drivers include:
- Traumatic Brain Injuries (TBI): From concussions to severe, permanent brain damage.
- Spinal Cord Injuries: Often resulting in partial or full paralysis (paraplegia or quadriplegia).
- Neck and Back Injuries: Including herniated discs and severe whiplash.
- Broken Bones and Fractures: Requiring surgery, pins, plates, and long recovery periods.
- Internal Organ Damage and Bleeding: Life-threatening injuries that require immediate emergency care.
- Wrongful Death: In the most tragic cases, a distracted driver’s carelessness can rob a family of their loved one.
Beyond the physical pain, the financial and emotional costs are immense. You may be facing a mountain of medical bills, unable to work and losing income, and needing extensive physical therapy or long-term care.
The emotional trauma anxiety, PTSD, and a new fear of driving can be just as debilitating as any physical injury.
How a Queller Fisher Distracted Driving Lawyer Fights for You
When you are trying to recover, the last thing you should have to do is battle with an insurance company. They protect their profits by paying you as little as possible.
Our goal is to protect you and secure the maximum compensation you are entitled to under the law. Here is how our dedicated attorneys build a powerful case on your behalf:
1. Conducting a Thorough Investigation
Proving the other driver was distracted is the key to your case. We leave no stone unturned in our investigation. Our team will:
- Secure the Police Report: This report often contains the officer's initial observations, witness information, and any citations issued at the scene.
- Interview Witnesses: Eyewitnesses may have seen the other driver on their phone just before the crash. We will locate and interview them to get sworn statements.
- Subpoena Cell Phone Records: This is one of the most powerful tools we have. We can use a subpoena to legally obtain the other driver’s cell phone records. These records show the timing of calls, texts, and data use, which we then compare to the precise time of the crash to establish a strong correlation between a driver’s distraction and your injuries.
- Analyze Physical Evidence: We examine photos of the crash scene, vehicle damage, and skid marks (or the lack thereof, which can indicate a driver wasn't paying attention).
- Consult with Experts: We work with top accident reconstruction specialists who can analyze the evidence to create a scientific model of how the crash occurred, proving the other driver’s fault.
2. Handling All Communication with Insurance Companies
Insurance adjusters are trained to get you to say things that can hurt your claim. They may try to pressure you into a quick, lowball settlement before you even know the full extent of your injuries.
When you hire Queller Fisher, all communication goes through us. We handle the calls, the paperwork, and the aggressive tactics so you can focus on your health.
3. Accurately Calculating Your Full Damages
We work with you, your doctors, and financial experts to calculate the full value of your claim. This isn't just about current medical bills; it's about securing your future. We seek compensation for:
- Economic Damages: This includes all past and future medical expenses, lost wages, diminished earning capacity, rehabilitation costs, and property damage.
- Non-Economic Damages: This compensates you for the human cost of the accident, including pain and suffering, emotional distress, loss of enjoyment of life, and permanent disability or disfigurement.
4. Taking Your Case to Court
While most personal injury cases settle out of court, we prepare every case as if it is going to trial. Our reputation as formidable trial lawyers means insurance companies know we will not back down. They are far more likely to offer a fair settlement when they know we are ready, willing, and able to take them to court and win.
Why Choose Queller Fisher?
After a serious accident, choosing the right lawyer is your most important decision. You need a firm with the experience, resources, and dedication to win.
Here’s why victims in Brooklyn, Queens, the White Plains, Westchester, Nassau, and Suffolk counties trust Queller Fisher.
- A Legacy of Results: Our firm has recovered billions of dollars in verdicts and settlements for our clients. This track record is not just a number; it is a testament to our ability to handle complex cases and achieve exceptional outcomes.
- Personalized Attention from Proven Partners: At Queller Fisher, you are not just another case file. You will work directly with our experienced partners. We believe in building strong client-attorney relationships based on trust, communication, and a deep understanding of your needs.
- The Resources to Win: We combine the personalized care of a boutique firm with the financial strength and resources of a large one. We have access to the nation’s leading medical experts, accident reconstructionists, and financial analysts to build the strongest case possible for you.
- No Fee Unless We Win: We operate on a contingency fee basis. This means you pay us nothing unless and until we recover compensation for you. Our fee is a percentage of the amount we win, so our interests are perfectly aligned with yours.
- We Know New York:Our attorneys have spent their careers practicing in New York courts. We understand the local judges, the defense strategies used by insurance companies in this area, and the specific laws that will impact your case. We are proud to serve the communities we live and work in.
Frequently Asked Questions
How much does it cost to hire a Queller Fisher attorney?
There are no upfront costs. We handle all personal injury cases on a contingency fee basis, which means you pay absolutely nothing unless we win your case. Our fee is a percentage of the financial recovery we obtain for you. This allows everyone to have access to top-tier legal representation, regardless of their financial situation.
How much is my distracted driving accident case worth?
Every case is unique, so it is impossible to give an exact number without a full evaluation. The value of your claim depends on several factors,
How do you prove the other driver was texting or otherwise distracted?
Proving distraction is a critical part of the case. We use several methods, including obtaining sworn witness testimony, securing the driver's cell phone records through a legal subpoena to show usage at the time of the crash, and analyzing the police report and physical evidence from the scene. Sometimes, the driver even admits it to police or witnesses.
What should I do right after an accident caused by a distracted driver?
First, ensure your safety and the safety of others. If you can, move to the side of the road. Call 911 immediately to report the accident and request medical assistance, even if you feel fine. Adrenaline can mask serious injuries.
Use your phone to take pictures of the vehicles, the scene, and your injuries. Get the other driver's name, insurance, and contact information, but do not discuss fault. See a doctor as soon as possible, and then call an experienced personal injury lawyer before you speak to any insurance companies.
How long do I have to file a lawsuit in New York?
In New York, the statute of limitations for most personal injury claims is three years from the date of the accident. For wrongful death claims, it is generally two years from the date of death.
While this may seem like a long time, it is crucial to act quickly. Evidence can disappear, witnesses' memories can fade, and building a strong case takes time. Contacting an attorney promptly is the best way to protect your rights.
Does New York’s no-fault insurance system prevent me from suing a distracted driver?
No. New York's no-fault system covers your initial medical bills and lost wages up to $50,000, regardless of who caused the crash. However, if your injuries meet the state's serious injury threshold, you may step outside the no-fault system and file a personal injury lawsuit against the at-fault driver for damages like pain and suffering.
Most injuries from high-speed distracted driving crashes meet this threshold.
What happens if the distracted driver was working when they hit me?
If the driver was on the clock or performing job duties—such as a delivery driver checking a dispatch app or a salesperson calling a client—their employer may also be liable for your injuries.
This legal doctrine, known as vicarious liability, allows you to pursue compensation from the company, which often has greater insurance coverage and resources than an individual driver.
What is the difference between a traffic ticket and a personal injury claim?
A traffic ticket for violating VTL § 1225-d is a matter between the driver and the State of New York. It results in fines and points on their license. A personal injury claim is a separate, civil matter you file to recover financial compensation for your medical bills, lost income, and suffering.
While a driver's conviction for the ticket provides strong evidence of their negligence in your civil claim, it does not automatically result in compensation for you.
Can I still recover damages if I was partially at fault for the accident?
Yes. New York follows a pure comparative negligence rule. This means you can recover damages even if you were partially to blame for the crash.
The court will assign a percentage of fault to each party, and your final compensation award will decrease by your percentage of fault.
Take the First Step Toward Justice Today
A distracted driver's choice to look at their phone stole your sense of safety and security. You deserve a legal team that will fight relentlessly to give it back. At Queller Fisher, we will be your advocates, your counselors, and your champions in the fight for justice.
Let us handle the legal battle so you can focus on what matters most: your recovery. We proudly serve clients throughout New York City, including Brooklyn and Queens, as well as Westchester, Nassau, and Suffolk counties.
Call now for your free, confidential consultation. Reach our personal injury attorney in the New York City office at (212) 406-1700 or our White Plains office at (718) 892-0400, or fill out our online contact form to get started.
Queller, Fisher, Washor, Fuchs & Kool - New York Office
233 Broadway #1800,
New York, NY 10279
Ph: (212) 406-1700