Distracted Driving
Distracted Driving Accident Lawyers in New York City
Holding Distracted Drivers Accountable for the Personal Injuries and Wrongful Deaths They Cause.
Distracted driving is a leading cause of car, truck and motorcycle accidents in New York and across the country. These accidents are easily preventable. Many of them cause catastrophic and permanent injuries.
At Gabriel Law, we have more than 50 years of combined experience fighting for vehicle accident victims. We know how to establish that a driver was distracted and hold them accountable for the resulting harm. Our trial lawyers work with experts to determine the impact and severity of your injuries. We’re ready to help you get the justice you deserve and regain control of your life following your accident. Call us today to claim your right to compensation.
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On This Page
How Can We Help?
- How Can We Help?
- What Is Distracted Driving?
- Why Is Distracted Driving Dangerous?
- What Types of Injuries Does Distracted Driving Cause?
- Who Is Responsible for Distracted Driving Accidents in the New York City Region?
- How Do Your Car Accident Lawyers Show That a Driver Was Distracted?
- What Compensation Can I Receive If a Distracted Driver Causes an Accident?
- Why Do Clients Choose Gabriel Law?
- What New York Laws Govern Distracted Driving in New York City and Long Island?
- NYC Distracted Driving FAQs
- Do You Have a Distracted Driving Accident Lawyer Near Me?
What Is Distracted Driving?
According to the U.S. Centers for Disease Control and Prevention (CDC), distracted driving is any action that takes a driver’s focus away from their driving. The main types of distracted driving are:
- Visual distraction. The driver takes their eyes off the road.
- Manual distraction. The driver takes their hands off the steering wheel.
- Cognitive distraction. The driver doesn’t focus on the traffic around them or on how to respond to any emergencies.
Distracted driving endangers drivers, passengers, pedestrians, and bicycle riders.
Examples of distracted driving include:
- Texting
- Using a mobile phone to talk, email, or for any other activity
- Looking at a GPS
- Eating or drinking
- Tending to a person or pet in the car
- Changing the music
Why Is Distracted Driving Dangerous?
According to the New York Governor’s Traffic Safety Committee, distracted driving is the number one contributing factor in motor vehicle crashes in the state.
The National Highway Traffic Safety Administration (NHTSA) estimates that thousands of people die and hundreds of thousands are injured each year in distracted-driving crashes nationwide.
The Governors Highway Safety Association states that driving 55 mph while distracted (for five seconds) is like driving the entire length of a football field.
What Types of Injuries Does Distracted Driving Cause?
Distracted driving often causes serious accidents. Our NYC distracted driving lawyers handle all types of serious injuries, including:
- Traumatic brain injuries, concussions and other types of head trauma
- Spinal cord injuries, including paralysis and herniated discs
- Loss of limb/traumatic amputation
- Broken bones/fractures
- Internal bleeding and organ damage
- Soft tissue injuries, including whiplash
- Back, neck and shoulder pain
- Nerve, muscle, ligament and tendon damage
- Loss of hearing or vision
- Scarring and disfigurement
- Death
Who Is Responsible for Distracted Driving Accidents in the New York City Region?
At Gabriel Law, we file claims on your behalf against anyone responsible for a distracted driving accident. The defendants may include:
- The distracted driver
- The owner of the vehicle (for example, parents who allow their child to drive a car if the child causes a crash while distracted)
- The distracted driver’s employer (for example, a pizza shop that employs a delivery driver who causes an accident while distracted)
Our Results
We’ve secured numerous results in the millions and hundreds of thousands of dollars for our clients. While prior results do not guarantee a similar outcome, we take every step necessary in each case. Here are a few of our vehicle collision results:
$2,150,000
$1,900,000
$1,750,000
$1,600,000
$1,450,000
Prior results do not guarantee a similar outcome. Every case is decided on its own facts.
How Do Your Car Accident Lawyers Show That a Driver Was Distracted?
Some of the important steps our lawyers will take to establish distracted driving, depending on the circumstances, include:
- Formally questioning the driver who caused your accident, by way of a deposition in the discovery process, about every part of their journey, including the moments just before the crash.
- Questioning available witnesses, which can include passengers in your vehicle if you were driving, passengers in the distracted driver’s vehicle, and other eyewitnesses.
- Seeking court approval to review the driver’s phone records at the time of the accident.
- Working with investigators, the police and traffic reconstruction professionals.
What Compensation Can I Receive If a Distracted Driver Causes an Accident?
Gabriel Law is committed to pursuing full compensation on your behalf.
We work with your doctors to verify your diagnosis, understand the full range of medical care you’ll need, and explore how your injuries are affecting every part of your life.
Our NYC distracted driving lawyers seek compensation for all recoverable past, current and future damages. These include the following:
- Medical bills recoverable under New York law, including ER care, hospital stays, doctor visits, rehabilitative therapy and other medical costs
- Your lost income and benefits, including the inability to work
- Your daily physical pain and emotional suffering, if recoverable under New York law
- Damage to your vehicle
- Any scarring or disfigurement
- The inability to use a body part
- A spouse’s loss of consortium
If a distracted driving accident in New York City or Long Island is fatal, we help the decedent’s representative file a wrongful death claim for the benefit of eligible distributees.
Wrongful death damages in New York generally include pecuniary losses such as funeral expenses, medical expenses, lost financial support, and, in some cases, loss of parental guidance.
Why Do Clients Choose Gabriel Law?
We listen attentively to your story. Injuries affect your ability to work, and affect your ability to enjoy your everyday life normally. These injuries are extremely uncomfortable and often cause anxiety and depression. Rather than focusing on all the paperwork, clients can focus on healing. Gabriel Law takes care of the rest.
We’re respected for:
- Treating each client with compassion, and as a member of our family.
- Answering your questions and anticipating the questions you may be hesitant to ask.
- Keeping you informed.
- Handling each case on a contingency fee basis. This means we only receive compensation if your case is successful. You have no upfront costs.
- Working with experts to establish wrongdoing.
- Thoroughly preparing each case for a potential resolution. If a case cannot be resolved, we are prepared to take your case to trial.
- Preparing a formal demand letter to the insurance companies.
What New York Laws Govern Distracted Driving in New York City and Long Island?
New York has strict distracted driving laws. Violations of the law can help support your civil personal injury or wrongful death claim.
According to the New York Department of Motor Vehicles:
- Drivers cannot text, talk, or access messages or images while driving. They cannot read or play games on a portable electronic device while driving.
- Drivers cannot use portable electronic devices while driving. Conspicuously holding a device creates a rebuttable presumption that the driver was using it.
New York generally prohibits handheld mobile phone use and portable electronic device use while a noncommercial vehicle is in motion. Commercial drivers are also generally prohibited from using handheld mobile phones or portable electronic devices while temporarily stopped in traffic or at a traffic light, unless a statutory exception applies. These rules include the following:
- New York generally permits hands-free use of devices if the driver is not holding the device and otherwise complies with state law.
- A GPS or other device may be used when mounted or otherwise attached to the vehicle, provided the driver does not hold or use it in a manner prohibited by law.
- A driver needs to contact emergency services.
Commercial drivers are generally prohibited from texting or using handheld mobile phones while operating commercial motor vehicles, including while temporarily stopped in traffic.
NYC Distracted Driving FAQs
Generally, personal injury victims in New York must file a lawsuit within three years from the date of the accident. The deadline for a wrongful death claim is generally two years from the date of the decedent’s death. Claims against New York City and many other municipal or public entities generally require a Notice of Claim within 90 days. Other exceptions may apply.
Please contact Gabriel Law as soon as possible after an accident to protect your legal rights.
Locations
Do You Have a Distracted Driving Accident Lawyer Near Me?
Yes. We have offices at the following locations:
We also discuss cases by phone and through online video. If your injuries prevent you from traveling, we can make arrangements to see you away from our offices.
- Manhattan: 340 W 57th St #2l
- Brooklyn: 2653 Coney Island Ave.
- Queens: 39-10 Main St #200
- Bronx: 1136 Castle Hill Ave.
- Long Island: 2 Lincoln Ave., Suite 400
Long Island — Main Office
2 Lincoln Ave., Suite 400, Rockville Centre, NY 11570
In Rockville Centre, Nassau County — serving all of Long Island.
Manhattan
340 W 57th St #2L
New York, NY 10019
Brooklyn
2653 Coney Island Ave
Brooklyn, NY 11223
Queens
39-10 Main St #200
Queens, NY 11354
The Bronx
1136 Castle Hill Ave
Bronx, NY 10462
Can’t make it in? Phone and video consultations are available. When you’re ready to talk, we’re ready to listen.
Contact Us
Contact Our Distracted Driver Lawyers Today
If a driver puts their short-term needs ahead of your personal safety, Gabriel Law is prepared to guide you through each step of the process. To schedule a free consultation, call us or use our contact form. We’re ready to help you now.