Motor vehicles are such an important and common part of everyday modern life it can be easy to become complacent about the dangers of driving. Road conditions can change in the blink of an eye. Other drivers can suddenly slam on their brakes. A deer might dart across the highway. A delivery truck might lose part of its load in the street. Drivers must pay attention at all times in order to react appropriately to these and other hazards.
By depriving themselves of the ability to react, distracted drivers place themselves and others in danger. Not only do distracted drivers fail to avoid hazards, they also cause accidents by drifting into other lanes, failing to yield, and losing control of their vehicles. A 2017 study by the New York City Department of Health and Mental Hygiene reported distracted driving as a significant problem on city streets.
If you have been in an accident and suffered injuries because of someone else’s negligent, distracted driving, speak to a personal injury lawyer with experience in distracted driving car accidents as soon as possible. Contact Ivan Diamond Bronx Personal Injury Attorney today at (718) 588-2000 or online to schedule a free consultation and learn if we may be able to help you.
Why You Want Ivan Diamond Bronx Personal Injury Attorney
While there are plenty of qualified and competent attorneys to choose from, not all attorneys are the same. If you have had a distracted driving accident, hire someone who has experience and a record of success with similar personal injury cases.
Every case is unique, and so past results are not a guarantee of future success. However, our record demonstrates that we work hard for our clients to ensure every case has the best possible outcome.
Understanding Distracted Driving Accident Injuries
It only takes a moment of distraction for a driver to cause an accident that results in serious injuries. These may include but are not limited to:
- Traumatic brain injury;
- Amputation;
- Spinal cord damage, including paralysis;
- Organ damage;
- Broken bones;
- Severe lacerations; and
- Burns.
Anytime you have been involved in an accident you should seek immediate medical care. An evaluation by a medical professional can determine the extent of injuries, and prompt treatment may help to ensure fuller recovery.
Who Bears Responsibility for Distracted Driving Accidents?
You may think a distracted driver should be held entirely responsible for the harm an accident causes. While distracted drivers do, in fact, often bear much of the blame, other factors may affect the question of legal liability in a distracted driving accident, including:
- Did you contribute to the accident? Did you slam on your brakes, swerve in traffic, or fail to follow traffic signals? Even if the other driver’s distraction caused them to crash into you, if you did something that contributed to the accident, you may bear partial responsibility for your own injuries.
- Did an outside factor add to the accident? A driver who was working when the accident occurred may share liability with their employer. A driver who visited a bar or restaurant and consumed alcohol immediately prior to the accident may share liability with the establishment whose employees served them.
- Did mechanical failure contribute to the accident? If so, then the vehicle’s manufacturer, mechanic, or repair shop may share liability for the accident.
Talk to a personal injury lawyer and learn what factors may affect your potential claims after suffering injury in a distracted driving accident.
Common Damages Recovered After a Distracted Driving Accident
No amount of money can truly compensate for the incredible stress, physical suffering, and emotional costs that usually come with an accident. However, it can help to alleviate the burden of the financial impact for property loss, medical expenses, and accommodations needed during your recovery, including time off work.
Compensable damages depend on the facts of the case, but may include:
- Medical expenses. Medical expenses can mount fast, and the victim of an accident should not bear responsibility for those costs alone. Damages may include emergency transportation, surgery, and hospitalization, as well as long-term medical expenses, such as long-term care, physical therapy, medication, and ongoing treatment.
- Pain and suffering. After an accident, a victim may miss out on normal life activities, and suffer substantial pain caused by injuries. Insurance companies often calculate pain and suffering based on a percentage of overall medical costs. However, pain and suffering compensation may be adjusted under specific circumstances, including when emotional trauma has also occurred.
- Lost income. Injuries may prevent a victim from returning to work after an accident. Some injuries may result in weeks or even months of missed work, while other injuries, such as spinal cord trauma and traumatic brain injury, can permanently prevent someone from ever returning to their former employment.
How Do Insurance Companies Try to Avoid Paying?
Insurance companies invariably use several strategies and tactics to reduce their financial exposure, including:
- Denying their policyholder’s liability;
- Attempting to shift liability to the injured party;
- Offering a low initial settlement, usually in the early days after the accident when the full extent of damages is still unknown; and
- Trying to prove the injuries are less serious than claimed.
How Much Does a Bronx Distracted Driving Accident Attorney Cost?
If you already have medical bills, expenses for property repair or replacement, and are losing income because of time missed at work, hiring a lawyer may seem like an insurmountable additional expense that you simply can’t afford. However, you are more likely to be unable to afford not having a lawyer. A lawyer can:
- Communicate and negotiate on your behalf with the insurance companies;
- Provide valuable advocacy and advice to ensure your rights are protected;
- Substantiate all of your applicable claims;
- Help maximize the settlement for compensable damages; and
- Give you counsel to ensure you do not accept an unfair offer.
Additionally, Ivan Diamond Bronx Personal Injury Attorney accepts clients on a contingent fee basis. That means fees and costs for our representation may come from any eventual settlement or judgment, and not from the client upfront.
Do You Need a Bronx Distracted Driving Accident Attorney?
If you have been injured in an accident caused by someone else’s distracted driving, speak to an experienced personal injury lawyer as soon as possible. Contact Ivan Diamond Bronx Personal Injury Attorney today at (718) 588-2000 or online to schedule a free consultation and learn if we may be able to help you.
