Distracted Driving Accident Lawyers in New York, NY

Experienced Legal Assistance for Distracted Driving Accidents

Distracted driving is one of the leading causes of car accidents in New York, putting countless motorists, pedestrians, and cyclists at risk every day. If you or a loved one has been injured in a distracted driving accident, you need a skilled attorney to help you pursue justice and fair compensation. At the Law Office of Julio E. Portilla, P.C., we are committed to holding negligent drivers accountable and helping victims recover financially, physically, and emotionally.

Understanding Distracted Driving

Distracted driving occurs when a driver’s attention is diverted from the road due to various activities. The Centers for Disease Control and Prevention (CDC) identifies three primary types of distractions:

• Visual distractions – Taking eyes off the road (e.g., reading a text, looking at GPS).

• Manual distractions – Taking hands off the wheel (e.g., eating, adjusting the radio).

• Cognitive distractions – Taking focus away from driving (e.g., talking to passengers, daydreaming).

Common Causes of Distracted Driving Accidents

New York’s bustling roads and heavy traffic make distracted driving especially dangerous. Some of the most common causes of these accidents include:

• Texting or talking on a cellphone

• Using a GPS or navigation system

• Eating or drinking while driving

• Adjusting the radio, climate controls, or dashboard settings

• Talking to passengers or dealing with children in the backseat

• Personal grooming, such as applying makeup or shaving

While any distraction can lead to an accident, texting while driving is particularly hazardous because it involves all three types of distractions at once.

New York Laws on Distracted Driving

New York has some of the strictest distracted driving laws in the country. Under New York Vehicle and Traffic Law Section 1225, it is illegal for drivers to:

• Use a handheld cellphone to talk, text, or browse the internet while driving.

• Send or receive electronic messages, including emails and social media updates.

• View or take photos or videos with a mobile device.

Penalties for distracted driving in New York include:

• Fines ranging from $50 to $450, depending on the number of violations.

• Points added to the driver’s record, leading to higher insurance rates.

• Possible driver’s license suspension for repeat offenders.

If a distracted driver causes an accident resulting in injury or death, they may also face civil lawsuits or criminal charges for reckless endangerment.

How a Distracted Driving Accident Lawyer Can Help

If you’ve been injured in a distracted driving accident, navigating the legal process on your own can be overwhelming. Our legal team at Julio E. Portilla, P.C. is here to handle every aspect of your case, including:

1. Investigating the accident – We collect critical evidence to prove the driver was distracted at the time of the crash. This may include cell phone records, surveillance footage, police reports, and eyewitness testimony.

2. Establishing liability – New York follows a comparative negligence rule, meaning you can still recover damages even if you were partially at fault. We work to establish the other driver’s negligence and maximize your compensation.

3. Negotiating with insurance companies – Insurance companies often try to minimize payouts. We aggressively negotiate on your behalf to ensure you receive a fair settlement for medical expenses, lost wages, and pain and suffering.

4. Taking your case to court if necessary – If an insurance company refuses to offer a reasonable settlement, we are fully prepared to take your case to trial and fight for your rights in court.

Compensation for Distracted Driving Accidents

Victims of distracted driving accidents in New York may be entitled to various forms of compensation, including:

• Medical expenses (hospital bills, rehabilitation, medications)

• Lost wages (including future earnings if you’re unable to work)

• Pain and suffering (physical and emotional distress)

• Property damage (repair or replacement of your vehicle)

• Wrongful death damages (if you lost a loved one in the accident)

Our goal is to secure the maximum compensation you deserve so you can focus on your recovery.

What to Do After a Distracted Driving Accident

If you are involved in a distracted driving accident, follow these steps to protect yourself and strengthen your case:

1. Seek medical attention – Even if you feel fine, some injuries may not appear immediately.

2. Call the police – A police report can provide crucial evidence.

3. Gather evidence – Take photos of the accident scene, vehicle damage, and any visible injuries.

4. Collect witness statements – Get contact information from anyone who saw the accident.

5. Avoid speaking to insurance adjusters alone – They may try to get you to settle for less than you deserve.

6. Contact a distracted driving lawyer – The sooner you get legal representation, the stronger your case will be.

Contact a Seasoned Distracted Driving Accident Attorney

If you or a loved one is affected by a distracted driving accident, do not hesitate to seek professional legal support. Contact the Law Office of Julio E. Portilla, P.C. to schedule a free consultation. Our dedicated team is prepared to fight for your rights and achieve the justice and compensation you deserve. Visit our Contact Page to learn more or schedule an appointment.