Pesonal Injury Attorneys Albany


Albany Distracted Driving Accident Lawyer

Albany distracted driving accident lawyers at Bailey, Johnson, & Peck, P.C. are dedicated to holding negligent drivers accountable and securing justice for victims of distracted driving incidents. Our experienced distracted driving accident lawyer team understands the devastating consequences of accidents caused by distracted drivers.

Our Albany law firm understands the complexities of New York state driving laws, and our distracted driving accident lawyer team is proficient in handling any legal claim involving Albany texting while driving laws, cell phone use, adjusting the radio, and other reckless driving habits that lead to distracted driving accidents. By leveraging our deep knowledge of traffic laws and liability, our personal injury attorney team conducts a thorough investigation, gathers evidence, and crafts compelling arguments to prove the other driver was texting while driving, using a hand-held cell phone, or engaging any other electronic device when the car accident occurred.

We can help pursue compensation for medical expenses, lost wages, property damage, and pain and suffering caused by other drivers. The Albany auto accident attorneys at Bailey, Johnson & Peck are dedicated to providing car accident victims with the support and guidance they need to seek the financial compensation they deserve.  When you choose our Albany distracted driving accident lawyers to represent you, you can trust that your experienced personal injury attorney will be by your side every step, fighting tirelessly to protect your rights and pursue the best possible outcome for your personal injury claim.

If you or a loved one was involved in an accident caused by a distracted driver in Albany, New York, call an Albany distracted driving accident lawyer at 518-456-0082 to schedule a free consultation.

Albany distracted driving accident lawyer

What is the Definition of Distracted Driving?

Distracted driving is defined as any activity that diverts a driver’s attention away from the primary task of safely operating their motor vehicle. One of the most common forms of distracted driving is texting while driving. 

A person can also drive distracted by engaging in cell phone use, taking phone calls, eating, drinking, interacting with other passengers, and adjusting the radio, navigation system, or other handheld electronic device.

Any behavior that takes a driver’s mind, hands, or eyes off the road is considered a distraction.

Our Albany texting and driving accident lawyers have extensive experience litigating Albany texting and driving accident claims and understand the dangers of distracted driving.

The 3 Types of Distracted Driving

There are many different distracted driving behaviors. Some distractions, like texting while driving, fall under more than one category.

Visual distractions divert a driver’s eyes from the road, whether checking a text message, navigating via GPS or any other electronic device, or simply admiring the scenery, increasing the risk of missing crucial cues like traffic signals, pedestrians, or other motorists.

Manual distractions require drivers to remove their hands from the wheel for activities like texting, adjusting the car radio, or eating, which is a serious threat that can lead to loss of vehicle control, particularly during sudden required maneuvers, especially for a teen driver.

A cognitive distraction engages the driver’s mind elsewhere, causing them to drive distracted through daydreaming, intense conversations, or preoccupations, thus diminishing focus, slowing reaction times, and lowering situational awareness. All these distractions contribute to unsafe driving conditions that could lead to car accidents.

Common Injuries From Distracted Driving Accidents in New York

Distracted driving accidents can cause a variety of serious injuries. Some common distracted driving injuries include:

  • Neck injuries like whiplash

  • Back injuries

  • Contusions

  • Cuts and lacerations

  • Broken bones

  • Crush injuries

  • Spinal cord injuries

  • Traumatic brain injuries

  • Soft tissue injuries

  • Burn injuries

  • Degloving injuries

  • Psychological trauma

  • Seat belt injuries

  • Airbag injuries

  • Death 

Albany distracted driving accident lawyers

Distracted Driving Law New York

In 2001, New York state was the first U.S. state to pass a law against using cell phones while driving. While driving, New York drivers cannot hold a portable electronic device and:

  • Engage in handheld cell phone calls

  • Compose, send, or receive messages (text message and email)

  • Browse, access, save, send, or receive web pages on any handheld electronic device

  • View, take, or send images on a cell phone or other device

  • Play games on a cell phone or other device

While cell phone use while driving is illegal in most situations, there are exceptions, like in an emergency.

In addition to New York’s texting while driving law, New York drivers must always have at least one hand on the wheel, which can help limit driver distractions. Anyone violating these laws may be subject to fines and other penalties.

Commercial Vehicle Driver Laws

In addition to New York’s other distracted driving rules, commercial drivers must adhere to other rules. While driving, commercial drivers in New York cannot:

  • Be required by their employer to use a cell phone or texting device while driving

  • Use any mobile device that requires the driver to press more than one button to dial or answer the phone

  • Use a cell phone while stuck in traffic

Albany distracted driving accident attorney

Distracted Driving Penalties in New York

New York drivers caught using cell phones while behind the wheel may face various penalties, including fines, driver violation points, and license suspension or revocation. Police officers can issue tickets for those caught engaging in cell phone use or texting while driving.

In New York, distracted driving can result in a fine of:

  • $50 to $200 for first offense

  • $50 to $250 for a subsequent offense in 18 months

  • $50 to $450 for third offense in 18 months

Distracted Driver Violation Points

In addition to a fine, distracted driving in New York also carries a punishment of five driver violation points. Accumulating these points on your driving record can lead to consequences like license suspension and even increased insurance premiums, impacting driving privileges and financial stability.

To prevent further distracted driving, those who are caught texting while driving may face temporary license suspension or revocation. After someone’s first offense for a cell phone or texting while driving violation, they may have their license or learner’s permit suspended for 120 days. 

For a subsequent offense within six months of having their license restored, the distracted or texting driver may have their probationary license, junior license (Class DJ or MJ), or learner’s permit revoked for at least one year.

Albany distracted driving lawyer

How to Prove Distracted Driving Occurred in a Car Accident Case

To file a successful personal injury claim against negligent drivers, there has to be proof that the driver’s attention was away from the road. Our Albany distracted driving attorneys will investigate the distracted driving accident and gather evidence to prove the at-fault driver was engaged in reckless driving. 

Your distracted driving accident lawyer may gather eyewitness testimonies from other drivers who saw the at-fault driver engaging in distracting activities like texting while driving, making phone calls, etc. Additionally, they may request a forensic analysis of the driver’s cell phone records or the vehicle’s black box data, which can provide concrete evidence of behavior leading up to the distracted driving accident. 

Photos or videos from surveillance cameras, dash cams, or nearby businesses can also help reconstruct the events leading to the collision. Furthermore, the police report documenting the accident scene and any previous distracted driving violations can help strengthen the victim’s legal claim against the other driver. 

It’s important that victims of distracted drivers work with skilled personal injury attorneys who specialize in car accidents, especially those involving distracted driving.

Can You Sue a Distracted Driver for Wrongful Death?

Yes, if a distracted driver killed your immediate family member, you may be able to file a wrongful death lawsuit against the other driver in the accident. Wrongful death lawsuits allow the victim’s surviving family members or legal representatives to seek compensation from the at-fault driver for the damages on behalf of the distracted driving accident victim. They also seek to hold the at-fault driver accountable for their negligence.

After a fatal car accident, the victim’s family or representatives may be able to pursue compensation for damages like medical expenses, funeral costs, loss of financial support, and emotional suffering. 

An Albany fatal car accident lawyer at Bailey, Johnson, and Peck, P.C. can help your family pursue justice.

Albany distracted driving lawyers

Compensation for Distracted Driving Accidents in Albany, NY

Like all car accidents, distracted driving accidents can cause victims to suffer from several economic and non-economic losses. If you or your immediate family has been injured in a distracted driving accident, our Albany personal injury attorneys may be able to help you recover compensation for losses such as:

  • Past and future medical expenses

  • Lost wages

  • Past and future rehabilitation expenses

  • Loss of earning capacity

  • Physical pain and suffering

  • Loss of enjoyment of life

  • Loss of consortium

  • Permanent disfigurement or disability

  • Funeral and burial expenses, in the event of a wrongful death

Why You Need an Albany Distracted Driving Accident Lawyer

If you or a loved one has been injured in a distracted driving crash, securing a skilled attorney is crucial for navigating the complexities of your personal injury lawsuit and achieving a favorable outcome. A skilled auto accident attorney at Bailey, Johnson & Peck possess comprehensive knowledge of New York driving laws and are adept at proving negligence across various accident scenarios, including car, truck, motorcycle, pedestrian, and cyclist accidents.

They will diligently gather evidence, comb through the police report, subpoena the distracted driver’s cell phone records, and analyze details from the accident scene. They may work with experts to reconstruct the crash. Moreover, they will negotiate with the insurance company and, if necessary, prepare your personal injury lawsuit for court to ensure you receive the compensation you deserve. Throughout this process, your Albany distracted driving accident lawyer will offer personal support, guiding you with compassion and dedication as you seek justice for your losses.

If you or a loved one has been injured in a distracted driving accident, you don’t have to navigate the legal process alone. At Bailey, Johnson & Peck, our experienced car accident attorneys are here to help you pursue justice and obtain the compensation you deserve. With our proven track record of success and our commitment to client advocacy, you can trust that your case is in good hands. 

Albany distracted driving attorney

Albany Distracted Driving Accident Attorney

After suffering from a driving accident, having the right legal representation on your side can make all the difference. At Bailey, Johnson & Peck, we understand the physical, emotional, and financial toll such accidents can take on victims and their families. That’s one of the many reasons our firm is committed to providing compassionate and personalized legal counsel tailored to each client’s unique needs and circumstances.

We want to help hold distracted drivers accountable for their actions and ensure victims receive the financial compensation they deserve for their losses. Whether you’ve suffered minor injuries or are facing long-term disabilities as a result of a negligent driver, we are here to offer guidance, support, and aggressive advocacy every step of the way.

Call our law office at 518-456-0082 or contact us online to schedule a free consultation with a distracted driving accident lawyer on our team.

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Our attorneys have extensive experience in personal injury law, including car accidents, slip-and-fall accidents, catastrophic injuries and wrongful death. If you have questions about insurance coverage and how to get the financial compensation you need, contact us today to see how we can help.

We have represented many clients on both sides of personal injury and insurance disputes. Let us use our depth of knowledge and experience to help you and your family get the medical care and financial compensation you need and deserve.