According to the NYPD’s Motor Vehicle Collision Report, distracted driving was the leading contributing factor in NYC crashes in July 2026. If you were injured in an accident due to someone’s distracted driving, you may be entitled to compensation! A Queens car crash attorney can help you determine who is at fault in an accident, build your case, and represent your interests. Be sure to reach out to a legal professional like those at Shaevitz & Shaevitz to learn what your case may be worth. Depending on the extent of your injuries and the other driver’s inattention, your compensation may be significant!
What Counts as Distracted Driving?
Distracted driving involves doing another activity that takes your attention away from driving. While distracted driving is a very common practice, the results can be devastating. According to the Centers for Disease Control (CDC), there are three main types of distraction while driving:
- Visual distractions: Any activity that involves taking your eyes off the road counts as a distraction. This includes looking at scenery instead of the road, reading text messages, and yes, even looking at your GPS.
- Manual distractions: Removing your hands from the wheel is also a distraction that may lead to accidents. Actions like opening packages, texting, and eating while driving take your focus away from the road.
- Cognitive distractions: When your mind drifts away from the primary task of driving, it’s a cognitive distraction. Anything can cause this type of distraction, from heated arguments with passengers to daydreaming to planning what’s for dinner. If your focus drifts from the road, an accident is more likely.
When drivers are distracted, they are less likely to notice other cars, road signs, signals, and even pedestrians or cyclists. If you’re in a car crash due to someone’s distracted driving, they may be liable for your injuries.
How NYC Distracted Driving Laws Affect Your Case
New York City mainly follows New York State laws on distracted driving. New York Vehicle and Traffic Law §§ 1225-c and 1225-d prohibit a driver from using their phone or any electronic portable device while operating a vehicle. This rule applies to more than just texting. Drivers are also prohibited from:
Talking on a handheld phone- Reading, sending, or browsing emails and texts
- Viewing or taking photos
- Playing mobile games
While New York may not have specific laws banning other distracted driving habits like eating while driving or daydreaming, these actions still matter to your case! You’ll need to demonstrate that the other driver was distracted, whether visually, manually, or cognitively.
Fortunately, you don’t have to prove this alone. With a Queens Car Crash Attorney at Shaevitz & Shaevitz, you can focus on recovery while we handle the rest.
Trust a Queens Car Crash Attorney With Your Compensation
First, we’ll help you file the necessary claims with the right party. In NYC, many people injured in a covered car accident may have access to no-fault benefits through Personal Injury Protection (PIP) Insurance. But the available coverage depends on the vehicle, the injured person’s status, and the circumstances of the collision. These no-fault benefits cover up to $50,000 per eligible person in basic economic loss, including medical bills, treatments, and lost wages resulting from the accident.
Then, if your injuries meet the serious injury threshold, you may be eligible for further compensation. However, it’s important to note that your percentage of fault will influence your eligibility for non-economic damages. In New York State, we operate under a modified comparative fault rule for car accident cases. This means that if you’re found more than 50% at fault for the accident, you are barred from non-economic damages, even if your injuries surpass the serious injury threshold.
Conversely, if the other party’s negligence contributed to the crash, they may be responsible for a share of your damages. In a distracted driving case, the key issue is whether the other driver’s inattention contributed to the collision.
To help establish the other party’s fault, we’ll need evidence of their distraction. As your car crash attorneys, we’ll collect evidence like phone records, dashcam or surveillance footage, eyewitness testimony, and police reports. By reviewing the information, we can create a reliable timeline that supports the claim that the other driver was at fault. Using this evidence, we will negotiate with the appropriate insurer of the at-fault party. If they refuse to pay you what you deserve, we are ready to take your case to court!
Injured in NYC by a Distracted Driver? Visit a Car Crash Attorney Like Shaevitz & Shaevitz
Distracted driving isn’t uncommon, but it is dangerous. In cases where someone’s distracted driving led to an accident, causing your injuries, you may be eligible for compensation! When you contact a Queens car crash attorney like those at Shaevitz & Shaevitz, they will collect evidence and build your case on your behalf. By demonstrating the fault of the other party, we can negotiate with the appropriate insurer to fight for the compensation you deserve.
Book a free consultation to start your journey towards fair compensation.
Connect with us on Instagram and Facebook for more information on the new modified comparative fault rules in New York.
