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NYC Distracted Driving Accident Lawyer

Headshot of Jeremy Schiowitz
Written by Jeremy Schiowitz

Personal Injury Lawyer at Isaacson, Schiowitz & Korson, LLP.

Over 20 years of experience in Personal Injury.

Graduated from Brooklyn Law School: Juris Doctor, 2003.

A lot of drivers lose focus on the road, leading up to sometimes fatal car accidents. Most car accidents can be attributed to driver error. It is estimated that 94% of motor vehicle accidents are caused by driver error, resulting in more than 2 million accidents. Distractions are anything that takes your attention off of the road. There are three types, which include visual, manual, and mental. Once a driver’s eyes leave the road, they are vulnerable to colliding with other automobiles, obstacles, and pedestrians. If you look away from the road for more than two seconds, this doubles your risk of a car crash. When the other party has been negligent and is at fault for your accident, a reliable NYC attorney can help prove how they caused your accident. They do this by investigating the car accident and finding evidence tying the other driver’s accidents to your damages. To learn more on how to get started, speak to our trusted attorneys by calling Isaacson, Schiowitz & Korson, LLP now. 

What is Distracted Driving? 

Distracted driving happens when a driver stops paying attention to the road. Drivers become distracted when they shift their focus away from the task of driving and onto another activity. Cell phone use and texting are frequent causes of distracted driving.

There are three types of distracted driving; this includes manual, visual, and mental distractions. 


Visual distractions happen when you take your eyes off the road and look at something other than the road.


When you take your mind off driving, this serves as a cognitive distraction. Preventing you from paying attention to the road.


Taking one or both hands off your wheel is a manual distraction that prevents you from maneuvering your vehicle correctly. 

Distracted Driving

Common Distractions That Cause Accidents

There are several ways that drivers become inattentive to their environment because of common distractions. Forms of distracted driving include the following: 

Adjusting The Radio Or AC

You might stop paying attention to the road when you look at your radio while tuning to a station. If you are changing the temperature inside your car, this can also cause you to take your eyes off the road temporarily. 

Drinking And Eating

While eating or drinking can appear to be harmless while driving, doing these activities can still cause an accident. For example, if a driver spills hot coffee on themself, this can cause them to take their eyes off the road and even swerve into other lanes. 

Using A Cellphone

Cellphone usage is one of the biggest forms of distraction while driving. Drivers can cause accidents because they are texting, emailing, playing games, taking photos, recording videos, and making phone calls. In the state of New York, drivers must use only hands-free devices when they are using their cell phones. The use of any handheld device while driving is illegal in NY. 

Interacting With Passengers

It can be difficult to pay attention to the road when the driver frequently interacts with their passengers. This can especially be the case if there are small children or animals in the back seat. It is better to pull over to the side of the road to deal with other passengers rather than risk a car crash. 

GPS Navigation 

When drivers map out their destination, they can cause an accident by constantly looking at the GPS navigation screen. They may be confused or lost, which can force them to drive erratically and only pay attention to the directions rather than the road. 

Makeup And Grooming

When rushing to an event, work, or social outing, drivers may attempt to put on makeup or comb their beards while driving. Because this requires focus, drivers can easily get into an accident while doing these activities. 

When should you get a lawyer for a car accident in New York? 

As soon as you’ve been in a distracted driving accident, you will need an attorney to prove that you are not at fault. You should consult with a qualified attorney as quickly as possible to learn about your choices and determine whether you may be eligible for a settlement. 

Can you sue for a car accident in NY? 

According to New York’s no-fault statute, regardless of who was at fault for the accident, insureds are often compensated by their insurance company for damages. You can sue the other party’s insurance company for your damages. Any lawsuits resulting from auto accidents can only be launched for monetary losses that go beyond non-fault benefits and can be used for non-economic damages if your injury was severe enough. The typical statute of limitations for personal injury lawsuits in New York is three years. 

What percent of accidents are blamed on distracted driving? 

Around 8% of fatal accidents are caused by distracted driving. About 3,142 individuals died because of a distracted driving accident in 2020. They also cause 14% of personal injury car accidents and 13% of all police-reported auto accidents. 

How common is distracted driving? 

Distracted driving is very common, but this activity is dangerous and should not be practiced. Thankfully, the number of accidents caused by distracted driving is declining year by year. 

Car accident by distracted driving

What To Do After a Distracted Driving Accident 

Every day, 9 people are killed because of distracted drivers. Here is what you should do after you’ve been in an accident. 

Call 911

Dial 911 to ask for an ambulance and police if you are able to. Even if nobody feels like they’ve been gravely hurt, this is still important. It can take time for you to experience the effects of the accident, especially if you have soft tissue injuries. 

Get Medical Help

It’s crucial to concentrate on your recuperation. Get assistance from a medical professional who can treat your wounds. Your doctor will let you know all of your injuries. Medical bills are considered a form of evidence. 

Gather Contact Info

You will need contact information from the other driver and any eyewitnesses. Let the other driver tell you who their insurance company is as well. 

Take Pictures

Take photographs of your car’s damage, the accident scene, and other involved cars. Your attorney will later analyze this evidence to find additional proof. 

Speak to Insurer

Let your car insurance company know that you were harmed in a distracted driving accident. They may be able to cover some of your property damage and, in some cases, medical bills.

Contact Attorneys

Find out how much you are owed in settlement money from a reliable distracted driving attorney. After an initial consultation, your attorney can let you know how much your damages are. They will also do all of the work negotiating your settlement while you focus on recovering from your wounds. 

How can an attorney help you?

Attorneys help guide you through your distracted driving claim by performing the following:

Filing Subpoenas

Your attorney can find out if the other party was illegally using their phone while driving. They can subpoena the other party’s phone company to retrieve their texting and phone usage history. 

Analyzing Video Footage

If there were any traffic cameras in the area, they may have caught the other driver taking their eyes off the road. 

Analyzing Photos 

Your attorney can figure out how the accident happened and explain how the other party is at fault.

Speaking To Eyewitnesses

Attorneys speak to eyewitnesses to obtain testimonies to support your claim.

Calculating Your Damages

All of your economic and non-economic damages can be properly estimated, so you receive fair compensation. 

Negotiating Your Settlement

Attorneys will negotiate a settlement with all involved parties without you lifting a finger.

Representing You In Court 

If the other party refuses to settle, your attorney will file a lawsuit on your behalf.

Work With NYC Distracted Driving Accident Attorneys Today

Find out how you can get maximum compensation with our dedicated law firm. Don’t worry about paying us until after you win your settlement. We work on a contingency fee basis for your convenience. Call Isaacson, Schiowitz & Korson, LLP now for a free consultation.