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Distracted Driving

Staten Island Distracted Driving Accident Lawyer

Distracted driving accounted for 12,935 car accidents in 2013 according to a report by the New York State Department of Motor Vehicles (DMV). In fact, it is the leading cause of accidents in New York and many other states.

Whether arguing with children or texting on a cell phone, the driver is doing something other than paying attention to the road and his or her surroundings. This presents a danger for everyone on the road and often causes car accidents and injuries to other drivers.

A Staten Island distracted driving accident lawyer can help you figure out who was responsible for your accident and how you should proceed.

Call the Police After an Accident

In minor accidents, you are not legally required to contact the police. However, it is always in your best interest to do so, especially if you think distracted driving may have been to blame.

The officer who arrives on the scene will note his or her observations and speak with all of the people involved. The accident report provides an unbiased account of what happened, and could be essential to your case later. If you believe the other driver was driving distracted, make certain to mention it to the officer so that it can be investigated and recorded in the accident report.

If you decide to pursue financial compensation, either you or your lawyer will need to obtain a copy of the accident report from the New York DMV. Whether you file a claim with your own insurance or a personal injury lawsuit against the other driver, the accident report can have a significant impact on your end settlement.

New York Laws and Distracted Driving

New York state laws require the use of a hands-free device if you use your phone while driving. When you suspect the other driver was distracted by their phone, it can be difficult to adequately prove. It can take a very experienced lawyer to build a strong case that successfully demonstrates this.

In New York, distracted driving is taken seriously. Drivers who cause accidents or injuries should be held responsible when their irresponsibility leads to injuries, damaged property, and even fatalities.

You Need an Experienced Accident Lawyer

Our Staten Island distracted driving accident lawyers have the experience it takes to manage car accidents and ensure you get the compensation you deserve. Seeking compensation not only helps you move forward, but it can also make other drivers understand how important it is to drive without distraction.

Contact an Attorney

If you or a loved one has been in a car accident because of a driver who wasn’t paying attention, you could be entitled to compensation for your injuries and damages. Our experienced lawyers at Greenstein & Milbauer, LLP can help.

Contact us online or call 1-800-VICTIM2 (842-8462) as soon as possible to get started.

Distracted Driving

Brooklyn Distracted Driving Accident Lawyer

While there is plenty to see and do in Brooklyn, if you plan to sightsee, people watch, or talk on your cell phone, you should take a cab rather than drive. Distracted driving is one of the top reasons that car accidents happen in the United States.

You not only have to ensure that you aren’t driving distracted, but you should also be prepared for other drivers on the road who are driving distracted. A distraction can be anything from talking on the phone to having an argument with someone in the car to eating a meal on the go.

If you get into a car accident because someone was driving distracted, contact a Brooklyn distracted driving accident lawyer.

New York Laws and Distracted Driving

New York takes distracted driving seriously. In the event of an accident involving distracted driving, there are legal charges that the person responsible could face, as well as being accountable for any expenses for injuries and damages caused.

While New York is a no-fault car insurance state, you still have the ability to seek compensation in certain cases. If the other driver happens to be charged with something related to distracted driving, it can help you demonstrate that you are not the one responsible for what happened.

This means that if you or your loved ones are injured because of an accident caused by a distracted driver, you could be entitled to compensation.

Determining Distracted Driving

Before any kind of determination is made regarding financial responsibility, it has to be demonstrated that someone did something wrong.

In distracted driving cases this can be difficult, but not impossible, to prove. A driver yelling at kids in the backseat or trying to get an excited dog to sit down doesn’t necessarily leave much evidence, which makes it especially important that you pay attention to what is going on around you.

Because distracted driving cases can be so complicated, it’s important that you have an experienced legal team on your side to ensure you get any compensation you deserve.

Splitting Responsibility After a Car Accident

Even in no-fault states, some of the fees and other financial obligations can be split based on who was at fault for the car accident.

For example, if you were sitting at a red light and someone hit you from the rear because he or she was talking on the phone, there is a good chance that the court will order the driver and his or her insurance company to cover 100 percent of the costs.

However, this would only happen once it is determined that the other driver was 100 percent responsible; it’s possible that the other driver could be found responsible for a smaller percentage, leaving you responsible for the remaining percentage of both responsibility and expenses.

Our experienced Brooklyn distracted driving accident lawyers may be able to demonstrate that the other driver was distracted and get you the most compensation possible.

Contact an Attorney

If you have been in a car accident that was caused by a distracted driver, let Greenstein & Milbauer, LLP help you get the justice you deserve. Contact us online or call 1-800-VICTIM2 (842-8462) as soon as possible to get started.

New York Car Accident Distracted Driving

New York Car Accident Distracted Driving

If you thought the number one cause of accidents in New York was drunk driving, you would be wrong. Although drunk driving is certainly dangerous, according to the statistical data from a 2014 report, the number one cause of accidents in New York is distracted driving. When you consider all of the other reasons that people might get into car accidents, knowing that most are caused by distracted driving also means knowing that most accidents could have been prevented. Because most car accidents involving distracted drivers are entirely preventable, those drivers should be held responsible for any injuries and damage that occurs.

Cell Phone and Other Distractions in Car Accidents

Cell phones are some of the most unnecessary distractions there are in a vehicle. Even when people don’t respond to texts and messages, the sound of the alerts can be distracting, especially when a person isn’t expecting it. It goes to a whole new level when people try to read and then respond to things when they are driving.

Then there are phone calls, which could easily be made by pulling over. Even when the call is made using a hands-free device, it is still a distraction. When all senses are focused on driving and nothing else, the chances for a successful trip increase dramatically. It isn’t just the act of talking on the phone that is distracting, but the emotions that go along with it. An emotional conversation can leave people with more attention invested in the phone call than in the act of driving.

GPS devices can also be distracting, even if they are helpful. There are only 83 instances of a GPS device being the cause of distraction that lead to an accident in 2014, but that’s 83 more than there needed to be. Most people who are distracted by the device aren’t distracted by listening to directions. Instead, they are distracted by interacting or adjusting the device. Anything that causes you to take your eyes from the road or your hands from the wheel, is considered a distraction.

Other Passengers Can Be Distractions

It isn’t just devices and “things” that cause distracted driving. People and animals can be distractions too. For example, tending to the needs of a small child in the back seat can be difficult to do when you are driving. In most cases, the driver is better off pulling over and dealing with the situation than to try and manage it while driving. This doesn’t just end the distraction for the moment, but can prevent future distractions as well. Animals that aren’t strapped in and other passengers in your car who want your attention can also be distracting, even when they are adults.

Distracted driving involves many activities, not just talking &/or texting on a cell phone or using a navigation system. Other examples of distracted driving include the following:

  • Adjusting a radio
  • Looking for music on your phone
  • Taking a video or photo
  • Eating while driving
  • Drinking while driving
  • Checking weather reports
  • Checking traffic reports
  • Reaching for something
  • Personal grooming

Keeping Your Eyes on the Road

In order to be safe on the road, it’s important to have all of your attention focused on the act of driving. When distracted driving car accidents are leading the way in the statistics involved in New York car accidents, it’s time to take a closer look at what drivers are doing behind the wheel of a car. It’s most important for drivers to remember that no matter how much experience they have or how long they have been driving, at the very least they need to be alert and focused enough to react to the drivers around them.

Repercussions of Distracted Driving

It isn’t just the threat of endangering other people’s lives. Drivers who are caught driving while distracted, or texting and driving, can face severe penalties like fines and fees and loss of driving privileges. For the drivers and other people on the road, distracted driving just isn’t worth taking the chance on. The most serious repercussion, however, is being responsible for another person’s injury, or even death, simply because you used your cell phone while you were driving.

The penalties for distracted driving in New York are as follows:

First offense: $50 – $200 fine plus five points

Second offense (within 18 months): $50 – $250 fine plus five points

Third offense (within 18 months): $50 – $450 fine plus five points

Distracted driving causes serious injuries. Common injuries caused by distracted driving include the following:

  • Traumatic brain injuries (“TBI”)
  • Spinal cord injuries
  • Paralysis
  • Fractured bones / broken bones
  • Amputations
  • Burn injuries
  • Nerve damage
  • Neck & back – soft tissue injuries
  • Internal organ damage
  • Knee & shoulder injuries
  • Wrongful death

Talk to Our Car Accident Lawyers For Help

If you or a loved one has been injured in a car accident that may have been caused by a distracted driver, the New York car accident lawyers at Greenstein & Milbauer can help.

We will compile the evidence necessary to prove that distracted driving caused your accident. Such evidence can include the following:

  • Cell phone records
  • Video surveillance
  • Eyewitness accounts
  • Expert testimony

If you or a loved one is a victim of an accident involving a distracted driver, contact the Distracted Driving Accident Lawyers at Greenstein & Milbauer, LLP for assistance. The Distracted Driving Accident Attorneys at Greenstein and Milbauer, LLP offer the experience, professionalism, and accessibility clients want and need when involved in an accident with a distracted driver. We have more than 25 years of personal injury legal experience and have recovered millions for our clients over the years. We handle all aspects of your case from start to finish.

If you are a victim of a distracted driving accident, don’t be a victim twice, call 1-800-Victim2 (1-800-842-8462).

Distracted Driving

Distracted driving is a common cause of car accidents in New York, and although just as dangerous, it doesn’t always result because of texting. Many drivers believe they can take their eyes off the road or hands off the wheel for a couple of seconds without causing any harm. However, if you have been in a car accident caused by a distracted driver, you already know this isn’t the case. It only takes a quick glance from the road to cause an accident resulting in major injuries and untold damage. If a driver has caused an accident because he or she was distracted, even for a second, you can be entitled to compensation for your injuries.

The Dangers of Distracted Driving

Car accidents caused by distracted drivers are an increasingly worrisome problem for anyone who is on the road. In the United States, nine people are killed, and at least 1,153 are injured in distracted driving accidents every day. In fact, in 2012, 421,000 people were injured in car crashes involving a distracted driver, and in the year before that, one in five crashes that injured someone involved distracted driving. It is a problem that can result in extremely severe injuries and can be fatal, for all involved – even those drivers who are diligent and careful about paying attention to the road while they are driving.

Types of Distracted Driving

If you have been in a car accident, you may not be aware of the different ways the driver may have been distracted before causing the accident. In addition to texting and cell phone use, which Attorney Rob Greenstein and other representatives have worked on to establish stricter legislation, other types of distracted driving are equally as dangerous. Eating while driving can cause the driver to take his or her eyes off the road, and other passengers in the car such as children or friends can distract the driver’s mind from driving safely and carefully.

Rubbernecking May Be Responsible for Your Accident

You’ve likely seen it happen many times while you are driving. An accident occurs in another lane, or you notice police and emergency vehicles around someone else. While our inquisitive natures might cause us to rubberneck, this can be a form of distracted driving that ends up resulting in your own accident. Drivers who crash into others simply because they are rubbernecking and staring at something other than the road before them can be held responsible for the accidents they end up causing.

Greenstein & Milbauer, LLP Can Help

While distracted driving car accidents may seem simple enough to navigate on your own, especially if the other driver outright admits to being distracted, receiving compensation for your injuries isn’t always so easy. You need an experienced team on your side, which can investigate and establish whether the accident was indeed due to another driver’s negligence.

If you have been in a car accident that may have been caused by a distracted driver, Greenstein & Milbauer can help. Contact us online or call 1-800-VICTIM2 (1-800-842-8462) for a free consultation.

Distracted Driving Accidents: Trucker Negligence

Distracted Driving Accidents: Trucker Negligence

While it’s never easy to navigate through a roadway filled with distracted drivers, it’s also very dangerous—especially when the distracted drivers are behind the wheel of a big-rig. Truck accidents in New York have skyrocketed in recent years, and the numbers are still climbing.

Recent high-profile cases, such as the accident involving comedian Tracy Morgan, have brought truck driver negligence to light. Whether the driver is tired, talking on a cell phone or simply “zoned out” and not paying attention, some truckers put everyone on the road at risk.

Distracted Driving Laws for Truck Drivers

The Federal Motor Carrier Safety Administration restricts truck drivers from texting and driving, but that doesn’t mean they always follow the rules. In fact, there are several rules in place for truck drivers that don’t apply to the rest of us, and each has been enacted (and even legislated) to keep other motorists safe. For example:

  • Truck drivers cannot drive more than 11 hours and must have 10 consecutive hours off-duty before driving those 11 hours when they’re carrying property.
  • Truck drivers can’t work more than 70 hours per week, and that number of hours is permitted only after 34 consecutive hours of off-duty time.

The National Highway Traffic Safety Administration says that 3,000 to 4,000 people die in truck and bus crashes each year in the U.S., and they attribute 13 percent of those deaths to fatigued drivers. That’s a significant data set—and according to the National Sleep Foundation, 37 percent of drivers admit to having fallen asleep at the wheel.

It’s not just about drowsy driving, though. The ordinary rules of the road apply to truck drivers, as well. Truckers can’t talk on the phone while driving, and they have to obey the speed limits outlined for trucks, which are often 5 to 10 miles-per-hour slower than they are for non-commercial vehicles.

More than 400,000 people are involved in distracted driving crashes annually, according to, the U.S. government’s hub for distracted driving facts.

But what if it happens to you?

What to Do if You’re Hit by a Distracted Truck Driver

We can’t control what other drivers do. Although there are several laws in place to prevent truck drivers from being negligent or driving while distracted, many truckers don’t follow them—and that puts you, your family and your friends at risk.

After any accident, the first thing you should do is seek medical care. Even if you think you aren’t hurt, you need to know that many injuries don’t show up right away. It can take hours, days or even weeks for an injury to show up. Among the most notorious truck accident injuries that postpone their appearance are:

  • Neck and spinal injuries. Whiplash is incredibly common after truck accidents, because the sheer force of the impact can force your head to move forward and then back. The muscles, nerves and tendons in your neck can become irreparably damaged in an accident, and if you’re in shock or if you’re full of adrenaline just after a crash, it can be difficult to tell that something’s wrong.
  • Concussions and brain injuries. When your brain hits the inside of your skull, it can take time for swelling or other trauma to manifest. You might even notice it weeks later, but some of the key symptoms of a traumatic brain injury include fatigue, changes in your sleeping patterns, and an inability to concentrate. You may also be dizzy, feel nauseous or have headaches that you didn’t have before the accident.

It can’t hurt to let paramedics treat you at the scene, and it may be an even better idea to let them transport you to a hospital where a physician can fully evaluate your condition. It’s always better to be safe than to be sorry.

As you’re waiting to be treated, pay attention to your surroundings as best you can. If there are witnesses, you may want to get their names and contact information. If you talk to police, make sure you get their contact information as well; you may need copies of their reports later.

Can You Sue a Truck Driver for Causing an Accident?

In many cases, particularly those that are caused by a negligent and distracted truck driver, you can sue. Although you may be reluctant to take legal action after an accident, suing can force the at-fault driver’s insurance company to pay for your hospital bills, your lost wages and the other expenses you’ve accrued as a result of the accident. Healthcare isn’t cheap, and when you’re missing work to recover from your injuries, your creditors don’t put the bills on hold.

Every case is different, so if you have been injured in an accident because a truck driver was distracted behind the wheel, it’s important that you talk to an attorney who can give you a complimentary case evaluation. The sooner you get help, the better off you’ll be.

To speak with Greenstein & Milbauer about your situation call 1-800-842-8462 (1-800-Victim2)

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