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Aggressive Lawyers for the Seriously Injured

Westchester Distracted Driving Accident

Located in the Hudson Valley, north of New York City, Westchester is a popular area for commuters. With historic architecture, beautiful state parks, top-rated school districts, and well-maintained neighborhoods, Westchester County is an appealing area. Unfortunately, with a population approaching $1 million residents, Westchester County distracted driving accidents occur daily.

Discuss Your Case With a Westchester County Distracted Driving Attorney

If you’ve been injured in a distracted driving car accident in Westchester County, you need an experienced attorney on your side. Attorney Michael LoGiudice will advocate for your rights to hold the distracted driver who caused your injuries fully accountable. He will work with you to investigate your case and develop a legal strategy to obtain all of the money you need and deserve. Contact Michael LoGiudice, LLP today to schedule your free national consultation to learn more about your rights.

Holding Distracted Drivers Accountable

When a driver becomes distracted, he or she runs the risk of putting everyone else on the road in danger of becoming intrigued. If you’ve been injured because of another driver’s negligence, it’s important that you protect your right to financial compensation. Hiring a distracted driving attorney will give you the edge you need to maximize your financial recovery. 

Attorney Michael LoGiudice has decades of experience fighting for Westchester County car accident victims just like you. He knows what steps he needs to take to get the results his clients deserve. When you work with Michael LoGiudice, You will rest assured that he will advocate for you while you focus on your recovery. When handling your Westchester County distracted driving case, he will:

  • Search for direct evidence proving the other driver was distracted
  • Find an interview any Witnesses who may have seen the distracted driver in action
  • Determine if other factors may have contributed to the car accident
  • Limit the effectiveness of any claims from the defendant that you caused the accident
  • Negotiate strongly with the insurance company for the best settlement offer possible
  • Argue your case in front of a jury if your case goes to trial

Common Causes of Distracted Driving

Distracted driving is one of the most dangerous types of negligent driving. any time a driver takes her eyes off of the road while operating a motor vehicle, he or she is engaging in distracted driving. Distracted driving can include physical distraction through text messaging, eating, or operating a GPS system while driving. It can also include a general lack of focus, such as daydreaming out the window while driving. Many different behaviors fall into the category of distracted driving, including:

  • Checking, writing, or sending a text message
  • Talking on a cell phone
  • Drinking or eating while driving
  • Applying makeup 
  • Changing the radio station
  • Watching videos 
  • Using a GPS or navigation system
  • Talking to other passengers, including children in the backseat
  • Getting dressed or undressed

New York’s Distracted Driving Laws

Many of the most dangerous types of driver distraction are legal in New York. New York recognizes that distracted driving puts motorists, passengers, pedestrians, and everyone else on the road and danger. Under New York state law, it’s illegal to use a mobile phone or portable electronic device while driving. Writing or reading text messages, talking on the phone, sending emails, taking photos, viewing photos, and watching videos are all illegal if you are driving. 

The only exception to this rule is to use your phone to make an emergency call to 911, medical professionals, police officers, or the fire department. drivers who violate this law will be ticketed and have five points added to their license. If the driver who caused your accident was distracted by using a cell phone, you can use evidence of their legal violation to prove that they acted negligently. This legal theory is called negligence per se and it will help you in your claim to recover compensation.

Proving Liability in a Distracted Driving Lawsuit

Anybody who operates a motor vehicle in New York City has a duty to drive reasonably under the circumstances. Drivers must maintain a reasonable level of care and caution to minimize harming other people on the road. When drivers are distracted while driving, they breached their duty of care. Under New York law, victims of distracted drivers can recover compensation. The plaintiff who brings a personal injury lawsuit needs to prove that the distracted driver’s breach of care caused their injuries. When the plaintiff can establish negligence, they can recover financial compensation from the at-fault party or parties. 

In some cases, more than one party is liable for your injuries. Suppose a trucking company hired a truck driver with a history of texting and driving. The company never looked up the driver’s record so they didn’t know about his tickets for texting while driving.  the driver causes an accident while texting. In that case, the victim would be able to see compensation from the truck driver and his employer. Attorney Michael LoGiudice, LLP we’ll investigate your case and determine who is at fault to determine the best way to pursue the most amount of compensation in your case.

Recovering Compensation in a Distracted Driving Lawsuit

Plaintiffs and distracted driving lawsuits in Westchester County are entitled to several types of damages. Economic damages include easily quantifiable expenses caused by the injury, such as current and future medical bills and lost income and wages. Plaintiff can also pursue the cost of Rehabilitation and recover compensation for non-economic damages such as disability, emotional distress, pain, suffering, and more.  We work with experts to determine all of our clients’ financial damages due to their injuries, including future expenses. 

Contact a Westchester County Distracted Driving Attorney

An unexpected distracted driving car accident can change your life permanently. It only takes a few seconds for a distracted driver to cause devastating injuries. If you or your loved one have become seriously injured in a Westchester distracted driving accident, Michael LoGiudice is here to help. He has a proven track record of obtaining millions of dollars in compensation for clients just like you. Contact him today to schedule your free initial consultation.

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