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Every day, distracted drivers cause serious accidents on Brooklyn’s busy streets. When a negligent driver takes their attention off the road—whether to text, make a call, or adjust their GPS—other people can suffer serious injuries. Parker Waichman LLP represents accident victims throughout Brooklyn who have been harmed by distracted drivers. Our Brooklyn distracted driving accident lawyer handles these cases on a contingency fee basis, meaning you pay no attorney’s fees unless compensation is recovered on your behalf.
Parker Waichman LLP handles motor vehicle accident cases in Brooklyn and throughout New York, including claims involving alleged distracted driving. The firm reports recovering substantial amounts for clients injured in car and pedestrian accidents and states that it has obtained more than $2 billion in recoveries across its practice areas. The examples listed, such as multi-million-dollar auto and pedestrian results, are illustrations of past outcomes; results in any new case will depend on its specific facts and evidence.
The firm’s Brooklyn office serves local clients and emphasizes familiarity with borough traffic and roadway conditions. Its team includes attorneys with years of litigation experience and peer-recognized credentials. All cases are handled on a contingency fee basis, so clients do not owe attorney’s fees unless there is a recovery.
Distracted driving refers to operating a vehicle while attention is diverted from the primary task of driving. Common examples include texting, dialing or talking on a phone, adjusting in-car systems, eating or drinking, or focusing on something other than the road and surrounding traffic. These behaviors can be manual (hands off the wheel), visual (eyes off the road), or cognitive (mind off driving).
In a dense urban environment like Brooklyn—where traffic congestion, pedestrians, cyclists, parked vehicles, and intersections are common—driver distraction can quickly lead to collisions. Activities such as looking down at a phone, reaching for an item, or being preoccupied with non-driving tasks can reduce reaction time and awareness, increasing the risk of rear-end crashes, sideswipes, and cyclist impacts.
Crashes involving distracted drivers can result in a wide range of injuries, from relatively minor soft-tissue strains to more serious harm. Common injuries include whiplash and other neck and back strains, fractures, concussions or other traumatic brain injuries, internal injuries, and, in more severe cases, spinal cord injuries or long-term impairment. Psychological effects, such as anxiety or post-accident stress, are also common for some victims.
In a personal injury claim arising from a distracted driving crash, recoverable damages typically fall into two broad categories. Economic damages may include medical expenses, rehabilitation costs, lost wages, and other out-of-pocket financial losses. Non-economic damages may address pain and suffering, loss of enjoyment of life, and other impacts on daily activities and relationships, subject to New York’s no-fault rules and serious-injury standards.
To pursue compensation in a distracted driving case, an injured person generally must prove the traditional elements of negligence: that the driver owed a duty of care, breached that duty, that the breach was a proximate cause of the accident, and that the plaintiff sustained compensable damages. All drivers owe others on the road a duty to operate their vehicles with reasonable care and attention.
Evidence that may support a claim of distraction can include mobile-phone records, witness statements, police documentation, on-board or nearby video where available, and accident-reconstruction analysis. Because some information—such as digital records or third-party video—may be time-sensitive, early investigation can be especially important. New York follows a comparative negligence system; if an injured person is found partially at fault, any recovery may be reduced in proportion to their percentage of responsibility rather than barred completely.
According to the law, New York prohibits certain uses of handheld electronic devices while driving, including texting and other handheld phone use, subject to limited exceptions. A traffic citation or other proof that the at-fault driver was using a prohibited handheld device at the time of the crash can be relevant in a civil case as evidence of a breach of the duty to drive safely, even though traffic and criminal proceedings are separate from civil claims.
It is important to distinguish between a traffic violation and civil liability. A driver may face a fine or other penalties for a handheld-device offense, but the existence or outcome of that violation does not by itself determine the amount of compensation in a civil case. Conversely, even if a driver is not charged or convicted of a traffic offense, they may still be found civilly liable based on the broader negligence evidence.
Distracted driving is a broad term covering any behavior that takes a driver’s attention away from safely operating the vehicle. This can include texting, talking on a phone (especially when handheld), eating, adjusting navigation or audio systems, interacting with passengers, or becoming lost in thought to the point that attention to the road is reduced. Some of these behaviors, particularly handheld phone use, are specifically restricted under New York law.
Yes. Under New York’s comparative negligence rules, an injured person may still recover compensation even if they share some responsibility for the crash. Any monetary award may be reduced in proportion to the percentage of fault. For example, if a plaintiff is found 20% responsible and the full damages are assessed at $100,000, the net recovery would be reduced to $80,000.
In many New York personal injury cases, including car accidents, the general statute of limitations is three years from the date of the accident. However, circumstances can alter deadlines—such as when a municipal entity is involved or when wrongful-death claims are at issue—and there are often much shorter timelines for certain notices. Speaking with an attorney promptly helps ensure that key time limits and procedural requirements are met.
Useful evidence can include cell-phone records (where obtainable), witness accounts, police crash reports, photographs or video of the scene, data from vehicle systems, and expert reconstruction of how the collision occurred. Sometimes, circumstantial evidence—such as a lack of braking marks or a driver’s statements immediately after the crash—also supports an inference of distraction.
The value of any particular case depends on several fact-specific factors, including the severity and permanence of injuries, the amount of medical treatment and bills, the degree of impact on work and daily life, any long-term disability or limitations, and the available insurance coverage. An attorney typically reviews medical records, billing information, employment documentation, and future-care projections before offering an estimated settlement range.
Many distracted-driving claims are resolved through insurance negotiations and settlements without a trial. However, if the insurance company disputes liability or damages or does not offer a reasonable settlement, litigation may be necessary. Law firms that handle these cases generally prepare as though a case could go to trial, which can also strengthen their position in settlement discussions.
A denial is not necessarily the end of a claim. An attorney can review the basis for the denial, gather additional evidence, challenge disputed issues, and, if appropriate, file a lawsuit to have the claim evaluated in court. Legal representation can help ensure that the insurer’s coverage positions and liability arguments are tested rather than simply accepted.
If a distracted driver injured you in Brooklyn, Parker Waichman LLP offers free consultations to review your circumstances, explain your options, and discuss potential next steps. The firm handles these matters on a contingency fee basis, so you do not pay attorney’s fees unless compensation is recovered in your case. Call 800-968-7529 to schedule a consultation and learn more about how Parker Waichman LLP can assist with your distracted driving accident claim.
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If you or a loved one has been injured in an accident or have been injured by another party in some other way, we are here to stand up for your rights. Our personal injury attorneys have been representing injury victims and their families in Long Island and throughout the nation since the early 1980s.
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2 months ago
I’m a 9/11 first responder, and I can honestly say that Parker Waichman made me feel like they had my best interest in my VCF case. Ms Candalino & Ms Viti are top notch in my book. I was constantly informed on the status of my case. I would definitely recommend Parker Waichman LLP to family and friends.
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