Distracted Driving Accident Attorney in Rochester, NY
Many of us drive every day, and we often forget what a risk it is. Distracted driving is rampant almost everywhere, with the advent of smartphones and other technology contributing significantly to the problem. If you are in Rochester or the surrounding area and have been injured by a distracted driver, you need an experienced Rochester distracted driving accident lawyer to get you the compensation you deserve.
About Gattuso & Ciotoli, PLLC
When you’ve been injured in an accident, you need strong, knowledgeable legal counsel to navigate your personal injury case. At Gattuso & Ciotoli, PLLC, we have over 50 years of experience that we can leverage to our clients’ advantage. Our firm can represent our Rochester clients in negotiations or at the Monroe County Supreme & County Courts, whichever is needed. We have detailed knowledge of New York’s distracted driving accident laws and a strong record of success. Let us put our skills to work for you.
Distracted Driving Statistics
Driving is a commonplace activity for most Americans. Getting behind the wheel of a car becomes so second-nature that some of us fail to remember the potential dangers we face if we don’t drive carefully. In 2023, 3,275 Americans were killed in car accidents where distracted driving was a contributing factor. Distracted driving contributes to the car accident deaths of an average of nine Americans every day.
This is a prolific problem in the United States, and the costs, both personal and economic, are high. In a single year, distracted driving crashes can result in upwards of $98 billion in damages. The problem is also intergenerational, with 47% of drivers admitting that they text while driving, including 39% of high school students.
With these staggering numbers, it is no wonder that distracted driving-related crashes result in a lot of personal injury claims each year. Fortunately, when you are injured because of someone else’s negligence, the legal system provides recourse for recovering your losses.
What Compensation Can You Get in a Distracted Driving Accident Case?
A distracted driving accident case is a personal injury case, so you can be compensated for financial losses as well as emotional or mental health-related damages. A person filing a claim for a distracted driving accident can seek compensation for the following:
- Medical bills. Compensation for medical bills should cover immediate medical care, such as an ambulance, emergency room costs, and emergency surgery, along with any ongoing care, such as physical therapy or rehabilitation.
- Lost wages. If a victim cannot work because of injuries sustained in an accident, their compensation should cover the wages they lost.
- Pain and suffering. Accident victims can seek compensation for pain and suffering that arose from their injuries. This is separate from the actual physical damage.
- Psychological distress. Many accident victims face significant psychological trauma, sometimes including post-traumatic stress disorder. Victims can ask for compensation to cover the cost of mental health treatment.
Hire a Distracted Driving Accident Lawyer
If you have been injured by a distracted driver, the first thing you should do is hire a distracted driving accident lawyer. Insurance companies generally do everything they can to avoid paying compensation. Communicating through an attorney is a great way to make a stronger impression from the beginning.
Even if you do get compensation from the other driver’s insurance company on your own, it is likely that it will not be enough, particularly if you have ongoing medical needs as a result of the accident. When filing a personal injury claim, having an experienced Rochester distracted driving accident attorney makes it much more likely that you can get the compensation you need to restore your life, as much as possible, to the way it was before the accident.
FAQs
How Is Pain and Suffering Calculated?
Pain and suffering is generally calculated using the multiplier method, the per diem method, or some combination of the two. With the multiplier method, the total financial damages are multiplied by a number, which is based on the overall impact of the accident on the victim’s life and health. In the per diem method, pain and suffering are calculated based on the amount of money the victim would usually make in a day.
Is New York an At-Fault State?
No, New York operates under a no-fault auto insurance system. This means that insurance policies include coverage for personal injuries that can be paid out, regardless of which party was at fault for the accident. However, these policies usually have limits that are easily exceeded by a serious injury, so the coverage is often not enough to fully compensate a victim.
How Much Does It Cost to Hire a Distracted Driving Accident Attorney in New York?
The cost for a distracted driving accident lawyer can vary widely, based on the complexity of the case and the lawyer’s individual rates. However, most lawyers who work with personal injury cases use a contingency fee structure. This means that there is no upfront fee for the lawyer’s services. Instead, the attorney receives a percentage of any compensation you get as a result of the claim.
Do Most Distracted Driving Accident Cases Go to Trial?
No, most distracted driving accident injury claims do not go to trial. This is true of personal injury cases in general. The vast majority never reach the inside of a courtroom. In most situations, if the case is strong, the at-fault party will much prefer to settle the case out of court because attorney and court fees are very costly. Your attorney can look at the details of your case and advise you on how likely it is that there will be a trial.
Get the Help You Need – Contact Gattuso & Ciotoli, PLLC
If you have been injured in a distracted driving accident, you may be overwhelmed by the prospect of pursuing compensation. Legal processes can be long, arduous, and complicated, but you do not have to face your situation alone. At Gattuso & Ciotoli, PLLC, we have the legal knowledge and experience to represent you, along with a winning case record to back it up. Contact us for a consultation today.