Have You Been Hit by a Distracted Driver in New York? Here’s What You Need to Know.
Distracted driving has become a serious and growing problem on New York roads. If you’re here, you or a loved one may have been injured by a distracted driver—and you’re likely overwhelmed and looking for answers.
You’re not alone.
At our firm, we’ve seen the devastating impact of distracted driving firsthand. It’s more common than you think—just look around any street in New York and you’ll spot drivers texting, checking emails, or doing anything but focusing on the road. Unfortunately, these distractions can lead to serious accidents and life-changing injuries.
If you’ve been in an accident caused by a distracted driver, here are six critical steps you need to take right away:
1. Prioritize Medical Care—Your Health Comes First
Your number one priority should be getting medical attention. Even if your injuries seem minor, get checked out by a doctor immediately. In New York, seeking prompt medical care is also key to protecting your legal rights—especially if you plan to file a no-fault or personal injury claim.
If your child or another loved one was injured, make sure they receive the care they need too. Everything else can wait.
2. Obtain a Copy of the Police Report
The police report is essential. It will include:
- Insurance information for the other driver
- Any traffic violations issued at the scene
- Witness names and contact details
In New York, this report is often a key piece of evidence in personal injury cases. You can usually get it through the local precinct or the NYS DMV crash report portal.
3. Track Down Witnesses Early
Witnesses are crucial. Their memories fade quickly, and they may relocate or become unreachable. The sooner you or your attorney contacts them, the better.
Ask witnesses to provide written or recorded statements. These can be powerful tools to support your case, especially if the other driver denies responsibility.
4. Contact the District Attorney If Criminal Charges Are Involved
If the other driver was ticketed or charged (such as for texting while driving or reckless endangerment), reach out to the District Attorney’s office handling the case.
In New York, victims of traffic-related crimes can provide input on plea deals. Your involvement may help prevent the driver from pleading down to a minor non-moving violation like “parking on pavement.” This could have a major impact on your case and your ability to recover damages.
5. Get a Certificate of Disposition
If charges were filed, request a Certificate of Disposition from the criminal court. This document shows how the case was resolved and can be used to prove that the driver was found at fault.
This type of evidence is often helpful when negotiating with insurance companies or presenting your case in court.
6. Be Cautious When Dealing with Insurance Companies
Soon after the accident, you’ll likely be contacted by the other driver’s insurance company. They may sound helpful—but remember, they are not on your side.
Their goal is to pay as little as possible. Don’t rush into a settlement, especially if you’re still receiving medical treatment or don’t fully understand the extent of your injuries.
In New York, once you accept a settlement, you usually cannot go back and ask for more—even if your condition worsens later. So take your time, and don’t sign anything without talking to an attorney.
Need Help? We’re Here for You.
Navigating the aftermath of a distracted driving accident can be confusing and overwhelming—but you don’t have to go through it alone. This is what we do every day.
If you’ve been injured in a distracted driving accident in New York, give us a call. We’re here to help you understand your rights, deal with the insurance companies, and get the compensation you deserve.