New York Distracted Driving Accident Lawyer
CASE RESULTS
$10,581,576
MILLION
Guaranteed lifetime payment secured for an eleven-year-old girl from the Caribbean who was seriously injured after being struck by a van while crossing the street. The client sustained a fracture of the left wrist and underwent surgery to her knee and lower back.
You were paying attention. The other driver was not.
Being hurt by someone who was texting, scrolling, or otherwise distracted is one of the most frustrating situations an injury victim can face. The cause was completely preventable. And now you are dealing with the consequences.
The Law Offices of Omrani & Taub, P.C. represents people injured by distracted drivers across New York City and Westchester County. Our team has handled these cases for more than 25 years, from Queens to Manhattan to Brooklyn and beyond. Consultations are free, available 24 hours a day, and you pay nothing unless we recover compensation for you.
Call us now: (718) 714-1515
Do You Need a Lawyer If a Distracted Driver Hit You in New York?
Yes, and the sooner you reach out, the better your case will be. Evidence of distracted driving disappears fast. Phone records get harder to obtain. Witness memories fade. Insurance companies start building their defense the moment a claim is filed.
If you were hit by a distracted driver in New York, you likely have two separate claims to navigate. First, your no-fault insurance, also called Personal Injury Protection or PIP, covers initial medical expenses and a portion of lost wages regardless of fault, up to $50,000.
Second, if your injuries are serious under New York law, you have the right to sue the at-fault driver directly for pain and suffering and additional damages beyond what no-fault covers.
Navigating both at the same time, while also recovering from an injury, is exactly what an attorney handles on your behalf.
Call (718) 714-1515 for a free case evaluation. We are available 24/7.
How Do Lawyers Prove a Driver Was Distracted?
Lawyers prove distracted driving through cell phone records, traffic camera footage, witness statements, and police reports, often starting with a formal request for the driver’s phone data in the weeks after the accident.
Proving distraction is not always obvious from the scene alone. A skilled attorney builds the case using multiple sources of evidence, starting immediately.
Can Phone Records Be Subpoenaed in a New York Accident Case?
Yes. Cell phone records are among the most powerful evidence available in distracted driving cases. If a driver was on their phone at the time of a crash, their carrier records will show it. In litigation, attorneys can formally request these records through a process called discovery.
Timing data from the records can establish whether the driver was actively using their device in the seconds before impact.
What Other Evidence Supports a Distracted Driving Claim?
Beyond phone records, attorneys look for:
- Traffic and security camera footage from nearby businesses, intersections, and MTA cameras across the five boroughs. This footage is often overwritten within days.
- Witness statements from people who saw the driver looking down, holding a phone, or otherwise not watching the road.
- The police report, which may note the driver appeared distracted or cite them for a cell phone violation.
- The driver’s own statements at the scene and to insurance adjusters.
- Data from the vehicle’s event recorder, if the car is equipped with one.
Omrani & Taub maintains investigators ready to move immediately. Getting to the scene quickly, securing footage, and identifying witnesses before they disappear makes a measurable difference in these cases.
What Compensation Can You Recover After a Distracted Driving Accident in NYC?
Distracted driving accident victims in New York can recover medical expenses, lost wages, pain and suffering, and other damages, with no cap on non-economic damages in most cases.
Economic damages include past and future medical expenses, lost wages during recovery, reduced future earning capacity if injuries affect your ability to work long-term, and other out-of-pocket costs tied to the accident.
Non-economic damages cover pain and suffering, emotional distress, permanent disability, disfigurement, and loss of enjoyment of life. In cases involving a spouse, loss of consortium, meaning the impact the injury has had on the marital relationship, is also recoverable.
What If No-Fault Insurance Does Not Cover All My Injuries?
When no-fault benefits run out, you can file a direct lawsuit against the at-fault driver if your injuries qualify as serious under New York law.
New York’s no-fault system covers up to $50,000 in medical expenses and 80 percent of lost wages. For serious injuries, those limits are often exhausted quickly.
When that happens, and when your injuries qualify under New York Insurance Law Section 5102(d), including fractures, significant limitations of a body system or function, or permanent consequential limitations, you have the right to file a lawsuit for full pain and suffering compensation and additional damages that no-fault does not pay.
An attorney helps you pursue both tracks at the same time so neither is left on the table.
How Long Do You Have to File a Distracted Driving Claim in New York?
Most distracted driving accident claims in New York are subject to a three-year statute of limitations under New York Civil Practice Law and Rules Section 214. This means you have three years from the date of the accident to file a lawsuit.
Important exceptions apply. If a government vehicle such as an MTA bus or a city-owned car was involved in the accident, you must file a Notice of Claim within 90 days of the incident. Missing this shorter deadline can bar your claim against the government entity entirely, even if you are still within the three-year period.
For injured minors, the three-year period does not begin until the child turns 18.
Do not wait until the deadline is close. Evidence has its own, much shorter window.
Call (718) 714-1515 now. Free consultation. Available 24/7.
What Is New York's Law on Distracted Driving?
New York prohibits handheld cell phone use and electronic device use while driving under New York Vehicle and Traffic Law Section 1225-d. The law applies to talking, texting, browsing, and any other interactive use of a handheld device while the vehicle is in motion.
Violating this law is a traffic infraction in New York. According to the National Highway Traffic Safety Administration, distracted driving claimed 3,275 lives in a single recent year nationally, and phone-based distraction is a leading factor in crashes across urban areas including New York City.
Does a Cell Phone Ticket Help Your Injury Case?
Yes, significantly. A citation for cell phone use establishes that the driver violated a New York traffic statute. In civil cases, that violation can be used to support a finding of negligence per se, meaning the breach of a legal duty is established by the statutory violation itself, without needing to separately prove carelessness. This shifts the liability argument in the injured person’s favor.
Even without a ticket, an attorney can build the distraction case through independent investigation. A citation simply makes the argument stronger and harder for the insurance company to contest.
Ask Omrani and Taub
Q: Can I sue a driver in New York if they were texting when they hit me?
A: Yes. If a driver violated New York Vehicle and Traffic Law Section 1225-d by using a handheld device at the time of the crash, that violation supports a negligence claim. You can sue for medical expenses, lost wages, pain and suffering, and other damages, provided your injuries meet New York’s serious injury threshold for a pain and suffering claim. Call (718) 714-1515 for a free evaluation.
Q: How do I know if my injuries are serious enough to file a lawsuit in New York?
A: New York’s serious injury threshold includes fractures, significant or permanent limitations of a body system or function, disfigurement, and certain other categories defined in Insurance Law Section 5102(d). A traumatic brain injury, spinal injury, or injury requiring surgery typically qualifies. An attorney reviews your medical records and tells you where you stand. The consultation is free.
Q: Can I still get compensation if the distracted driver who hit me was also a commercial vehicle or delivery driver?
A: Yes, and you may be able to pursue additional parties beyond the driver. If the driver was working at the time of the crash, their employer may share liability. Trucking and delivery companies are subject to additional federal and state regulations. An attorney investigates every potentially responsible party, which can significantly increase the total compensation available to you.
Q: What should I do first after being hit by a distracted driver in New York?
A: Seek medical care the same day, even if injuries seem minor. Report the accident to police and obtain the report number. Do not give a recorded statement to the insurance company before speaking with an attorney. Contact a lawyer as soon as possible.
Camera footage is typically overwritten within 24 to 72 hours. The no-fault application must be filed within 30 days of the accident. Early action protects both your health and your claim.
Why Clients Choose Omrani and Taub for Distracted Driving Cases in New York
Omrani and Taub P.C. has represented injured New Yorkers since 1998. Our attorneys have handled car accident claims, pedestrian crashes, brain injury cases, and distracted driving cases in state and federal courts, before juries, and in settlement negotiations with New York’s major insurance carriers.
Founding partners Alex A. Omrani and Michael A. Taub are recognized by Super Lawyers for personal injury and medical malpractice.
What that means for your case:
- We move immediately. Investigators are deployed to secure footage and document the scene before it is gone.
- We subpoena cell phone records and obtain vehicle data early in the process.
- We handle all communication with the insurance company while you focus on your recovery.
- Our multilingual staff serves clients in Spanish, Russian, Farsi, Mandarin, Cantonese, Hebrew, Bengali, Urdu, and Korean.
- We work on contingency. You pay nothing unless we recover.
Frequently Asked Questions About Distracted Driving Accidents in New York
How much does it cost to hire a distracted driving accident lawyer in New York?
Nothing upfront. Omrani and Taub handles distracted driving accident cases on a contingency fee basis, meaning there is no legal fee unless we recover compensation for you. The initial consultation is free and available 24 hours a day. You can call, fill out a contact form, or visit any of our offices in Queens, Manhattan, or White Plains.
Can I still recover compensation if I was partly at fault for the distracted driving accident?
Yes. New York follows a pure comparative fault rule. Even if you were partially responsible for the crash, you can still recover compensation. Your award is reduced by your percentage of fault, but there is no threshold that bars recovery.
If you were 20 percent at fault and your total damages are $100,000, you recover $80,000. Insurance companies routinely overstate the victim’s fault to reduce what they pay. An attorney challenges those assignments with the evidence.
What if the distracted driver does not have enough insurance to cover my injuries?
Your own underinsured motorist coverage, known as UIM, can cover the gap when the at-fault driver’s policy is insufficient. An attorney reviews every available coverage source across all applicable policies to identify the full compensation available. In some cases, multiple liable parties may exist, such as a driver’s employer if they were working at the time of the crash.
Can I file a claim if I was a passenger when a distracted driver caused the accident?
Yes. As a passenger, you were not at fault for the crash. You can file a no-fault claim through the vehicle’s insurance, and you can pursue a personal injury lawsuit against the at-fault driver, whether that is the person whose car you were in or the driver of another vehicle. Passenger claims are often among the clearest cases to pursue because no fault can be attributed to the passenger.
Ready to Talk to a New York Distracted Driving Accident Lawyer?
Someone else’s choice to look at a screen changed your life. You should not have to absorb those consequences alone.
The Law Offices of Omrani & Taub, P.C. has offices in Queens, Manhattan, and White Plains. We represent distracted driving accident victims across New York City and Westchester County. The consultation is free. You pay nothing unless we recover.
“Don’t Settle For Less, GET JUSTICE!”
Call (212) 714-1515. or contact us online to speak with a New York distracted driving accident lawyer today. Available 24 hours a day, seven days a week.
80-01 Broadway, Elmhurst, NY 11373 | 488 Madison Ave, New York, NY 10022 | 76 S Lexington Ave, White Plains, NY 10606
Our team at The Law Offices of Omrani & Taub, P.C. serves clients across New York City, Elmhurst, White Plains, and the surrounding area. We offer free consultations in English and Spanish, and you pay no fees unless we recover for you.
Pick up the phone when you’re ready. We’ll handle the rest.
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