Category: Car Accidents

Car accidents open a world of complications for victims who must deal with a host of issues like getting medical attention, dealing with insurance, and replacing their vehicles. The process can be overwhelming and confusing as the victim struggles to understand what steps they should take. Fortunately, experienced counsel can walk you through the process by handling the legal paperwork and working for a fair amount of monetary compensation.

Were you injured in a car crash and you’re not sure what to do next? Start with the trusted advocates of Carden Dotzler Hammond, PLLC. Here we explain how we represent clients in their automobile accident claims.

Handling the Insurance Companies and Legal Paperwork

There’s a good chance that the insurance company representing the at-fault party (whether it’s a driver or someone else) is not going to make you a settlement offer that fairly compensates you for your medical and property losses. Additionally, speaking to these companies on your own is risky because they use a number of tactics to try to obtain and use information against you. It’s better to allow a knowledgeable car accident lawyer to handle the insurers so you can focus on your recovery.

The same is true for all legal paperwork that you, as the victim, must file with the courts. As dedicated personal injury attorneys, we understand not only the substantive laws concerning car crash claims but also the court rules and procedures that govern the filing, service, and litigation process. We take care of all court paperwork so you don’t have to worry about it.

Mediation and Negotiation

Even if a lawsuit is filed against the at-fault party, there is no reason that the matter will inevitably go to trial. Courts in Syracuse encourage parties to negotiate and mediate their claims so parties can avoid the time, stress, and money of extensive litigation. During mediation, a neutral third party mediator will facilitate settlement discussions to try to reach a fair resolution to the matter.

Legal counsel can represent you during mediation and it is strongly advised that you do have a lawyer since the mediator cannot provide legal advice. Our car accident lawyer can serve in this role by advising you of the consequences of accepting a proposed settlement and negotiating on your behalf for the best possible terms. That way, you can make the ultimate decision of whether to settle the case or proceed to trial.

Understanding the Value of Your Case

As seasoned car accident lawyers, we understand how to determine a fair value of a crash victim’s claim. Many of a victim’s losses will not take effect until months or even years after the accident is over. Some examples of these future damages are medical expenses (e.g. long-term care, nursing, and disability) and lost earning capacity (e.g. future lost wages, bonuses, promotions, and benefits due to the consequences of the wreck).

It’s important to understand that once you sign a settlement agreement or a court renders a verdict, you will not get another chance to ask for more money later. That’s why we rely on expert witnesses to help testify as to such matters as a victim’s long-term medical needs and the effects of the accident on their career prospects. Our reliable network of experts is ready to testify on your behalf so you can claim the compensation you deserve.

Taking Your Case to Court

If a fair settlement cannot be reached through mediation and out-of-court negotiations, then going to court and presenting your case to a jury is the best option. As experienced litigators, we know how to make a compelling argument for the maximum amount of compensation available under law. We will manage all courtroom hearings and proceedings as we represent your interests.

Learn more about why Syracuse accident victims trust CDH Law to fight for them. Contact us today by completing our online form or giving us a call. We can schedule your free and confidential initial consultation today.

If you get in a car accident, it’s essential that you understand how the insurance claims system works and the ways insurance companies try to reduce your compensation. With the proper knowledge and legal support, you can recover the money you need and deserve after an accident.

How Does No-Fault Auto Insurance Work in Central New York?

New York is a no-fault auto insurance state, meaning that, under most circumstances, all injured drivers file insurance claims with their own providers regardless of who caused the accident. The primary exceptions to no-fault auto insurance are motorcyclists and pedestrians. Pedestrians file their insurance claims with the auto insurance provider of the vehicle that struck them, and motorcyclists may have to file a third-party claim based on fault.

For those covered by no-fault insurance, the auto insurance provider will cover the first $50,000 of your basic economic losses under your personal injury protection (PIP) coverage. Basic covered expenses include medical bills, lost wages, and other reasonable and necessary expenses. You can purchase additional coverage.

If your basic expenses exceed your PIP policy limits, you can file a claim with the other party’s insurance carrier for any remaining basic expenses.

What Deadlines Do I Have to Meet When Filing a Car Accident Claim?

When filing a no-fault car accident claim with your auto insurance company, you must meet certain deadlines for your claim to be valid. The three primary deadlines are:

• You must submit a written notice of your claim within 30 days of the accident.
• You must submit the medical bills for which you’re seeking compensation within 45 days of receiving them.
• You must submit your claim for lost wages within 90 days.

How Long Does the Insurance Company Have to Investigate My Claim?

After you submit your written notice, the insurance company must also meet deadlines. The first deadline outlined in 11 NY Comp Codes Rules and Regs section 216.5 is that the insurance company must begin its investigation within 15 days.

11 NY Comp Codes Rules and Regs section 216.6 adds additional deadlines for the insurance company, such as giving it 15 days to complete its investigation unless it provides written notice explaining why it needs additional time.

In some cases, the insurance company may try to stall in the hopes that you will give up on your claim. If this happens, a car accident lawyer can help you seek the compensation you deserve.

How a Lawyer Can Help Secure a Fair Settlement

When investigating your claim, the insurance company will look for ways to reduce its liability. This may include arguing that your medical treatments aren’t reasonable or necessary or disputing the cost of any medical treatment you received.

A skilled car accident attorney can help you secure the full amount of compensation you are owed by negotiating for a fair settlement from the insurance company. Our attorneys have extensive experience handling car accident cases and dealing with insurance companies, so we can accurately assess the value of your claim and push back against the insurance company’s tactics.

When Can I File a Lawsuit Against the At-Fault Driver?

Despite New York’s no-fault auto insurance, you can still file a lawsuit against the driver who caused your injuries under certain circumstances. Specifically, you can file a personal injury lawsuit if you suffered a “serious injury.”

The law defines a serious injury as one that results in:

• Death
• Dismemberment
• Significant disfigurement
• A fracture
• Loss of a fetus
• Permanent loss of use of a body part
• Permanent consequential limitation of use of a body part
• Significant limitation of use of a body function
• A medically determined injury or impairment that impairs your ability to perform your daily activities for at least 90 days

Contact Our Syracuse & Central New York Car Accident Lawyers

If you suffered an injury in a Syracuse car accident, contact CDH Law PLLC for a free initial consultation with one of our experienced injury lawyers. We’ll review your case, explain your options for seeking compensation, and answer any questions you have about the auto insurance claim process.

Insurance companies want to make certain that they’re only paying for what they absolutely have to. One of the ways they do this is by insisting that an accident victim undergo an independent medical examination, or IME, to confirm the nature and extent of their injuries. If you’ve been injured in an accident, there’s a good chance an insurer will ask you to undergo an independent medical examination.

What Happens in an Independent Medical Examination?

An independent medical examination is an evaluation of your injuries by a doctor other than the one supervising your treatment. The insurance company requesting the exam typically chooses the doctor. The exam itself may involve a physical examination of your injuries by your doctor, X-rays or other diagnostic tests, lab work, and other procedures. The tests you’ll go through depend on the nature of your injuries.

Why Do Insurance Companies Request Independent Medical Examinations?

Insurance companies say that independent medical examinations are necessary to prevent fraudulent claims. They argue that claimants may exaggerate their injuries to increase their compensation. Insurers may also request an independent medical exam to rule out the possibility of pre-existing conditions.

In practice, though, insurers ask for independent medical exams because they want to keep your compensation low. By having someone other than your doctor evaluate your injuries, they may have an easier time justifying a lower settlement amount or an outright claim denial. Since the insurance companies usually choose the doctors for independent medical exams, they can select someone they believe will give them their desired result.

Do You Have to Undergo an Independent Medical Examination?

In most cases, you must undergo an independent medical examination if an insurance company requests one. If you don’t, they will likely deny your claim on the grounds that you don’t have enough evidence to support it. That said, it’s always a good idea to talk to a lawyer before agreeing to an independent medical examination so they can review your situation.

What Happens After an Independent Medical Examination in a Personal Injury Case?

There are two likely outcomes to your independent medical examination, both of which can affect your personal injury claim. If the doctor who conducts the exam agrees with you and your doctor’s assessment of your injuries, your claim will proceed normally. The more likely option is that the second doctor’s report will undermine your claim, giving the insurance company cause to deny it or reduce your compensation. A skilled injury attorney can help you contest the results of an independent medical exam to protect your compensation.

Preparing for an Independent Medical Examination

Proper preparation is essential for protecting your personal injury claim if an insurance company requests an independent medical exam. Here’s what to do to prepare for your exam:

• Gather all your relevant medical records – The more evidence you have to support your claim, the more likely it is that the doctor conducting the exam will agree with your doctor’s evaluation of your injuries. Bring all the records related to your case, including doctor’s notes, X-rays, etc.
• Make a list of your injuries and symptoms – Leaving something out during an independent medical exam can undercut your claim. Make a thorough list of all your injuries and symptoms that you can refer to later.
• Talk to a lawyer – A personal injury lawyer can help you prepare for an independent medical examination by walking you through possible questions, making sure you have all your necessary records, and explaining what to say (or not say) to the doctor.

Contact a Syracuse Personal Injury Lawyer Now

The Syracuse injury attorneys at CDH Law PLLC have helped clients like you prepare for independent medical examinations. Call now or complete our contact form for a free consultation, and let us help you demand fair compensation for what you’ve suffered.

When you sustain injuries in a New York car accident, one of your first steps will be to call your auto insurance company. And, if your injuries are particularly severe, you may be filing a claim with the at-fault party’s insurer, as well. For those reasons, It’s crucial to know how to deal with insurance companies after a car accident so you can protect yourself and pursue the compensation you deserve.

Talk To a Lawyer Right Away After a Crash

The best and easiest way to deal with an insurance company after a car accident is to let a lawyer do the heavy lifting for you. Your attorney can handle all the communication with all the insurance companies involved in your case, gather evidence to support your claim and negotiate fair settlements on your behalf. Not only does letting a lawyer do the hard work make life easier for you, but it also means they can help protect you from inadvertent mistakes that could hurt your claim.

Be Honest About Your Injuries Without Exaggerating

To recover full compensation for your injuries, you must document them all and provide evidence that the other party caused the accident and that your injuries resulted from the crash. While you should be thorough, it’s vital to avoid exaggerating your injuries. Doing so could give an insurance company justification to deny or reduce your claim. An attorney can help you gather evidence of your injuries and describe them accurately without embellishing them.

Never Give a Recorded Statement Without Talking to a Lawyer First

You may have to give a recorded statement about the accident to an insurance company as part of your claim. However, insurers can use a recorded statement against you to reduce your compensation or shift blame for the crash. Always talk to a lawyer before giving a recorded statement, as they can help you prepare and give you tips to avoid damaging your claim.

Never Accept an Insurance Company’s First Settlement Offer

Insurance companies often offer quick settlements after a collision because they know you need the money to pay your medical bills and other expenses. Once you accept a settlement, though, you cannot seek additional compensation if your injuries worsen or you have unexpected expenses. It’s crucial to make sure any settlement you agree to accounts for your current and future losses from a collision, and an attorney can review any settlement offers you receive to make sure they’re fair before you accept one.

Stay Off Social Media Until Your Case Concludes

While you might want to share updates about your case on social media, doing so can hurt your claim. Insurers can use anything you post against you, so it’s best to avoid giving them anything to use. For instance, photos of you with friends or family could make it look like your injuries aren’t as severe as you say, and anything you say about the collision could undercut your narrative of what happened.

Be Patient

Finally, it’s essential to remain patient as the legal process plays out. It can be frustrating when insurance companies drag their feet, or settlement negotiations stretch out for weeks or months, but insurers count on your frustration to make you eager to accept an early, inadequate settlement. Let your legal team protect your rights while you focus on healing and rebuilding your life.

Contact Our Syracuse Car Accident Attorney Now

You can avoid many insurance headaches after a car accident by working with an experienced personal injury lawyer. CDH Law PLLC has spent decades protecting the rights of people injured in car crashes caused by others and can be your champion in your fight for fair compensation. Call us today or complete our contact form for a free consultation.

Carden Dotzler Hammond, PLLC represents clients in Syracuse, Central New York, and in the following towns and villages of Onondaga County: Camillus, Cicero, Clay, Dewitt, Elbridge, Geddes, Manlius, Marcellus, Onondaga, Salina, Skaneateles, Baldwinsville, East Syracuse, Fayetteville, Jefferson County, Liverpool, North Syracuse, and Solvay. 

Car accidents can be life-altering events, often resulting in serious injuries such as broken bones— injuries that can have a significant physical, emotional, and financial impact on accident victims and their families. If you’ve suffered fractures due to someone else’s negligence on the road, you may be entitled to compensation. Here’s what you need to know to pursue your claim effectively and efficiently.

Legal Rights After a Car Accident in Syracuse

As a car accident victim in New York, you have the right to seek compensation for your injuries, including broken bones. New York follows a “no-fault” insurance system, which means that your own insurance company will cover some of your medical expenses and lost wages, regardless of who was at fault. However, broken bones entitle you to step outside the no-fault system and pursue additional compensation from the at-fault party.

Types of Damages Available

If someone else is responsible for causing the car accident that resulted in your fractures, you may be eligible for damages to compensate you for your:

• Medical Expenses: This includes costs for emergency room visits, surgeries, hospital stays, medications, physical therapy, and any future medical care related to your broken bones.
• Lost Wages: If your broken bones prevent you from working, you can claim compensation for lost income, including future earning capacity should your injuries result in long-term disability.
• Pain and Suffering: This non-economic damage compensates you for the physical pain and emotional distress caused by your injuries.
• Loss of Enjoyment of Life: If your broken bones prevent you from engaging in activities you once enjoyed, you may be entitled to compensation for this loss.
• Property Damage: You can also seek compensation for damage to your vehicle and other personal property.

The Role of Insurance Companies

After a car accident, you’ll likely deal with both your own insurance company and the at-fault driver’s insurer. It’s important to remember that insurance companies are businesses focused on minimizing payouts and maximizing profits. They may try to undervalue your claim or pressure you into accepting a quick settlement that doesn’t fully cover your expenses.

This is where having experienced legal representation becomes crucial. Your lawyer can handle all communications with insurance companies on your behalf, protecting your rights and seeking fair compensation for your broken bones and other injuries.

The Importance of Legal Representation

The complexities of car accident claims, especially those involving serious injuries like broken bones, can be overwhelming. Here’s how an experienced personal injury attorney can help:

• Evaluating Your Case: Your lawyer can assess the strength of your case and determine the full extent of compensation you may be entitled to.
• Gathering Evidence: Next, the attorney can collect and preserve crucial evidence to support your claim, including medical records, accident reports, and witness statements.
• Negotiating with Insurers: Your lawyer will have extensive experience negotiating with insurance companies to secure fair settlements without the need for a trial.
• Litigating Your Case: If the insurers won’t make you a fair settlement, your lawyer is prepared to take your case to court and advocate for your rights before a judge and jury.

Steps to Take After a Car Accident

Here are some important steps you can take to protect your right to compensation for broken bones sustained in a car accident:

• Report the accident to the police and your insurance company.
• Document the accident scene with photos and gather contact information from witnesses.
• Seek immediate medical attention.
• Keep detailed records of all medical treatments and expenses related to your injuries.
• Avoid giving recorded statements to insurance companies without legal representation.
• Contact an experienced personal injury attorney as soon as possible.

Contact Our Syracuse & Central New York Car Accident Lawyer

The car accident lawyers at CDH Law, PLLC, are committed to helping car accident victims in Syracuse and throughout Central New York secure the compensation they deserve for broken bones and other injuries. Contact us today for a free consultation about your case, and let’s demand justice together.

Carden Dotzler Hammond, PLLC represents clients in Syracuse, Central New York, and in the following towns and villages of Onondaga County: Camillus, Cicero, Clay, Dewitt, Elbridge, Geddes, Manlius, Marcellus, Onondaga, Salina, Skaneateles, Baldwinsville, East Syracuse, Fayetteville, Jefferson County, Liverpool, North Syracuse, and Solvay.

While the physical injuries from a car crash can be severe, the emotional trauma can also have a profound and lasting impact. Post-traumatic stress disorder (PTSD) is a frequent psychological result of car accidents. 

At Carden Dotzler Hammond, PLLC, we understand the challenges faced by car accident victims who were injured because of someone else’s wrongdoing, and we are dedicated to providing the support and legal guidance they need.

How Car Accidents Can Lead to PTSD

The sudden, violent nature of car accidents is traumatic. The experience of a collision, along with the fear of injury or death, can overwhelm the mind and body. Some factors that enhance the risk of developing PTSD after a car accident include:

• The severity of the accident
• Being injured
• Witnessing others being harmed

Examples of traumatic experiences in car accidents include:

• Being trapped in a vehicle
• Experiencing a rollover
• Seeing someone seriously injured or killed

These events can leave a lasting imprint on the psyche, leading to the development of PTSD symptoms.

Understanding PTSD

PTSD can occur after you experience or witness a traumatic event. Usually associated with military combat, PTSD can result from various traumatic experiences, including car accidents. Several other risk factors may contribute to the development of PTSD, such as:

• History of mental health issues
• Lack of social support
• Previous trauma

Understanding these risk factors can help individuals recognize that they might have PTSD and seek appropriate support.

Symptoms of PTSD

PTSD symptoms can vary from person to person but typically fall into four categories:

• Intrusive memories or flashbacks: Reliving the traumatic event through unwanted and distressing memories or nightmares.
• Avoidance of reminders of the trauma: Avoiding certain places, people, or situations that trigger memories of the accident.
• Negative changes in thoughts and mood: Experiencing fear, guilt, or detachment from others.
• Changes in physical and emotional reactions: Irritability, sleeplessness, or being easily startled.

Impact of PTSD on Daily Life

PTSD can significantly interfere with daily functioning, affecting work performance and personal relationships. Individuals with PTSD may:

• Struggle to concentrate
• Experience mood swings
• Withdraw from social interactions

The condition can also increase the risk of developing other mental health issues.

Coping Strategies and Treatment Options

Seeking professional help is crucial for individuals struggling with PTSD after a car accident. Mental health professionals can provide various treatments, including:

• Cognitive-behavioral therapy (CBT): Assists individuals in recognizing and altering negative thought patterns and behaviors
• Eye Movement Desensitization and Reprocessing (EMDR): Focuses on eye movements to process traumatic memories
• Medication: Antidepressants may alleviate symptoms.
• Support groups and self-care practices: Exercise and relaxation techniques can complement professional treatment.

The Role of Legal Support

Car accident victims with PTSD may be entitled to compensation for their emotional distress and treatment costs. At Carden Dotzler Hammond, PLLC, our experienced attorneys:

• Understand the complexities of pursuing a claim that involves psychological injuries
• Connect clients with skilled mental health professionals to ensure they receive the necessary support
• Help clients obtain the resources they need to focus on recovery and move forward

Get the Legal Help You Need Now

PTSD is a severe and often overlooked consequence of car accidents. Recognizing the symptoms and seeking timely treatment can significantly affect the recovery process. If you or someone close to you is showing symptoms of PTSD following a car accident, get the support you need today.

Reach out for help from the experienced legal advocates of Carden Dotzler Hammond, PLLC. With the right help and resources, you can overcome the psychological impact of a car accident and reclaim your life.

In the chaotic aftermath of a car accident, emotions run high, and it can be challenging to think clearly. However, documenting the scene promptly can be crucial for protecting your rights and building a strong personal injury claim. As seasoned personal injury attorneys in New York, we understand the importance of gathering pertinent information immediately after a car accident. Here, we will outline the key elements you should document to ensure a solid foundation for your case.

Immediate Steps After a Car Accident:

Before documenting anything after a car accident, prioritize safety. Check yourself, passengers, and others involved for injuries. If there are serious injuries, call 911 for immediate medical assistance. Documenting the scene comes after ensuring everyone’s well-being.

Here are some steps you should take to properly document after a car accident:

1. Exchange Information: Exchange essential information with the other parties involved. Obtain names, addresses, phone numbers, and insurance information. If there are witnesses, collect their contact details as well. This information will be vital when filing an insurance claim or pursuing legal action.
2. Photograph the Scene: Capture the accident scene from various angles. Include photographs of the vehicles involved, their positions, and any visible damages. Document road conditions, traffic signals, and relevant signage. These images serve as valuable evidence in establishing the circumstances of the accident.
3. Capture License Plates: Photograph the license plates of all vehicles involved in the accident. This helps identifying and locating the parties later if needed. It is a simple yet effective way to ensure accurate information for your records.
4. Note Environmental Conditions: Document weather conditions, lighting, and any environmental factors that may have contributed to the accident. In New York, where weather conditions can vary, this information can be crucial in establishing liability.
5. Document Injuries: If you sustain visible injuries, document them with photographs. Additionally, seek prompt medical attention even if injuries appear minor. Medical records serve as crucial evidence linking your injuries to the accident.
6. Record Statements: While still at the scene, if possible, obtain statements from witnesses. Ask them to describe what they say, and record their account. Witness statements can play a significant role in corroborating your version of events.
7. Obtain Police Report: Contact law enforcement to report the accident and obtain a copy of the police report. This official document includes details about the accident, statements from involved parties, and any traffic violations. The police report is a key piece of evidence in insurance claims and legal proceedings.
8. Seek Medical Attention: Even if injuries seem minor, seek medical attention promptly. Document all medical visits, treatments, and prescriptions related to the accident. This comprehensive medical documentation strengthens your personal injury claim by establishing the extent of your injuries and the associated expenses.
9. Contact Your Insurance Company: Inform your insurance company about the accident as soon as possible. Provide them with accurate and detailed information. Promptly reporting the incident is crucial for a smooth claims process.

Personal Injury Attorneys

The moments following a car accident are critical, and documenting the scene thoroughly is essential for your well-being and any potential legal action. By following these steps and collecting crucial information, you can protect yourself and build a strong personal injury claim. For trusted personal injury legal assistance you can count on, reach out to the dedicated team at CDH Law. Contact us today.

Dealing with the aftermath of a collision can be challenging enough, but discovering that the at-fault party is uninsured can add a layer of complexity to an already stressful situation. It is crucial, however, to remain calm and informed about the necessary steps to protect your rights and seek compensation. Take a minute to let us walk you through the essential actions to take if you find yourself in a car accident with an uninsured at-fault party.

What To Do:

1. Ensure Safety First: Regardless of the at-fault party’s insurance status, the first priority after a car accident is safety. Check for injuries, call for medical assistance, if needed, and move to a safe location if possible. Exchange necessary information with the other party, such as names, contact details, and license plate numbers.
2. File a Police Report: contact law enforcement to report the accident. A police report provides an official record of the incident, including details about the accident, statements from involved parties, and any witnesses. This document can be invaluable when pursuing a claim, especially in cases where the at-fault party is uninsured.
3. Gather Evidence: Document the scene of the accident by taking photographs of the vehicles, damages, road conditions, and any relevant signage. Collect witness statements and their contact information. This evidence can be crucial in establishing liability and supporting your claim, especially when dealing with an uninsured party.
4. Notify Your Insurance Company: Inform your insurance company about the accident promptly, even if the at-fault party is uninsured. Your insurer will guide you through the claims process and may cover your damages under your uninsured motorist coverage. Be honest and thorough when providing information to your insurance company to ensure a smooth claims process.
5. Uninsured Motorist Coverage: In New York, uninsured motorist coverage is mandatory, and your insurance policy likely includes this provision. This coverage can help protect you in situations where the at-fault party is uninsured or underinsured. Your insurance company will step in to cover your medical expenses, property damage, and other losses, up to the limits specified in your policy.
6. Consult with an Attorney: In cases involving uninsured at-fault parties, consulting with a personal injury attorney can be beneficial. They can assess the details of your case, help determine liability, and guide you through the legal process. An experienced attorney can also explore additional avenues for compensation, such as pursuing a personal injury lawsuit against the at-fault party.
7. Explore Legal Options: While insurance may cover some of your losses, you may still face financial challenges, especially if your damages exceed policy limits. Your attorney can help you explore legal options, such as filing a lawsuit against the at-fault party to cover additional compensation for medical expenses, lost wages, and pain and suffering.

Contact Our Syracuse & New York Car Accident Attorneys

Being involved in a car accident with an uninsured at-fault party can be daunting, but taking the right steps can make a significant difference in protecting your rights and securing the compensation you deserve. Prioritize safety, gather evidence, notify your insurance company, and seek legal guidance to navigate the complexities of an uninsured motorist claim. The trusted team at CDH Law is here to help. Contact us today.

Distracted driving is a growing concern on Syracuse roads, leading to many accidents each year. Among the most severe outcomes of these incidents are head injuries, which can have life-changing effects. At CDH Law, our Syracuse car accident lawyers understand the challenges those injured by distracted drivers face on the road to recovery. This blog will guide you through pursuing claims against negligent drivers, focusing on critical steps you can take to protect your rights and set yourself up for a successful case.

What Do You Have to Prove in a Distracted Driving Claim?

Plaintiffs need to prove a few key points in a distracted driving claim. First, they must prove that the driver was distracted, whether by texting, using a phone, eating, or any other activity that took their focus off the road. This involves gathering evidence like phone records, witness statements, or video footage.

Next, it’s crucial to demonstrate that the driver’s distraction directly caused the accident and resulting injuries. This means connecting the dots between the driver’s lack of attention and the crash.

Lastly, plaintiffs must clearly outline their losses from the accident, such as medical bills, lost wages, and pain and suffering. Proving these elements is often a challenge, but it’s essential for holding the negligent driver accountable and securing the compensation you need for your recovery. Having a skilled legal team by your side can make all the difference in working through this complex process.

Common Causes of Distracted Driving Accidents

Driving distractions come in many forms, especially as automakers add new technological innovations to their vehicles. Some common causes of Syracuse distracted driving accidents include:

• Texting while driving
• Talking on the phone
• Using GPS or navigation apps
• Adjusting music or radio controls
• Eating or drinking
• Talking to passengers
• Grooming or applying makeup
• Watching videos
• Daydreaming or being lost in thought
• Handling pets or children in the car

Evidence to Help Prove a Distracted Driving Claim

Proving a distracted driving claim hinges on presenting clear, compelling evidence of the other driver’s negligent behavior. Here are some common types of evidence used in these cases:

• Cell phone records: These can show if the driver was texting, calling, or using data at the time of the accident.
• Police report: Officers often make notes of their observations or any admissions of distraction at the scene, which provides an official account of events.
• Witness statements: Bystanders or passengers might have seen the driver using a phone or engaging in other distractions, offering valuable insights.
• Video footage: Dashcams, surveillance cameras, or traffic cams can capture the driver’s actions just before the crash, providing visual proof of distraction.
• Physical evidence: Items found in the car just after the crash, like an open food container or a mobile device set up for a video, can suggest distracting activities.
• Social media activity: Posts or activity logs can indicate whether the driver was using social media when the accident occurred.
• Expert testimony: Specialists in accident reconstruction can help link the evidence to the driver’s distraction, reinforcing the case.

Potential Compensation in a Distracted Driving Claim

The value of a distracted driving claim depends on your injuries, medical bills, how much money you lose from not being able to work, and other factors. It’s essential to work with an experienced attorney who can help you pursue maximum compensation for your losses. Your distracted driving claim could include compensation for:

• Medical bills
• Lost wages and other income
• Reduced future earnings due to a disability
• Pain and suffering
• Psychological distress, including PTSD
• Diminished quality of life
• Damaged personal property

Deadline to File a Distracted Driving Lawsuit in New York

New York law allows only three years from the date of the accident for you to file a distracted driving lawsuit against the at-fault party. If you wait too long to act, you could lose your right to pursue compensation in court.

Contact Our Syracuse Distracted Driving Accident Attorneys Now

If you suffered head trauma or sustained other severe injuries in a distracted driving accident, the team at CDH Law could be your champions in your fight for justice. Call us today or complete our contact form for a free consultation.