In the Bronx and throughout New York City, it only takes a second for a distracted driver to cause an accident that changes everything. One minute, you're heading to work, running errands, or picking up your kids. The next moment, you're hit by a car that came out of nowhere. You know, deep down, the other driver wasn’t paying attention. Maybe you saw a phone in their hand. Maybe they never even slowed down or hit their brakes. But how do you prove it? That’s where things can get complicated.
New York is a no-fault insurance state, which means you would typically seek compensation from your own personal injury protection (PIP) policy. But when the damages exceed the PIP policy limit, you'll need to seek compensation from the distracted driver's insurance company. To do this, you'll need strong evidence to build a case and prove that the other driver's failure to pay attention led to your crash and injuries. That's when having an experienced Broxn distracted driving accident lawyer can make all the difference in the outcome of your case.
What is considered distracted driving in New York?
Distracted driving means doing anything behind the wheel that pulls attention away from driving. In New York, the law is especially tough on cell phone use while driving. That includes texting, talking on the phone without hands-free tech, taking selfies, or even browsing a music playlist. If a driver is caught breaking these laws, they face fines and points on their license. But more importantly, if they cause a crash while violating one of these laws, that violation, along with cell phone records, could help prove negligence. However, it's important to remember that distracted driving isn’t just about phone use. The three main types of distraction when behind the wheel include:
- Visual distractions such as looking at your GPS or rubbernecking.
- Manual distractions such as eating, holding a drink, or fiddling with the radio.
- Cognitive distractions such as spacing out or arguing with someone in the car.
How do I collect evidence after a distracted driving crash?
If you can, try to gather as much information as possible at the crash scene. Take photos of everything, including the cars, the damage, visible injuries, and street signs. If you see a phone, food container, makeup kit, or anything else that doesn’t belong in someone’s hands while driving, document it. Also, jot down the driver's statements, especially if they apologize or admit to driving distracted.
If there are witnesses at the scene, get their full names and phone numbers. Someone nearby might have seen the driver texting or looking away from the road. Witnesses can be powerful in backing up your claim later on.
Finally, call the police. The official accident report might include details that point to distracted driving.
Can a lawyer access phone records or video footage?
Cell phone records can show if the at-fault driver was texting or on a call around the time of the crash. However, these records aren’t something you can just request. An attorney will need to file a subpoena to get them through the legal process.
Traffic cameras, dashcams, and security cameras from nearby buildings can also come in handy. In the Bronx and throughout NYC, many intersections are monitored, and some businesses or homeowners may have security systems that caught the crash or events leading up to it. Footage like this disappears fast. Cameras are often set to record over old footage within a few days, so acting quickly and consulting a distracted driving accident lawyer is key to securing any available video evidence.
What about data from the vehicle itself?
Most newer vehicles have event data recorders (basically black boxes) that store important information on speed, braking, and steering. This data can help show whether the driver reacted at all before the crash. For example, if the black box shows no braking at all before impact, this could indicate the driver wasn’t paying attention at the time of the crash. An attorney can help access this data if it’s available.
What if there’s no direct evidence of distraction?
This happens more often than you might think. A distracted driver might not admit fault, there may be no camera footage, and witnesses might be limited. That doesn’t mean your case is over. A lawyer can piece together what happened using indirect clues, even when there's no direct evidence. The damage pattern, lack of skid marks, inconsistent stories, or objects found in the car can all help support your injury claim.
Even social media posts or texts sent around the time of the crash can help prove negligence in the form of distraction. Every case is different, and an experienced lawyer will know how to dig deeper when the obvious evidence isn’t there.
Contact a distracted driving accident lawyer today
If you were hurt in a crash caused by a distracted driver, Giampa Law is ready to stand in your corner and protect your rights. Our attorneys have spent decades helping crash victims in the Bronx and throughout NYC obtain the justice and financial compensation they deserve. Distracted driving accident claims aren’t just about proving another driver was careless—they’re about making sure you have the support you need to recover physically, emotionally, and financially.
Our legal team knows how to move quickly to preserve evidence that can disappear in days. We understand the streets of the Bronx, how local courts handle personal injury cases, and the common tactics insurance companies use to avoid paying out fair settlements. From the moment you call our law firm, we treat your case with the urgency and respect it deserves.
Don’t wait to take the next step. The longer you wait, the harder it can be to build a strong case. Contact us online or call us today for a free consultation. We’ll investigate your crash, explain your potential legal options, and fight for the maximum compensation you deserve under New York law.
“Giampa Law did an amazing job on my case. They were always available to speak with me at any time, unlike other law firms that give you the runaround. I highly recommend this law firm.” — Elias, ⭐⭐⭐⭐⭐