Distracted Driver Accident Attorneys in Staten Island, NY

Motorists have a legal obligation to drive safely. When a distracted driver ignores this responsibility and causes an accident, the results can be tragic. At Chelli & Bush, Attorneys at Law, our distracted driver accident lawyers in Staten Island, NY, provide relentless legal advocacy and compassionate support you can trust. Our personal injury lawyers are dedicated to holding distracted drivers accountable and helping you find the justice and compensation you deserve after a crash. 

Distracted male driver looking at phone about to hit female pedestrian

Key Takeaways

  • Distracted driving is a leading cause of crashes in Staten Island and throughout New York
  • Even if you are partially responsible for an accident you can still recover damages such as medical costs, lost wages, and pain and suffering
  • Seeking medical care and contacting a lawyer immediately can protect your rights and make it easier to obtain valuable evidence such as cell phone data
  • Our dedicated Staten Island personal injury lawyers have recovered more than $500 million for clients over the past five decades

Types of Distracted Driving

There are three main types of distracted driving:

  • Visual —Taking your eyes off the road
  • Manual — Removing your hands from the steering wheel
  • Cognitive—Diverting your attention from the task of driving


Texting or using a smartphone is one of the most dangerous types of distracted driving because it involves all three. According to the National Highway Traffic Safety Administration (NHTSA), merely reading or sending a text takes your eyes off the road for at least five seconds. At 55 mph, that's like driving the length of a football field with your eyes closed.



Whether a motorist is changing the radio station, looking at GPS, applying makeup, or eating while driving, our personal injury lawyers recognize the devastation a few seconds of inattention can cause. 

How New York Law Can Affect Your Distracted Driving Claim

Knowing how New York law may apply to your case can help you better understand how our team builds effective legal strategies.

Is Texting While Driving "Negligence Per Se"?

In most personal injury cases, a victim must prove that a driver’s negligent or reckless behavior caused a crash. However, New York applies a legal concept called negligence per se. This means that if a motorist violates a law and causes an accident, they are presumed to be negligent because what they did was illegal. In New York, there are laws against texting or using a handheld phone for other purposes while driving.



This is relevant in personal injury claims because it helps our attorneys establish fault more clearly. Instead of debating what a “reasonable” driver should have done, the fact that they broke the law establishes negligence. 

Comparative Negligence in New York

New York follows a pure comparative negligence rule. Even if you were partially responsible for a collision you can still seek compensation for damages, but your final compensation is reduced by your percentage of fault. To maximize any compensation you receive, it’s important to have a distracted driver accident lawyer to counter the blame shifting tactics insurers use to minimize payouts. 

Why Time Matters in New York Distracted Driving Cases

Typically, the statute of limitations for filing a car accident lawsuit in New York is three years from the date of the crash. However, it’s important to act quickly to preserve your right to sue and collect key evidence.



Traffic camera and surveillance footage can disappear within days or weeks, and witness memories fade over time. If you’re bringing an action against a government entity you may have only 90 days to file a Notice of Claim, so it’s important to consult a personal injury attorney as soon as you can. 

How We Build Your Case

Whether someone is hurt in a rear-end collision or T-bone crash, distracted driving accidents can lead to catastrophic injuries that require costly long-term medical care. Not only that, the physical and emotional suffering can change a family forever. We ensure your claim is accurately valued and covers the full scope of your damages for the long haul. 

Types of Damages in Distracted Driving Claims

Economic damages include past and future medical bills, lost wages, loss of earning capacity, and property damages. It’s more challenging to put a number on non-economic damages such as pain and suffering and emotional distress. That’s why you need an experienced Staten Island personal injury lawyer who understands how to calculate future costs and intangible losses. 

Gathering Strong Evidence

Building a solid case requires digging beneath the surface to find out exactly what happened in the seconds before a crash. The most important evidence in distracted driving cases includes:



  • Cell phone records
  • Smartphone activity data
  • A vehicle’s event data recorder (EDR) information
  • Police reports and any prior citations
  • Eyewitness statements
  • Photos and videos from the scene
  • Traffic and surveillance camera footage

Proving Liability

This evidence is vital to prove that a driver was distracted at the moment of impact. Digital timestamps from texts, calls, social media posts, and EDR data can provide objective proof that a motorist’s attention wasn’t focused on the task of driving.



Obtaining digital evidence usually requires a subpoena and can be challenging to get without the assistance of an attorney. Our team conducts a thorough investigation and consults with experts like accident reconstructionists and forensic data analysts to show how a crash happened and who is at fault. Medical experts help us demonstrate the severity of your injuries and how they have impacted your quality of life.

Dealing with Insurers

Unfortunately, even your own insurance company may be more concerned with protecting their bottom line than your well-being. They may try to offer a quick, low settlement before you’re aware of the true cost of your injuries. Don’t let them take advantage of you at this vulnerable time. Do not give a statement, sign anything, or accept a settlement before speaking to an attorney. We handle all communications and negotiations with insurers and ensure your rights and interests are protected. 

What to Do After a Distracted Driving Accident

Why Choose Our Staten Island Distracted Driver Accident Lawyers?

Choosing the right legal team is a vital step in your journey toward justice. At Chelli & Bush, Attorneys at Law, we offer:



Risk-free representation— You pay no upfront costs and won’t pay attorneys’ fees unless we win your case.

A legacy of trust— For more than five decades, our personal injury law firm has stood by our neighbors in Staten Island, Brooklyn, and surrounding areas.

A reputation built on real results— Our client testimonials and history of success reflect the peace of mind and relentless advocacy we provide to every person we represent.

Contact a Distracted Driver Accident Lawyer in Staten Island, NY

If you or a loved one has been injured by a distracted driver, Chelli & Bush, Attorneys at Law, guide you through the legal process and fight to hold responsible parties accountable. To schedule a free consultation with a distracted driving accident attorney near you in Staten Island, NY, contact us or call 718-987-8444. We serve clients in Staten Island, Brooklyn, and surrounding areas.

Frequently Asked Questions about Distracted Driving Injury Claims in New York

What if the other driver was uninsured or underinsured?

If an at-fault driver is uninsured or doesn’t have enough coverage, you can seek compensation through your own auto insurance policy’s Uninsured/Underinsured Motorist (UM/UIM) coverage. You may also be able to use this coverage if you’re the victim of a hit-and-run.


How long will my case take to resolve?

The timeframe depends on the complexity of the case, the nature of your injuries, and whether your case goes to trial. Some claims are settled in months, while others take years.



Why do I need a distracted driving accident attorney?

Hiring an attorney gives you the best chance of achieving a successful outcome and maximum compensation. Our compassionate, tenacious team always keeps your interests at the forefront. We handle all aspects of your case so you and your family can focus on healing.