Distracted Driving Accident Attorney in New York City
We help you recover full compensation for distracted driving accidents.
A distracted driving accident attorney helps people injured by drivers texting, talking on phones, or otherwise not paying attention recover full compensation for medical bills, lost wages, and pain and suffering. At Michael Gunzburg, P.C., we've secured multimillion-dollar verdicts and settlements for victims across Manhattan, Brooklyn, Queens, Bronx, and Staten Island, and you pay nothing unless we win your case.
When a distracted driver causes your accident, the consequences can be devastating. You're dealing with serious injuries, mounting medical bills, and lost income while the at-fault driver's insurance company tries to deny they were distracted. We know how to prove distracted driving through cell phone records, witness statements, and traffic camera footage. With 39+ years of trial experience, we fight back against insurance companies that try to minimize your claim or blame you for the accident. If you or someone you love was injured by a distracted driver in New York City, call us at 212-725-8500 for a free consultation.
What Our Clients Say
Who Needs a Distracted Driving Accident Attorney in New York City?
You need a distracted driving accident attorney if you were injured by a driver who was texting, using their phone, eating, or otherwise not paying attention to the road. Maybe you were rear-ended by someone scrolling through social media at a red light in Midtown, sideswiped by a driver programming their GPS in Park Slope, or T-boned at an intersection by someone talking on their phone in Astoria. Perhaps you suffered whiplash, broken bones, traumatic brain injuries, or spinal cord damage that requires ongoing medical treatment. We represent accident victims throughout Manhattan, Brooklyn, Queens, Bronx, and Staten Island who've been hurt by drivers who chose to take their eyes and attention off the road.
Common Distracted Driving Situations We Handle
Texting While Driving
Drivers reading or sending text messages who drift into other lanes or fail to notice stopped traffic ahead, causing rear-end collisions and serious injuries to innocent victims.
Using GPS or Navigation Apps
Drivers programming directions or looking at their phones for navigation while operating their vehicle, leading to crashes at intersections and lane departure accidents.
Talking on the Phone
Drivers holding phones to their ears or becoming mentally distracted by conversations, failing to notice traffic signals, pedestrians, or vehicles around them.
Eating or Drinking
Drivers consuming food or beverages who take their hands off the wheel and eyes off the road, causing preventable accidents in busy NYC traffic.
Adjusting Vehicle Controls
Drivers changing radio stations, climate controls, or other in-car systems who lose focus on the road and cause crashes.
Reaching for Objects
Drivers grabbing items from the passenger seat, floor, or back seat who swerve into other lanes or fail to brake in time.
Why Hiring a Distracted Driving Accident Attorney Matters
Insurance companies work hard to deny that their insured driver was distracted. They'll claim the driver was paying attention, that you can't prove phone use, or that something else caused the accident. Without experienced legal representation, you're fighting an uphill battle against adjusters and defense lawyers whose job is protecting their bottom line, not your recovery.
We've seen what happens when accident victims try to handle claims on their own. They accept settlements that don't cover future medical needs. They don't know how to subpoena cell phone records that prove distraction. They miss filing deadlines that destroy their right to compensation. When you hire Michael Gunzburg, P.C., you get 39+ years of trial experience on your side. We know how to prove distracted driving through phone records, witness testimony, and accident reconstruction. We've secured a $1.3 million jury verdict for a rear-end collision victim after the insurance company offered just $5,000. That's the difference experienced representation makes.
Who Can Be Held Responsible For Distracted Driving Accidents?
Responsibility for your distracted driving accident may involve multiple parties depending on the circumstances. The distracted driver is the most common defendant, but their employer may be liable if they were working at the time of the crash, such as delivery drivers or salespeople using phones for work purposes. Vehicle owners can be held responsible even if they weren't driving, especially if they negligently entrusted their car to someone with a history of distracted driving.
Rideshare companies like Uber and Lyft may share liability when their drivers cause accidents while checking the app or communicating with passengers. Commercial delivery companies, trucking firms, or other businesses whose drivers were distracted while making deliveries can be sued for their employee's negligence. In some cases, government entities may be liable for dangerous road conditions, broken traffic signals, or inadequate signage that contributed to the accident alongside the driver's distraction.
We investigate every angle to identify all potentially responsible parties, which can increase the compensation available to you. Insurance companies often try to point fingers at everyone except their insured driver, but our job is holding the right parties accountable and making sure you get the full recovery you deserve.
What You May Be Entitled To Recover or Achieve
You may recover both economic and non-economic damages depending on the severity of your injuries and how the accident has affected your life. Economic damages include all medical expenses from emergency room visits, surgeries, hospital stays, physical therapy, prescription medications, and future medical care you'll need. You can recover lost wages for time you've already missed from work, plus lost earning capacity if your injuries prevent you from returning to your previous job or limit your ability to work. Property damage to your vehicle and any other out-of-pocket costs related to the accident are also recoverable.
Non-economic damages address your pain and suffering, emotional distress, loss of enjoyment of life, and permanent scarring or disfigurement. If your injuries meet New York's "serious injury" threshold, which includes fractures, significant disfigurement, permanent loss of a body function, or injuries preventing usual activities for at least 90 of the first 180 days after the crash, you can pursue full compensation including pain and suffering. We fight to recover every dollar you deserve for both your immediate losses and the long-term impact this accident will have on your life.
Important Deadlines and Legal Rules Related to Distracted Driving Accidents
You have three years from the date of your distracted driving accident to file a personal injury lawsuit against private defendants in New York. However, if a city bus, NYPD car, sanitation truck, or other government vehicle was involved, you must file a Notice of Claim within just 90 days and file your lawsuit within one year and 90 days from the accident date. Missing these deadlines means losing your right to compensation permanently.
New York's no-fault insurance law requires you to file a no-fault application with your insurance company within 30 days of the accident to receive Personal Injury Protection (PIP) benefits covering up to $50,000 in medical expenses and lost wages regardless of who caused the crash. You must also file a Motor Vehicle Accident Report (Form MV-104) with the DMV within 10 days if anyone was injured or if property damage exceeds $1,000, or your license could be suspended.
To bring a lawsuit for pain and suffering, your injuries must meet the "serious injury threshold" defined by New York law. Evidence disappears quickly after accidents. Cell phone records may only be available for a limited time, witnesses forget details, surveillance footage gets erased, and skid marks fade. The sooner you contact us, the better we can preserve phone records proving distraction and build your case.
What to Expect When You Work With Michael Gunzburg, P.C.
Step 1: Free Case Evaluation
Call us at 212-725-8500 or fill out our online form. We'll listen to your story, review the facts of your accident, and give you an honest assessment of your case at no cost to you.
Step 2: Immediate Investigation
We immediately begin investigating your accident. This includes visiting the crash scene, reviewing police reports, gathering witness statements, obtaining traffic camera footage, and preparing to subpoena the at-fault driver's cell phone records to prove they were distracted.
Step 3: Proving Distraction
We work to obtain the distracted driver's phone records showing calls, texts, or app usage at the time of the crash. We consult with accident reconstruction experts when needed and gather all evidence proving the driver wasn't paying attention.
Step 4: Medical Documentation
We work with your doctors to document every injury, from emergency room visits to ongoing physical therapy. We review medical records, imaging studies, and treatment plans to build a complete picture of how the accident has affected your health.
Step 5: Aggressive Negotiation
Insurance companies often try to minimize payouts or deny that their driver was distracted. We handle all communication with insurers, protecting you from tactics designed to reduce your compensation. Our 39+ years of experience mean we know exactly how to counter their strategies.
Step 6: Maximum Compensation
We fight to recover every dollar you deserve for medical expenses (past and future), lost wages, pain and suffering, loss of enjoyment of life, and permanent disability compensation.
Benefits of Working With a Distracted Driving Accident Attorney
Maximum Compensation for Medical Bills, Lost Wages, and Pain and Suffering
Distracted driving accidents often result in serious injuries requiring extensive medical treatment. We calculate the full cost of your medical expenses, including future treatment needs, and fight to ensure you're compensated for every dollar spent and every day of work you've missed.
Protection from Insurance Company Tactics and Lowball Settlement Offers
Insurance adjusters use sophisticated strategies to minimize payouts, offering quick settlements before you understand your injuries' full extent or denying the driver was distracted. We shield you from these manipulations and negotiate from a position of strength backed by 39+ years of trial experience.
Access to Cell Phone Records and Evidence Proving Distracted Driving
We know how to subpoena cell phone records, obtain text message logs, and gather app usage data that proves the driver was distracted at the exact moment of your crash. This evidence is critical to your case, and we know how to get it.
Experienced Representation Backed by 39+ Years of Trial Experience
Since 1987, we've handled thousands of motor vehicle accident cases and obtained multimillion-dollar verdicts and settlements. Insurance companies know we're ready and willing to go to court, which strengthens our negotiating position and leads to better results.
Justice and Accountability for Negligent Drivers Who Endangered Your Safety
Beyond financial recovery, we hold distracted drivers accountable for their actions. When drivers choose to text, talk on phones, or otherwise ignore the road, they must face consequences. Our courtroom victories send a message that distracted driving won't be tolerated.
Proven Results & Client Experience
Michael Gunzburg, P.C. has secured multimillion-dollar verdicts and settlements for accident victims throughout New York City. We obtained a $1.3 million jury verdict for a rear-end collision victim after the insurance company offered just $5,000 before trial. We've been practicing personal injury law in New York for 39+ years, with experience handling cases from inception through trial and appeal.
Michael Gunzburg is admitted to practice in New York State, the U.S. District Court Southern District of New York, and the U.S. District Court Eastern District of New York. He's a member of the New York State Trial Lawyers Association, the American Association of Justice, and the Brooklyn Bar Association. As a Certified Public Accountant since 1987, he brings additional financial expertise to calculating damages and lost earning capacity. We've successfully argued cases in the Appellate Division and even the New York State Court of Appeals, demonstrating our commitment to fighting for clients at every level.
Common Questions About Distracted Driving Accidents
How do you prove a driver was distracted at the time of the accident?
We prove distraction through multiple types of evidence. Cell phone records showing calls, texts, or app usage at the exact time of the crash provide direct proof. Witness statements from people who saw the driver looking down at their phone or holding it to their ear are powerful evidence. Traffic camera footage or dashcam videos may show the driver's head position and behavior. The police report may note that the driver admitted to phone use. Accident reconstruction experts can analyze the crash pattern, showing the driver failed to brake or swerve, which indicates they weren't watching the road. We've successfully obtained phone records in many cases that proved drivers were texting or on social media when they caused crashes. The insurance company will fight hard to prevent us from getting these records, but with 39+ years of experience, we know exactly how to obtain them through legal subpoenas.
Can you get the other driver's cell phone records to prove they were texting?
Yes, we can subpoena cell phone records as part of the legal discovery process once a lawsuit is filed. These records show incoming and outgoing calls, text messages, data usage, and app activity with timestamps. When these timestamps match the exact moment of your accident, it's powerful proof the driver was distracted. Phone companies maintain these records, and we have the experience to obtain them through proper legal channels. The key is acting quickly because some records may only be available for a limited time. That's why you should contact us immediately after your accident, so we can preserve this evidence before it disappears. Insurance companies hate when we get phone records because it eliminates any doubt about what caused the crash.
What should I do immediately after being hit by a distracted driver?
Call 911 immediately so police document the accident and EMS can evaluate your injuries, even if you feel okay, because adrenaline can mask serious injuries. If the other driver was on their phone, tell the responding police officer what you observed. Get the driver's name, insurance information, and license plate number. Take photos of the accident scene, your injuries, vehicle damage, and any visible phones or other distractions in the at-fault driver's vehicle. Collect contact information from any witnesses who saw the driver using their phone. Seek medical attention right away, as delaying treatment can hurt both your health and your legal case. Then contact us at 212-725-8500 as soon as possible to protect your rights. The sooner we start investigating, the better chance we have of preserving phone records and other evidence proving distraction.
How much is my distracted driving accident case worth?
Every case is different. The value depends on the severity of your injuries, the amount of your medical bills (both past and future), your lost wages and future earning capacity if you can't return to work, the degree of permanent disability or disfigurement, and the impact on your quality of life and daily activities. Minor injuries with full recovery might settle for tens of thousands of dollars. Serious injuries requiring surgery, long-term treatment, or resulting in permanent disability can be worth hundreds of thousands or even millions of dollars. Distracted driving cases often result in higher compensation because the driver's behavior was preventable and reckless. The strength of the evidence proving distraction, particularly cell phone records, can significantly increase your case's value. During your free consultation, we'll review the specific facts of your case and give you an honest assessment of its potential value based on our 39+ years of experience.
What if the driver denies they were on their phone?
Drivers almost always deny phone use after causing an accident because they know it makes them look negligent. That's why we don't rely on their statements. We obtain objective evidence through cell phone records that can't be disputed. These records show exactly when calls were made, texts were sent, or apps were used. We also gather witness testimony, review traffic camera footage, and work with accident reconstruction experts who can analyze the crash pattern. For example, if the driver never braked before hitting you, it strongly suggests they weren't watching the road. If witnesses saw them looking down or holding a phone, their denial becomes irrelevant. We've successfully proven distracted driving in many cases where drivers denied phone use, and we know exactly how to counter their false claims.
How long do I have to file a lawsuit after a distracted driving accident?
You generally have three years from the date of the accident to file a personal injury lawsuit against private defendants in New York. However, if a government vehicle like an MTA bus, NYPD car, or sanitation truck was involved, you must file a Notice of Claim within just 90 days and file your lawsuit within one year and 90 days. These deadlines are strict, and missing them usually destroys your case permanently. That's why it's so important to contact an attorney right away. Evidence also disappears quickly. Cell phone records may only be available for a limited time, surveillance footage gets erased, and witnesses forget details. The sooner you call us, the better we can protect your rights and build a strong case with the phone records and other evidence proving distraction.
What if I was partially at fault for the accident?
New York follows a "pure comparative negligence" rule. This means you can still recover compensation even if you were partially responsible for the accident, but your recovery will be reduced by your percentage of fault. For example, if you were found 20% at fault and your total damages were $100,000, you could still recover $80,000. Insurance companies often try to shift blame onto accident victims to reduce payouts, claiming you were speeding or not paying attention. We gather evidence to show the other driver's distraction caused the accident and minimize any claims that you contributed to the crash. Even if you bear some responsibility, you can still recover substantial compensation if the other driver was texting or otherwise distracted.
Will my case go to trial?
Most distracted driving cases settle before trial. Insurance companies usually prefer to negotiate a settlement rather than risk a jury verdict that could be even higher, especially when we have strong evidence like cell phone records proving their driver was distracted. However, we prepare every case as if it's going to trial. This means conducting thorough discovery, obtaining phone records, deposing witnesses, retaining expert witnesses, and developing a trial strategy. This preparation strengthens our negotiating position because insurance companies know we're ready and willing to go to court if they won't offer fair compensation. If your case does go to trial, you'll have an attorney with 39+ years of courtroom experience fighting for you before a jury. We've successfully tried hundreds of cases and aren't afraid to take distracted driving cases to verdict.
What if the other driver doesn't have insurance?
New York is a no-fault insurance state, which means your own insurance policy's Personal Injury Protection (PIP) coverage should pay for your medical bills and lost wages up to $50,000, regardless of who caused the accident. If your injuries are serious and exceed that amount, you may be able to file a lawsuit against the at-fault driver. If that driver is uninsured or underinsured, you may be able to recover compensation through your own uninsured/underinsured motorist coverage. We'll review all available insurance policies, yours, the other driver's, and any other potentially liable parties like their employer, to identify every source of compensation. Don't assume you're out of luck just because the distracted driver didn't have insurance. We've recovered substantial compensation for clients in these situations.
Do I really need a lawyer for a distracted driving case?
Yes. Distracted driving cases are more complex than typical car accidents because you must prove the driver was actually distracted at the exact moment of the crash. Insurance companies fight hard to deny distraction, and they have teams of experienced lawyers working to minimize what they pay you. Without your own attorney, you're at a serious disadvantage. You won't know how to subpoena cell phone records. You won't know what evidence to preserve or how to counter the insurance company's arguments. Studies show injury victims with attorneys recover 2.4 to 3.5 times more compensation than those who handle claims alone. At Michael Gunzburg, P.C., you pay nothing unless we win, so there's no financial risk to having experienced legal representation fighting for you. We've spent 39+ years proving distracted driving and securing maximum compensation for our clients.
Areas We Serve Clients
We represent distracted driving accident victims throughout New York City. Our practice covers Manhattan, Brooklyn, Queens, Bronx, and Staten Island. We handle cases in neighborhoods including Long Island City, Astoria, Flushing, Park Slope, Williamsburg, and Upper East Side, as well as all surrounding areas. Whether your accident happened on a busy Manhattan avenue, a Brooklyn residential street, or a Queens intersection, we're here to help. We know New York City's roads, traffic patterns, and the unique challenges of proving distracted driving in urban environments where everyone seems to be on their phones.
Schedule Your Free Consultation About Your Distracted Driving Accident in NYC
Don't let insurance companies take advantage of you when you're hurt and vulnerable. Every day you wait is another day for cell phone records to disappear and insurance companies to build their defense. You deserve an attorney who will fight for every dollar you're owed, someone with the experience, resources, and determination to prove distracted driving and take on the biggest insurance companies.
At Michael Gunzburg, P.C., we've spent 39+ years securing multimillion-dollar verdicts and settlements for accident victims just like you. We know how to obtain phone records, prove distraction, and hold negligent drivers accountable. Call us today at 212-725-8500 for your free, no-obligation consultation. We work on a contingency fee basis, which means you pay nothing unless we win your case. Let us fight for you while you focus on healing.
Other Motor Vehicle Accident Services We Offer
If you've been injured in any type of motor vehicle accident in New York City, Michael Gunzburg, P.C. handles a full range of cases: