Call For a Free Consultation (646) 701-7990

queens car accident attorney keetick l. sanchez

Rated 5.0

Queens Distracted Driving Accidents

out of ( 171 ) Google Reviews

As Seen On

Getting hit by a driver who was texting, scrolling, or looking away from the road can leave you with painful injuries, growing medical bills, and time away from work. Distracted driving is a leading traffic-safety problem in New York State and a serious risk on Queens roads, where congested intersections in Jackson Heights, Flushing, and Astoria see heavy vehicle and pedestrian traffic every day.

Queens car accident attorney Keetick L. Sanchez of K L Sanchez Law Office, P.C., represents car accident victims in Queens and throughout New York. Our team handles distracted driving claims involving passenger vehicles, commercial trucks, delivery vehicles, and rideshare drivers on Queens’ busiest corridors.

This guide covers what counts as distracted driving under New York law, how liability is determined, what injuries victims commonly suffer, how the state’s no-fault insurance system works, what compensation is available, and the deadlines you need to know. Call K L Sanchez Law Office, P.C. at (646) 701-7990 for a free consultation.

keetick sanchez pic in office.jpg

Google Review by

Edwin Morazan

I would like to thank the KL Sánchez group and the lawyer Sanchez, for helping my mother and myself to fight the lawsuit in a car accident which turned out to be favorable to us due to the experience and the good work done. Likewise for Sonita Espinoza, who is the paralegal who assisted me in this almost 2-year process. I highly recommend this defense group for car accident cases, criminal defense, construction falls. Thank you very much and God bless you for your good work. Edwin Morazan.

2024 plaque award keetick sanchez

Schedule a Free Consultation

(Consulta Gratis)

Contact Us Now

24 hours a day, 7 days a week

What Is Distracted Driving Under New York Law?

Distracted driving is any activity that diverts a driver’s attention away from the road. New York law specifically bans the use of handheld mobile phones and portable electronic devices while operating a motor vehicle.

Visual, Manual, and Cognitive Distractions

Driver distractions fall into three categories, each describing a different way a driver’s attention can be pulled from the road:

  • Visual distractions: Take the driver’s eyes off the road (looking at a phone screen, checking GPS, glancing at a passenger)
  • Manual distractions: Take the driver’s hands off the wheel (texting, eating, reaching for an object)
  • Cognitive distractions: Take the driver’s mind off driving (talking on the phone, daydreaming, or being emotionally upset)

Texting is especially dangerous because it involves all three types at once. On Queens streets with heavy foot traffic and frequent lane changes, even a few seconds of inattention can cause a serious collision.

What New York Law Prohibits

NY Vehicle and Traffic Law § 1225-c prohibits drivers from using a handheld mobile telephone while operating a vehicle. VTL § 1225-d prohibits drivers from using a portable electronic device while driving, including handheld mobile phones, PDAs, laptops, pagers, two-way messaging devices, electronic games, portable computing devices, and similar devices used to read, write, send, receive, or access electronic data.

Key Takeaway: New York law bans handheld mobile phones and portable electronic devices while driving. A single conviction adds 5 points to a driver’s license.

If you were injured by a driver who was texting, using a phone, or otherwise not paying attention on Queens roads, K L Sanchez Law Office, P.C. can help you understand your legal options and protect your right to compensation. Call (646) 701-7990 today for a free consultation.

How Common Are Distracted Driving Crashes in Queens?

Distracted driving is consistently ranked among the top causes of car accidents across New York City. Queens’ dense traffic, heavy pedestrian activity, and busy commercial corridors create conditions where even a brief moment of inattention can lead to a serious collision.

High-Risk Locations in Queens

Several Queens roadways carry heavy traffic where distracted driving can be especially dangerous. Roosevelt Avenue, Northern Boulevard, and Queens Boulevard carry heavy vehicle and pedestrian traffic throughout the day. Intersections along these corridors, particularly in Jackson Heights and Flushing, can be dangerous because of the mix of commercial deliveries, buses, pedestrians, cyclists, and turning vehicles.

Who Is Most at Risk?

Pedestrians, cyclists, and other drivers all face danger from distracted motorists. Rear-end and intersection crashes are common in distracted driving accidents because a distracted driver may not notice slowing traffic, a red light, or a person crossing the street.

Key Takeaway: Distracted driving crashes often happen in seconds, especially on crowded Queens roads where drivers, pedestrians, cyclists, and buses share the same intersections. If you were hurt in a rear-end or intersection collision caused by an inattentive driver, call K L Sanchez Law Office, P.C. at (646) 701-7990 to discuss your options during a free consultation.

keetick 05.07 new page queens distracted driving accidents keetick gmb

Google Review by

Mary O

I just recently had an awesome experience with the team at K L Sanchez law office. The lawyer, Kettick Sanchez, was very professional and knowledgeable throughout the whole process, her assistant Kelly was also great at communicating and helping me with any concerns I had. Would definitely recommend their services due to their high quality of work and passion!

Who Is Liable for a Distracted Driving Accident in NY?

The distracted driver is typically the primary liable party. However, liability can also extend to employers and vehicle owners depending on the circumstances. New York’s comparative negligence rule means you can still recover compensation even if you share some fault for the collision.

Driver Liability and Negligence

To hold a distracted driver liable, you must prove four elements, each of which must be supported by evidence:

  • Duty: The driver owed a duty of care to operate their vehicle safely
  • Breach: The driver breached that duty by engaging in a distraction (such as texting)
  • Causation: The distraction directly caused or contributed to the crash
  • Damages: You suffered actual injuries and financial losses

Evidence of phone use or a traffic citation for violating VTL § 1225-c or § 1225-d is strong proof of breach and can substantially support the negligence elements needed to establish liability.

Employer and Third-Party Liability

Under the doctrine of respondeat superior, employers may be held liable when employees cause crashes while performing job duties. This may apply to delivery drivers and commercial truck operators. Rideshare cases should be handled separately because liability and insurance often depend on the driver’s app status, pickup location, and whether the driver was logged in or engaged in a prearranged trip.

Additionally, NY Vehicle and Traffic Law § 388 holds vehicle owners liable for injuries caused by anyone driving their vehicle with permission. Under CPLR § 1411, New York’s comparative negligence rule, your compensation is reduced by your percentage of fault but is not eliminated entirely.

Key Takeaway: Liability in a distracted driving case is not always limited to the driver holding the phone. K L Sanchez Law Office, P.C. investigates whether employers, vehicle owners, rideshare companies, or other parties may also share responsibility for a Queens crash. Call (646) 701-7990 for a free consultation to learn what compensation may be available in your case.

What Injuries Do Distracted Driving Victims Suffer?

Distracted driving crashes often produce severe injuries because the at-fault driver typically fails to brake or swerve before impact. Common injuries include whiplash, traumatic brain injuries (TBI), spinal cord damage, broken bones, and soft tissue injuries.

Injuries That Meet New York’s Serious Injury Threshold

To recover non-economic damages, such as pain and suffering, against another covered driver, your injuries generally must meet New York’s “serious injury” threshold. Qualifying categories include:

  • death
  • dismemberment
  • significant disfigurement
  • fracture
  • loss of a fetus
  • permanent loss of use of a body organ, member, function, or system
  • permanent consequential limitation of use of a body organ or member
  • a significant limitation of the use of a body function or system
  • a medically determined non-permanent injury or impairment that prevents the injured person from performing substantially all usual and customary daily activities for at least 90 of the 180 days immediately following the crash

Long-Term and Catastrophic Injuries

Traumatic brain injuries and spinal cord damage can result in permanent disability, cognitive difficulties, and the inability to return to work. Long-term care costs for these injuries can be substantial and may require ongoing rehabilitation.

Key Takeaway: To file a personal injury lawsuit in New York beyond no-fault benefits, your injuries must meet the “serious injury” threshold under Insurance Law § 5102(d). If you are dealing with ongoing pain, medical treatment, or difficulty returning to work after a Queens collision, call K L Sanchez Law Office, P.C. at (646) 701-7990 for a free consultation about your legal options.

How Does New York's No-Fault Insurance System Apply?

New York no-fault benefits generally cover up to $50,000 in basic economic loss. After a distracted driving crash, the no-fault claim is usually filed with the insurer for the vehicle you occupied; pedestrians generally file with the insurer for the vehicle that struck them. 

What No-Fault Covers (and What It Does Not)

No-fault benefits include the following types of coverage available to injured drivers and passengers after a crash:

  • Reasonable and necessary medical expenses
  • 80% of lost earnings, up to $2,000 per month, for up to three years
  • Up to $25 per day for up to one year for other reasonable and necessary expenses, such as household help or transportation to medical appointments 

No-fault insurance does not cover pain and suffering, emotional distress, or loss of enjoyment of life. To recover those damages, you must file a separate lawsuit against the at-fault driver, and your injuries must meet the serious injury threshold.

Filing a No-Fault Claim After a Queens Crash

Written no-fault notice with enough information to identify the injured person and the time, place, and circumstances of the accident must be given to the applicable no-fault insurer as soon as reasonably practicable, but no later than 30 days after the accident, unless there is a clear and reasonable justification for the delay.

Key Takeaway: New York’s no-fault system provides coverage for medical bills and lost wages, but it does not compensate for pain and suffering. If your injuries are serious, you may have the right to sue the distracted driver directly.

Google Review by

Yanay Perera Reves

Dealing with the aftermath of a car accident was tough, but having this Keetick by my side made all the difference. Her skill in the courtroom and compassion during my recovery period were more than I could have asked for. Truly the best in Queens.

ABOGADOS QUE HABLAN ESPAÑOL!

Llámanos ahora

Schedule a Free Consultation

(Consulta Gratis)

Queens Car Accident Attorney in Jackson Heights - K L Sanchez Law Office

keetick l sanchez photo.png

Keetick L. Sanchez, Esq.

Keetick L. Sanchez is a Queens car accident lawyer who has investigated and prosecuted hundreds of personal injury cases throughout New York City. Before becoming an attorney, she worked as a trial litigation paralegal handling motor vehicle accidents, Labor Law claims, and slip-and-fall cases, giving her extensive hands-on experience with complex injury litigation from the start of a case through trial preparation.

After earning her law degree from Touro College Jacob D. Fuchsberg Law Center, Keetick L. Sanchez built a reputation as a tough and dedicated advocate for injury victims. She represents clients across Queens and New York City in personal injury matters involving car accidents, distracted driving crashes, and other serious negligence claims, and is admitted to practice law in both New York and Texas.

Google Review by

Horus Garay

The legal office of Lawyer K L Sánchez, provided us with an excellent service with very qualified personnel, Lawyer Sánchez is a very professional, very qualified and very responsible person, in the same way Ms. Yenny is a very professional and qualified person, they They show interest and concern for your case and do not rest until it is 100% resolved, which I certainly recommend. For my part you have my gratitude and thanks.

What Compensation Can Queens Crash Victims Recover?

Queens distracted driving victims who meet the serious injury threshold can pursue two categories of damages. New York does not cap compensatory damages in personal injury cases.

Economic Damages

Economic damages cover measurable financial losses that can be calculated using bills, pay stubs, and other documentation:

  • Past and future medical expenses
  • Lost wages and reduced earning capacity
  • Out-of-pocket costs (transportation to medical appointments, medical equipment)
  • Property damage to your vehicle

Non-Economic Damages

Non-economic damages compensate for losses that do not carry a specific dollar amount but have a real and lasting impact on a victim’s life:

  • Physical pain and suffering
  • Emotional distress
  • Loss of enjoyment of life
  • Loss of consortium (impact on your relationship with a spouse)

Non-economic damages are only available when injuries meet the threshold under NY Insurance Law § 5102(d). An attorney can assess your injuries and help determine whether your case qualifies for these additional damages.

Key Takeaway: Queens distracted driving victims who meet the serious injury threshold can pursue both economic and non-economic damages, compensation that goes far beyond what no-fault insurance covers. Call K L Sanchez Law Office, P.C. at (646) 701-7990 to find out what your case may be worth.

How Do You Prove Distracted Driving in New York?

Proving that a driver was distracted at the time of the crash requires gathering specific evidence quickly. Phone records, surveillance footage, and witness statements are among the most powerful tools, but they can disappear if you wait too long after the collision.

  • Cell phone records: Phone records can show call and text timing, while device data or forensic evidence may be needed to prove app use, browsing, or other activity near the time of the crash.
  • Traffic and surveillance camera footage: Recordings from nearby businesses, traffic cameras, or dashcams may capture the driver’s behavior
  • Police reports: Officers may note device use or signs of distraction at the scene
  • Eyewitness statements: Other drivers, passengers, or pedestrians who saw the at-fault driver looking at a phone
  • Event data recorder (EDR) data: Many modern vehicles record speed, braking, and steering inputs before impact
  • Social media posts: Posts by the at-fault driver near the time of the crash can sometimes support an inference of phone use or distraction

Evidence in distracted driving cases is time-sensitive. Surveillance footage may be overwritten within days, witnesses’ memories fade quickly, and phone data can be deleted. Contacting an attorney immediately after a Queens crash increases the chance of preserving the proof needed for your case.

Key Takeaway: Building a strong distracted driving claim often depends on securing evidence before it is lost or overwritten. K L Sanchez Law Office, P.C. can help investigate your Queens crash, preserve important evidence, and pursue compensation from the at-fault driver. Call (646) 701-7990 today for a free consultation.

What Are New York's Penalties for Distracted Driving?

New York imposes fines, DMV points, and potential license consequences for distracted driving violations. Each conviction for using a handheld mobile phone or portable electronic device adds 5 points to the driver’s license.

Fines and License Consequences

OffenseFine RangeDMV Points
First offense$50 to $2005
Second offense (within 18 months)Up to $2505
Third or subsequent offense (within 18 months)Up to $4505

Under the DMV point-system update effective February 16, 2026, the lookback period for possible administrative action was extended from 18 months to 24 months.

How a Traffic Conviction Affects Your Civil Case

A distracted driver’s traffic conviction can strengthen your personal injury case. A conviction or admitted violation of VTL § 1225-c or § 1225-d can support a negligence per se or negligence-as-a-matter-of-law argument, but the injured person still must prove causation, damages, and the serious-injury threshold where applicable. While a citation alone does not guarantee civil liability, it makes it much harder for the driver to deny fault.

Key Takeaway: Traffic citations and distracted driving violations can play an important role in proving fault after a Queens crash. If you were injured by a driver who was texting, using a handheld device, or otherwise distracted, K L Sanchez Law Office, P.C. can review the evidence and explain your options for pursuing compensation. Call (646) 701-7990 for a free consultation.

Call for a free case review

(Consulta Gratis)

Call Now (516) 447-0018

Learn More

New York gives most car accident victims three years from the date of the accident to file a personal injury lawsuit under CPLR § 214. However, other deadlines are much shorter:

  • Personal injury lawsuit: 3 years from the date of the crash
  • No-fault application: 30 days from the accident
  • Notice of claim (government entity): 90 days if a government vehicle or employee caused the crash (for example, a distracted MTA bus driver)
  • Wrongful death claim: 2 years from the date of death
  • Claims involving minors: A minor’s personal injury filing deadline may be tolled under CPLR § 208, but no-fault and notice-of-claim deadlines may still require prompt action.

Key Takeaway: New York gives most car accident victims three years to file a personal injury lawsuit, but no-fault applications must be submitted within 30 days. Missing either deadline can eliminate your right to recover.

K L Sanchez Law Office, P.C. represents distracted driving accident victims throughout Queens, including Jackson Heights, Flushing, Astoria, Forest Hills, Jamaica, Woodside, Elmhurst, Corona, Rego Park, Bayside, Long Island City, Ridgewood, and Sunnyside. We also serve clients across all five boroughs of New York City from our office at 37-06 82nd St #304, Jackson Heights, NY 11372.

Schedule a Free Consultation

(Consulta Gratis)

Call Now (516) 447-0018

24 hours a day, 7 days a week

Experienced Legal Help After a Distracted Driving Accident in Queens

Recovering from a distracted driving crash is overwhelming. Between medical appointments, lost wages, and pressure from insurance companies, it can be hard to know where to turn.

Keetick L. Sanchez of K L Sanchez Law Office, P.C., handles every aspect of distracted driving claims, from gathering evidence and dealing with insurers to filing suit in Queens County courts and pursuing maximum compensation. We serve all of Queens, including Jackson Heights, Flushing, Astoria, Jamaica, Forest Hills, and surrounding communities.

Call K L Sanchez Law Office, P.C. at (646) 701-7990 or visit our Jackson Heights office at 37-06 82nd St #304, Jackson Heights, NY 11372, to schedule your free consultation.

k l sanchez team.jpg

Google Review by

Mina Horn

I had a really good experience working with my lawyer Keetick Sanchez. She greatly helped me through a stressful time in my life and made the whole process go very smooth. Ms. Sanchez’s paralegal Sonia Espinoza was always available and took the time to answer all of my questions. Neither of them ever rushed me through anything, rather they provided me with thoughtful support and advice.

Frequently Asked Questions About Distracted Driving Accidents in Queens, NY

Call 911, seek medical attention, and photograph the scene if you are able. Give written notice or file a no-fault claim with the applicable no-fault insurer within 30 days to preserve no-fault benefits, and contact a Queens car accident attorney as soon as possible to protect your evidence and legal rights.

Yes. If your injuries meet the serious injury threshold under NY Insurance Law § 5102(d), you can file a personal injury lawsuit against the at-fault driver to recover pain and suffering damages that no-fault does not provide.

Compensation depends on the severity of your injuries, medical expenses, lost income, and impact on your daily life. New York does not cap compensatory damages in personal injury cases, and both economic and non-economic damages may be available if your injuries meet the serious injury threshold.

Cell phone records, traffic camera footage, police reports, eyewitness statements, and vehicle event data recorder information can all prove distraction. Because this evidence can disappear quickly, contacting an attorney soon after the crash is critical.

Under CPLR § 214, you generally have three years from the date of the accident to file a personal injury lawsuit. No-fault applications must be submitted within 30 days. If a government vehicle was involved, a notice of claim must be filed within 90 days.

Yes. Under CPLR § 1411, New York follows a pure comparative negligence rule. Your compensation is reduced by your percentage of fault but you are not barred from recovering. For example, if you are 20% at fault, you can still recover 80% of your total damages.