Millions Recovered for Injured Clients
$2,500,000
Settlement at trial for negligent road design
$2,400,000
Settlement at trial for a construction worker
$1,750,000
For a student injured at school
$1,300,000
For a motorcyclist
$1,200,000
Verdict for Car Crash Victim
$1,000,000
For a motorcyclist
$950,000
For car crash victim
Trial-Ready Representation for All Types of Distracted Driving Accident Claims
Distracted driving crashes are often more complicated than they first appear. A driver may deny texting, using a phone, or doing anything that took their attention away from the road. Proving what happened requires a careful investigation and the right evidence.
New York prohibits drivers from using portable electronic devices while driving, including texting, emailing, browsing the internet, and other electronic activities under Vehicle and Traffic Law §1225-d. When a driver’s distraction contributes to a crash, that violation may become important evidence in an injury claim.
Our Amherst distracted driving accident attorneys handle cases involving:
- Texting and driving
- Cell phone use behind the wheel
- Checking apps, emails, or social media while driving
- GPS and navigation distractions
- Eating, drinking, or adjusting vehicle controls
- Other forms of driver inattention
We investigate the details behind your crash, including available video footage, witness accounts, police reports, and electronic evidence obtained through proper legal channels. Our goal is to identify what caused the collision and pursue the compensation you need after a serious injury.
Why Choose Hiller Comerford Injury & Disability Law
Distracted driving claims require more than an accident report. Amherst car accident attorneys at Hiller Comerford Injury & Disability Law know how to investigate crashes, preserve critical evidence, and build strong claims against negligent drivers and insurance companies.
When you choose us, you gain a personal injury law firm with more than 27 years of litigation experience, nearly 20,000 clients served, 48 attorneys, and a 240-person team.
Local Experience in Amherst and Erie County
We understand the roads, intersections, and traffic patterns that shape crashes throughout Amherst and Erie County. Whether your accident happened near busy commercial areas, school zones, or major local routes, our attorneys know how to examine the details that can help explain what caused your collision.
One Firm for Your Injury and Disability Needs
Some distracted driving injuries make it difficult or impossible to return to work. If your accident affects your ability to earn a living, our Social Security Disability lawyers in Amherst can handle your claim while our injury attorneys pursue compensation from the responsible party.
We’re Trial-Ready Attorneys Prepared to Fight
Insurance companies pay attention to which law firms are prepared to take a case further. We build every claim with the possibility of litigation in mind, giving our clients strong representation whether we are negotiating with an insurer or presenting their case in court.
We Have a No-Fee Guarantee
You never pay us upfront. We only get paid if we win for you, so our success is directly tied to yours.
Free Case Evaluation
Speak with a lawyer at no cost. We’ll review your situation, explain your options, and help you understand the best path forward.
You’re More than a Case
We treat every client like family, taking the time to understand your story and guide you through every step with care and compassion.
What Compensation Can You Recover After a Distracted Driving Crash in Amherst?
After a distracted driving accident, compensation may be available for the financial losses, physical injuries, and personal hardships caused by the crash. In Amherst, your claim may begin with No-Fault benefits, which can cover certain medical expenses and lost wages regardless of who caused the accident. To protect those benefits, you generally must submit your No-Fault application within 30 days of the crash. If your injuries meet New York’s serious injury threshold, you may also be able to pursue a claim against the at-fault driver for additional damages.
Depending on the circumstances of your case, compensation may include:
- Medical treatment, rehabilitation, and future healthcare needs
- Lost income and reduced earning ability
- Pain and suffering and loss of enjoyment of life
- Permanent injuries, scarring, or disability
- Property damage and out-of-pocket expenses
- Wrongful death damages when a crash results in a fatal injury
Insurance companies often focus on minimizing what they pay rather than the full impact an accident has had on your life. Our Amherst distracted driving accident lawyers work with medical professionals and other experts when needed to document your losses and pursue the compensation you deserve.
Can I Still Recover Compensation If I Was Partially at Fault for the Accident?
Yes. New York follows a pure comparative negligence rule, so you may still recover compensation even if you share responsibility for the crash. Your recovery will be reduced by your percentage of fault, but you are not barred from bringing a claim. Because insurance companies often try to shift blame onto injured drivers, an Amherst car accident lawyer can help gather evidence and challenge unfair fault determinations.
"We fight for our clients as if they were family—taking cases to trial when necessary to ensure they receive the justice and financial recovery they deserve."
An Amherst Car Accident Lawyer Can Protect and Maximize Your Claim
Distraction cases turn on a question only the other driver can fully answer, and they have every incentive to stay silent. Our job is to reconstruct the truth from the evidence they can’t control, while you concentrate on getting better. From the very first case evaluation, we help clients by:
✓ Investigating how the crash happened: We review accident reports, witness statements, available video footage, and other evidence that may show the driver’s distraction or negligence.
✓ Protecting important evidence: We take steps to preserve available records and documentation before critical evidence becomes harder to obtain.
✓ Handling insurance companies: We manage conversations with insurers and work to prevent unfair attempts to minimize your claim.
✓ Documenting your losses: We gather medical records, wage information, and other evidence needed to show the full impact of your injuries.
✓ Identifying all responsible parties: In some cases, another person, company, or vehicle owner may share responsibility for the accident.
✓ Preparing for litigation when necessary: We build every claim with the possibility of trial in mind, giving you strong representation during negotiations or in court.
The costliest decision after a crash is usually to wait. Phone data gets overwritten, video is recorded over, memories blur, and the digital fingerprints of distraction are often first to vanish.
The sooner you speak with an Amherst distracted driving accident attorney, the sooner your legal team can begin protecting your rights and pursuing the compensation you may be entitled to.
Common Injuries Caused by Distracted Driving Accidents in Amherst
Distracted driving accidents can cause injuries ranging from short-term conditions to life-changing disabilities. The severity and medical documentation of your injuries can affect both the value of your claim and whether you qualify to pursue compensation beyond New York’s No-Fault benefits.
Our distracted driving accident attorneys in Amherst frequently help clients seek compensation for injuries including:
- Traumatic brain injuries and concussions
- Neck, back, and spinal cord injuries, including whiplash
- Fractures and broken bones
- Internal injuries and organ damage
- Torn ligaments, sprains, and other soft-tissue damage
- Deep lacerations, permanent scarring, and disfigurement
We coordinate with your treating doctors and, where it helps, independent specialists to capture the full arc of your care, from today’s treatment through the rehabilitation and long-term needs still ahead.
Ida and Stephanie were great! They kept me posted about my case. They provided documents for my doctors to fill out so I had as much medical records as I could! Stephanie represented me in the Judge appeal and was great asking me questions about my disability and helping me convey those disabilities to the judge! I’m so grateful ☺️ for their help! Highly recommend them!
Working with Hiller Comerford was easy. They took care of everything and their communication was exceptional. I’ve already referred others to them.
Seriously grateful to my attorney, Ryan Taylor. I spent years trying to navigate VA disability on my own and they managed to finally make headway where I could not.
Everyone I spoke with and worked with was extremely kind and had great communication also they were compassionate,they worked very diligently to help me and kept me well informed throughout the process I couldn't thank them enough.
I would like to extend my heartfelt appreciation to Hiller Comerford Injury & Disability Law for their exceptional support and guidance throughout my disability benefits process. Their expertise and dedication made an overwhelming situation feel manageable, and they ensured every step was handled with care and clarity. I am truly grateful for their assistance and highly recommend their services.
My lawyer RyanTaylor was amazing. He told me exactly how the process goes, what to expect and how long it realistically would take. He was able to get for me exactly what I had tried twice to do myself but was rejected by the VA for. I will recommend all my Veteran friends to him.
Hard workers, always looking at the positive side of the case and always listening to the client. Only down remark is hard to get calls back.
Hiller Comerford have been amazing. They got me a fully favorable decision on my disability claim, I could have never been able to do that on my own. Everyone in their office is so kind and so knowledgeable. They really helped make a difficult time of my life a pleasure. Thank you so much Hiller Comerford!!!
The firm understands the situation, and are very acknowledged about the social security laws and guidelines. Staff were very friendly. The attorney that represented me was Charles Gaughan and the case manager was Olivia Fritzen. They did a wonderful job with my representation for my case. I would highly recommend The law firm of Hiller and Comerford.
New York Statute of Limitations for Distracted Driving Accident Claims
New York’s statute of limitations generally gives you three years from the date of a crash to file a personal injury lawsuit. However, the deadline can vary depending on the details of your case. For example, claims involving a government entity may require a Notice of Claim within 90 days.
Waiting too long can also make it harder to investigate your accident and protect important evidence. An Amherst distracted driving accident lawyer can help you understand the deadlines that apply to your claim and take steps to protect your right to seek compensation.
Frequently Asked Questions
Below are answers to common questions we hear from Amherst clients after a distracted driving accident.
What should I do immediately after a distracted driving accident in Amherst?
Seek medical attention for your injuries, call the police, and document the crash if you are able. Take photos, gather witness information, and avoid giving a recorded statement to an insurance company before understanding your rights. The Amherst distracted driving accident lawyers at Hiller Comerford Injury & Disability Law can help investigate your crash and protect your claim.
How can I prove the other driver was distracted?
Distracted driving cases often depend on the evidence available after the crash. A distracted driving accident lawyer in Amherst can investigate police reports, witness statements, available surveillance footage, and other records that may show a driver’s attention was diverted. When appropriate, we use legal tools such as subpoenas and discovery requests to seek additional evidence, including electronic records that may help establish how the crash occurred.
Can I sue a driver for texting and driving in Amherst?
If a driver’s texting or phone use caused your accident and injuries, you may be able to pursue a personal injury claim against them. New York Vehicle and Traffic Law §1225-d prohibits certain forms of electronic device use while driving, and a violation may be considered evidence when determining whether the driver acted negligently. The attorneys at Hiller Comerford Injury & Disability Law can investigate the circumstances of your crash and pursue compensation for your losses.
What does it cost to hire a distracted driving accident lawyer in Amherst?
At Hiller Comerford Injury & Disability Law, you do not pay upfront attorney’s fees for your personal injury case. The firm handles distracted driving accident claims on a contingency fee basis, meaning you only pay legal fees if they successfully recover compensation for you. Your initial consultation is free, so you can discuss your accident and understand your options without financial pressure.
What if the distracted driver who caused my crash fled the scene or had no insurance?
You may still have options for seeking compensation after a hit-and-run or uninsured driver accident in New York. Depending on your insurance coverage and the circumstances of the crash, you may be able to pursue benefits through your own uninsured motorist coverage. Your distracted driving accident attorney can investigate the accident, work to identify the responsible driver when possible, and help you understand the insurance options available after a serious crash.
