We can all agree that cell phones have transformed interpersonal communication, offering constant connectivity with loved ones. While beneficial, this pervasive connection has a downside, as it leads to risky behaviors, particularly texting while driving. If you have been injured in an accident caused by a texting driver in New York, understanding the relevant laws and partnering with our seasoned Queens Personal Injury Attorneys is crucial to securing the justice you deserve.
What Does New York’s Law Say About Texting and Driving?
Remaining attentive while behind the wheel is crucial to avoid a collision. Many drivers underestimate the danger of brief distractions, such as taking a quick phone call or glancing at a text. However, even a few seconds of inattention can lead to unforeseen hazards like sudden braking by the car ahead, traffic signals changing, or a pedestrian entering the road.
Under New York State law, you are prohibited from using a hand-held mobile telephone or portable electronic device while you operate a vehicle. Using a portable electronic device while driving, unless it’s to contact 911 or emergency personnel, can result in a traffic ticket, fine, and surcharge.
How Can I Recover Damages?
Securing the compensation you deserve after a texting and driving accident can be challenging, as negligent drivers rarely admit to fault. However, several steps can strengthen your case.
Following the accident, you should seek immediate medical attention. Even if your injuries seem minor, get checked out and keep track of your medical records. This documentation can help prove negligence and establish a legal claim for damages. You should call the police and inform them of your suspicion regarding the other driver texting and driving.
The police report can be critical if it details the driver’s distracted behavior or if a citation was issued for texting and driving. Eyewitnesses who observed the driver texting can help corroborate your claim. Available security footage from nearby sources could also reveal that the driver was distracted behind the wheel.
In addition, an attorney might be able to subpoena the defendant’s cell phone records for texting activity immediately before the accident. A qualified attorney can help you file a claim with the at-fault driver’s insurance provider. If the insurance company fails to offer a fair settlement, your attorney can help you file a lawsuit and effectively represent your interests in court.
When another’s negligence causes you harm, fighting for the compensation you are entitled to is vital. At the Law Offices of George Poulos, we are prepared to guide you through these difficult situations and strive for the most favorable outcome. Contact our team today to learn how we can fight for you.