Cell phones have undeniably revolutionized interpersonal communication. While they connect us, their pervasive use, particularly texting while driving, leads to dangerous accidents. If injured in New York by a texting driver, please don’t hesitate to contact an experienced New York City Auto Accidents Attorney who can help you fight for the justice you deserve. Please continue reading as we explore the laws regarding this issue and the steps you can take to strengthen your claim.
What Are New York’s Laws Regarding Texting and Driving?
Staying alert while behind the wheel is vital to prevent accidents. Many drivers underestimate the risks of minor distractions, like answering a phone call or checking a text message. Yet, even a few seconds of distraction can lead to unexpected dangers, such as sudden stops by the car in front, changing traffic lights, or a pedestrian stepping into the street.
In New York, it’s illegal to use a handheld mobile phone or portable electronic device while driving, unless you are facing emergency circumstances, you are permitted to call 911 or other emergency personnel. Violating this law can lead to a traffic ticket, substantial fines, demerit points on your driver’s license, and surcharges.
How Can I Pursue Compensation for My Damages?
Securing the compensation you are entitled to after a texting and driving accident can be challenging, as negligent drivers often deny fault. However, you can maximize your chances of recovering the compensation you need to get your life back on track by following certain steps.
Even if your injuries seem minor, you should get checked out by a doctor and maintain thorough medical records. This documentation is crucial for linking your injuries to the accident, establishing a legal claim for damages. Contact the police and relay your suspicion that the other driver was texting at the time of the accident. File a police report, as it can detail the driver’s distracted behavior, or if a citation was issued for texting and driving, which can help you prove negligence.
From here, you should gather evidence such as eyewitness statements. Individuals who observed the driver texting while behind the wheel can provide valuable corroboration of your version of the events. If you have a dashboard camera or access to nearby security cameras, they may reveal that the driver was texting and driving. Finally, it’s in your best interest to consult with an experienced attorney who can help you understand your legal options and safeguard your rights. They may be able to subpoena the defendant’s cell phone records to uncover texting activity immediately preceding the accident.
At Swerling Law, we are prepared to investigate the circumstances of the accident and explain the relevant laws and how they apply to your case. Connect with our firm to learn how we can fight for the compensation you deserve and need to get your life back on track.