With drivers relying on their phones more and more, texting while driving has become a public health hazard. This act takes a driver’s eyes and attention off the road, making them more likely to make terribly dangerous mistakes behind the wheel that lead to accidents. When driving at normal speeds without braking, this can have devastating consequences.
If you or a loved one suffered injuries because of a negligent driver, a Baldwin texting while driving accident lawyer from Friedman & Simon, L.L.P. will advocate for damages on your behalf. More specifically, if you have lost a loved one due to an at-fault driver’s texting or another form of distracted driving, please accept our condolences. We hope you will allow us to help your family during this difficult time. We are passionate about representing the surviving family members of wrongful death victims. We are dedicated to winning the monetary compensation you are entitled to and the justice that your departed loved one deserves.
Call our firm today at (516) 932-0400 to receive a complimentary consultation.
In This Article
- Get Support from a Baldwin Texting While Driving Accident Lawyer
- Insurance Claims in Texting While Driving Accident Cases
- Damages that May Warrant a Personal Injury Lawsuit in New York
- Proving Liability in a Texting While Driving Accident Case
- Friedman & Simon, L.L.P. Can Help
Get Support from a Baldwin Texting While Driving Accident Lawyer
An experienced and dedicated injury lawyer will be a great resource after a car accident, guiding you throughout the entire personal injury claims process. Our team will start by reviewing your case and explaining your rights to determine the best course of action. We will keep you updated as we work to prove liability and communicate with adverse parties, such as the at-fault driver’s insurance carrier, and non-adverse parties, such as your treating doctor(s), on your behalf. Our team will also compile evidence to assign a value to your case. We do all this to support our mission. To win the best outcome for you in the shortest amount of time while making the process as convenient as possible for you.
When you choose Friedman & Simon, L.L.P. to represent you, you gain access to the following additional benefits:
- A team of passionate advocates for victims of negligence
- Ability to meet anywhere on Long Island or in the New York metropolitan area
- Assistance in Spanish, Bengali, Greek, Kannada, and Tamil
For a free legal consultation with a Texting While Driving Accident lawyer serving Baldwin, call 516-932-0400
Insurance Claims in Texting While Driving Accident Cases
New York requires all drivers to carry no-fault insurance, which generally covers treatment costs for their own injuries and resulting financial damages, (i.e., lost earnings because accident injuries have disabled the victim,) after a collision occurs, regardless of who caused it.
However, in some cases, an accident injury victim suffers damages beyond what is covered by no-fault insurance. For example, the pain and suffering experienced and reasonably anticipated to be experienced in the future, because the at-fault driver failed to exercise the degree of care that would have prevented anyone being injured, should be recoverable by the wounded victim and such a claim would be the objective of a liability claim.
This situation is one of many examples of why having an attorney working on your case can be beneficial, even if you do not believe you will need to go to court. Your attorney will gather proper evidence of your damages and negotiate your claims with all involved insurers. A New York lawyer will also review your case and determine if your damages warrant a lawsuit. As the process unfolds, you will be informed of developments with everything explained patiently, compassionately, and in a most respectful and professional manner.
Baldwin Texting While Driving Accident Lawyer Near Me 516-932-0400
Damages that May Warrant a Personal Injury Lawsuit in New York
When a collision is severe, a no-fault auto policy may not provide enough coverage to handle a driver’s damages. In that case, New York law allows victims to file a personal injury lawsuit, provided that their injuries or expenses surpass a certain threshold. Under New York Civil Insurance Law (ISC) §5102(d), damages beyond “basic economic losses” and severe injuries, such as the following, may qualify:
- Permanent loss or limitation of a limb
- A temporary impairment that lasts at least 90 days
- Loss of a fetus
Other statutes will also play a role in your pursuit of damages. When a lawsuit is necessary in a New York personal injury case, New York Civil Practice Law & Rules (CVP) §214 sets a deadline for filing. This is known as the Statute of Limitations. Beyond submitting the necessary documents to initiate a lawsuit, your attorney will also need to gather evidence and speak with eyewitnesses, both of which are time-sensitive tasks. In addition to making sure action is taken in a timely manner to protect your rights, the sooner you contact us the greater our opportunity to build the strongest case possible on your behalf.
Reach out to our team today at (516) 932-0400 to discuss the possibility of pursuing a claim or lawsuit for your accident damages.
Proving Liability in a Texting While Driving Accident Case
Unlike a no-fault insurance claim, personal injury lawsuits require you to prove negligence and liability. In other words, your lawyers will need to identify the driver who caused your accident and provide evidence that their actions led to the collision.
Since New York State has banned the use of cell phones behind the wheel, texting while driving will typically make a driver liable for any damages when an accident occurs. As such, evidence that the other driver in your case was texting before your collision could serve as proof of negligence.
In this type of case, the driver’s cell phone records may be particularly relevant, along with eyewitness testimony, the police report, and traffic or surveillance camera footage, if available. Since some of this evidence can be difficult to obtain, reach out to our firm today to get the process going.
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Friedman & Simon, L.L.P. Can Help
At Friedman & Simon, L.L.P., we understand how difficult the aftermath of a severe collision can be. Whether you are recovering from injuries or mourning the loss of a loved one, hiring a Baldwin texting while driving accident lawyer to seek damages may be the furthest thought from your mind. Yet, doing so can help you handle the financial troubles that often come with such an accident.
Allow our team to carry some of the burden and take up your personal injury or wrongful death claim on your behalf. We will compile the evidence necessary to recover compensation for your medical bills, lost wages, and other damages. After we build a strong case, we will use it to advocate for you and your family.
Do not hesitate to contact us today at (516) 932-0400 so we can get started with your free consultation.