Cell phones are capable of performing all kinds of amazing tasks. When it comes to cell phones and driving, however, texting behind the wheel continues to be a major risk. Each day, roughly eight people die in crashes that involve a distracted driver, according to the Centers for Disease Control and Prevention (CDC).
Although New York has passed laws against texting while driving, this does not stop drivers from continuing to engage in the behavior. If you were hurt in a car accident and believe the other driver was texting at the time of the crash, a North Bellmore texting while driving accident lawyer from Friedman & Simon, L.L.P. will help you.
Call our client intake team today at (516) 932-0400 for a free case review. We are available to meet people on Long Island or elsewhere in the New York metropolitan area.
In This Article
- Texting While Driving Is Illegal in New York
- Hold a Careless Driver Responsible After a Texting While Driving Crash
- Types of Damages Available in a Personal Injury Lawsuit
- Work with an Attorney Who Will Protect Your Rights
Texting While Driving Is Illegal in New York
Under New York law, it is illegal to even hold a cell phone in your hand for communication purposes while operating a motor vehicle, according to New York Vehicle & Traffic Code § 1225-D. This means that it is illegal to send and read text messages manually while you are driving.
The reason that texting while driving is so dangerous is because of the distraction it creates. Even momentarily taking your eyes off the road can prevent you from being able to identify and react to sudden changes in traffic or road conditions. The National Highway Transportation Safety Administration (NHTSA) reports that looking at a phone for just five seconds while driving at 55 mph would be the same as driving the distance of a football field with your eyes closed.
Despite these clear dangers and the law against it, we have all seen someone on their phone while driving. It is incredibly frustrating to realize how careless some drivers are and how willing they are to put you and your loved ones at risk.
For a free legal consultation with a Texting While Driving Accident lawyer serving North Bellmore, call 516-932-0400
Hold a Careless Driver Responsible After a Texting While Driving Crash
If you were hurt in a crash involving a driver who was texting, you might have the option of bringing a personal injury claim against them to recover compensation for your injuries. In the lawsuit, you will need to show the other driver was negligent. This involves four steps:
- Duty: First, you must show that the other driver owed you a duty to drive with the same care and skill as a reasonably prudent person.
- Breach: Second, you must show that the other driver’s conduct fell below this duty.
- Causation: Third, you must show that you probably would not have been hurt because the other driver failed to act according to their duty.
- Damages: Finally, you must provide evidence supporting the amount of compensation that you are requesting in the lawsuit.
It is important to gather plenty of evidence to prove each of these elements. The sooner you contact Friedman & Simon, L.L.P., the greater our opportunity to build the strongest case possible for you. This includes identifying any witnesses, obtaining nearby surveillance footage, and collecting any dashcam footage.
A reasonably prudent driver would not violate a basic traffic law by texting while driving. Depending upon the particular facts of your case, Friedman & Simon, L.L.P. will attempt to prove that the responsible party was on their phone at the time of the accident by taking steps such as obtaining cell phone records, reviewing the police report prepared after the accident, and locating any eyewitnesses.
Call Friedman & Simon, L.L.P. now at (516) 932-0400 to discuss your potential case with our car accident team.
North Bellmore Texting While Driving Accident Lawyer Near Me 516-932-0400
Types of Damages Available in a Personal Injury Lawsuit
There are a few types of damages that you may be able to recover if you prove the other driver was negligent. In general, you can request compensation for any expense that is reasonably tied to the accident and foreseeable. Some examples include:
- Medical expenses
- Future estimated medical care costs
- Lost wages
- Impaired earning capacity
- Impaired quality of life
- Pain and suffering
Fatalities are an unfortunate outcome of many texting while driving accidents. In this situation, the surviving family members have the option of bringing a wrongful death action to recover compensation for the loss of their loved one. If you have lost a family member in a texting while driving accident, please accept our condolences. We consider the representation of surviving family members of texting while driving wrongful death victims to be a solemn duty. When we have the privilege of representing such clients, we are committed to winning the compensation the surviving family needs and the justice their departed loved one deserves
If you suffered other types of damages as a result of the crash, Friedman & Simon, L.L.P. will review them to see whether you should request compensation for them in the claim or lawsuit. Keeping track of expenses and making sure that you request fair compensation is often one of the most overwhelming or daunting aspects of pursuing legal action. Help build your case and protect your rights by hiring attorneys who are passionate advocates for the injured. A North Bellmore texting while driving accident lawyer from Friedman & Simon, L.L.P. will work with you to gather a complete record of your crash-related expenses and injuries.
Work with an Attorney Who Will Protect Your Rights
Friedman & Simon, L.L.P. will assist you during the legal process in a number of ways. We will:
- Keep you updated on your case
- Identify liable parties
- Communicate with all parties for you
- Gather evidence
- Determine a value for your case
- Fight relentlessly to win the best possible outcome for you
We will also answer any questions you have about your rights, how the legal process works, and your options at different stages of the proceeding. While you focus on recovering from your injuries and putting your life back together, a North Bellmore texting while driving accident lawyer from our firm will build the strongest case possible on your behalf.
We offer a free consultation to discuss your situation privately. There is no obligation, and we only collect fees if we win a settlement or judgment in your favor. Call us today at (516) 932-0400 for your free case review. Our multilingual staff assists callers in Spanish, Greek, Bengali, Tamil, and Kannada.