Texting while driving is a dangerous habit that continues to contribute to a significant number of car accidents in New York. While the dangers of distracted driving are widely known, many drivers still take the risk of using their phones behind the wheel, often with devastating consequences. Should you experience being in an accident where the other driver may be texting while driving, it’s important to know how this affects your car accident claim.
Texting While Driving: A Legal Violation in New York
In New York, texting while driving is against the law. Under Vehicle and Traffic Law Section 1225-c, drivers are prohibited from using handheld devices for texting, emailing, or browsing the internet while operating a vehicle. This law is part of New York’s broader effort to reduce distracted driving and prevent accidents that often result from a driver’s divided attention.
If the at-fault driver was texting while driving, they are in violation of traffic laws. However, proving the other driver was texting during the crash requires evidence, and this is where having an experienced personal injury attorney becomes critical.
How to Establish Liability in Texting-While-Driving Accidents
Proving that texting contributed to the crash is essential to your claim. In New York, drivers who are at fault for an accident because of their texting behavior may face civil liability for both property damage and personal injuries.
There are several ways an experienced attorney can help establish that texting was a factor in your crash:
- Phone Records: Your lawyer may be able to request the other driver’s phone records to verify their activity at the time of the crash.
- Witness Testimony: Witnesses to the crash could potentially confirm that the other driver appeared distracted as they used their phone while driving.
- Police Reports: If the responding officer observed evidence that the other driver was texting, such as a phone in their hand or a confession of texting, this will be documented in the police report and can strengthen your case.
- Accident Reconstruction: In some cases, experts can analyze the circumstances of the accident and determine if the driver’s behavior, such as erratic driving or failing to brake, was consistent with texting.
How Texting While Driving Affects Compensation in Car Accident Claims
Texting while driving not only establishes fault but can also affect the compensation you are entitled to in a car accident claim. Under New York’s comparative fault rule, compensation is often based on the degree of fault of each party involved in the accident.
If the at-fault driver was proven to be texting while driving, they may be deemed by the court 100% responsible for the accident. This will make it easier for you to claim compensation for your injuries, medical bills, lost income, and physical and emotional distress. However, you’ll still need to prove that the accident directly resulted from their distracted driving.
Since texting while driving is a serious violation of the law and poses a substantial risk to public safety, your car accident claim may qualify for punitive damages — monetary awards that go beyond compensating the plaintiff for their losses. Punitive damages are regarded as punishment for harmful, malicious, and/or reckless conduct, and intend to deter the defendant from causing similar harmful actions in the future.
What Are the Insurance Implications?
If the other driver is proven at fault for texting while driving, the insurance process may tend to get more complicated, as insurance companies will usually attempt to minimize their payout. That’s why it’s important to enlist the services of an experienced lawyer, as they can help you leverage New York’s strict laws against texting during settlement negotiations or litigation.
A skilled lawyer will advocate fiercely on your behalf, ensuring you secure the full compensation you are entitled to. They will build a strong case for you so that the insurance provider cannot shift the blame or reduce the payout.
Legal Considerations for Texting-While-Driving Victims
Texting while driving is considered negligence, but proving this negligence in a car accident claim can be complex. It’s therefore essential to seek the assistance of an attorney to help you build your case and secure just compensation.
Beyond recovering compensation for your medical bills, lost wages, and property damage, your lawyer can also advocate for punitive damages if the circumstances warrant them. Texting while driving is not just an accident; it’s a conscious violation of the law, and holding the at-fault driver accountable is key to making our roads safer for everyone.
If you were involved in a vehicular accident where the other driver was texting while behind the wheel, it’s crucial to take immediate action. Contact our attorneys today to ensure your rights are upheld and your case is handled properly.
