Car Accidents Caused by Texting and Driving in Bay Shore

Car accidents caused by texting and driving in Bay Shore are becoming increasingly common as cellphone use behind the wheel continues to rise. Drivers owe a duty to others on the road to remain attentive, but many fall short by engaging in distractions like texting. In response, state lawmakers have banned cellphone use while driving. Although a violation of this law is not a criminal offense, it may serve as persuasive evidence in a claim for damages against the at-fault driver.

An attorney could represent you if you were involved in a car accident caused by texting and driving. Our team of dedicated attorneys could work to investigate whether texting played a role in your collision and hold the negligent driver liable for their actions.

Local Laws that Prohibit Texting While Driving

Texting while driving is a reckless activity that places everyone on the road in significant danger. Therefore, New York Vehicle and Traffic Law §1225(d) outlaws this activity. Specifically, it is illegal for any person operating a motor vehicle to use any portable electronic device while their vehicle is in motion.

The law goes on to define a portable electronic device like a mobile telephone, a device with mobile data access, a laptop computer, or an electronic game. As a result, using devices such as e-readers or video games also falls under this statute.

Additionally, the law defines “use” as reading, sending, or composing a message, or performing any other command. Violations of this law are not criminal offenses in and of themselves, and convictions of these traffic offenses only carry a fine as a potential penalty. However, proof of a conviction can be convincing evidence in a claim for damages. A Bay Shore attorney could determine if a negligent driver broke the law by texting while driving and caused a car accident as a result.

Proving Negligence in Texting While Driving Car Wreck Cases

Driving demands a person’s full attention. Those who take their eyes off the road for even a second can significantly decrease their reaction times and contribute to serious collisions. Texting while operating a motor vehicle is a prime example of this. However, it still falls to an injured plaintiff to prove that a defendant’s negligence was the cause of the collision.

Using the legal theory of negligence per se, plaintiffs can introduce evidence of a conviction for a traffic violation in a claim for civil damages. If a court accepts this evidence of a traffic court conviction, that evidence allows that court to assume that a defendant was at-fault for a collision. As a result, it benefits all plaintiffs who are involved in car crashes to investigate whether texting may have played a role in their accident. A lawyer in Bay Shore could use evidence of texting while driving to build a car accident claim.

Contact a Bay Shore Attorney to Learn More About Claims for Accidents Caused by Texting and Driving

Texting while driving is a reckless activity that threatens the wellbeing of all people on the road. It is no surprise that this activity is illegal, and police officers can pull over a driver who they suspect has been texting while behind the wheel. While a conviction cannot result in any jail time, the consequences of that court case can have a powerful impact on a civil claim for damages.

Drivers who receive a citation for texting and driving may be presumably at-fault for a collision. For more information about car accidents caused by texting and driving in Bay Shore and how to pursue a claim for damages following such a crash, call today.