Bohemia Texting While Driving Accident Lawyer
Traffic safety experts categorize driving distractions as cognitive, visual, or manual, and texting while driving qualifies all three. Unfortunately, drivers continue to use their cell phones on the road despite increasing awareness of the dangers presented by texting while driving. According to the National Highway Traffic Safety Association, cell phone use while driving caused an estimated 1.5 million car crashes in 2017 in the United States.
If you were recently involved in an accident with a texting driver, a well-versed Bohemia texting while driving accident lawyer might be able to recover financial compensation for your damages. Consider talking to a qualified car crash attorney about your case.
The Liability of Texting Drivers in Bohemia
Licensed drivers behind the wheel of a motor vehicle owe a duty of care to others who share the road with them, which means they must act with reasonable caution at all times. This includes not texting or otherwise using a cell phone while driving, and doing so could constitute a breach of that duty of care. A driver who breaches this duty and subsequently causes an accident may be held civilly liable for any resulting injuries and damages. For more information about establishing liability, contact a seasoned lawyer.
With the help of a Bohemia texting while driving attorney, a civil plaintiff may be able to pursue compensation for a variety of damages. Among other losses both economic and non-economic in nature, a defendant found liable for causing an accident could owe financial compensation to the plaintiff for:
- Medical bills
- Lost wages
- Rehabilitation expenses
- Pain and suffering
- Loss of enjoyment of life
Potential Plaintiff Liability
As per New York Civil Practice Law & Rules §1411, civil plaintiffs could be subject to pure comparative fault depending on the circumstances of their accident. Under this law, a plaintiff who is partially liable for causing the accident that injured them can still recover damages, but their compensation would be reduced by their percentage of fault.
Even if the defendant was texting at the time of the accident or shortly before, the court may also consider the actions of the plaintiff if the defense requests for it to do so. For example, if the accident victim was operating their vehicle above the posted speed limit or failed to yield the right-of-way, the court could find that both the plaintiff and the defendant bear liability for the accident.
However, the court can only take the possibility of plaintiff liability into consideration if the defendant specifically brings it up. Plaintiffs in Bohemia who believe they may bear some liability in their accident should consult with a texting while driving accident lawyer about maximizing their recoverable compensation.
Contact a Bohemia Texting While Driving Accident Attorney
Hiring an attorney to help represent your legal rights and interests could be the best choice you could make when it comes to effectively seeking financial recovery through civil litigation. You should not agree to a settlement offer from the other driver’s insurance company until you have had the opportunity to meet with a skilled legal representative. Call a Bohemia texting while driving accident lawyer today to schedule an initial consultation.