Long Island Texting While Driving Lawyer
Despite state laws that directly prohibit cell phone use while a driver is behind the wheel, texting while driving is a common occurrence that regularly causes crashes. According to the National Highway Traffic Safety Administration (NHTSA), a driver who is texting while operating a motor vehicle is 23 times more likely to be involved in an accident.
If you suffered an injury in a collision due to someone using their phone while driving, contact a Long Island texting while driving lawyer to help discuss your potential legal options. A dedicated attorney could explain how the legal process works to establish negligence and help to file a claim to seek compensation against an at-fault driver.
The Law on Texting Behind the Wheel
New York Vehicle and Traffic Law Section 1225-d outlines a number of driving behaviors and actions which are prohibited under state law. Specifically, this statute includes phone uses which are illegal while driving:
- Playing games on a cell phone or gaming system
- Talking on a phone—unless using a hands-free device
- Browsing the internet on a phone or other device
If these or similar actions were the leading cause of a crash, an injured driver may be able to build a claim on this basis. However, legally demonstrating this negligence may be difficult without the aid of well-versed texting while driving accident lawyer in Long Island.
Seeking Compensation Against a Texting Driver in Long Island
A person injured in a car crash may be able to file a claim against another driver who was believed to be careless or reckless. Essentially, if an injured plaintiff can prove that the other driver’s negligence directly caused a crash, the at-fault driver could be held liable to cover damages. For a successful claim, an injured claimant must demonstrate this negligence through three primary elements:
- Duty of care: every driver owes others on the road a duty of care to drive reasonably and safely
- Breach of duty: the at-fault driver breached their duty—for example, by texting while driving
- Causation: as a result of this breach of duty, the claimant suffered injuries
Legally speaking, damages can include physical, emotional, or economic losses such as medical expenses, pain and suffering, lost income, and emotional distress. Calculating the extent of the losses following a crash may prove difficult without an experienced attorney, however.
Comparative Negligence in Long Island
Comparative negligence may impede a full recovery of damages for an injured claimant. NY CPLR § 1411 states that if a defendant can demonstrate that the injured claimant was also negligent while causing an accident, the amount of damages that the claimant may be entitled to would be decreased in proportion to the amount that they were liable. Thus, if the injured claimant was determined to be 35 percent responsible, they could only recover 65 percent of the total awarded damages.
Contact a Long Island Texting while Driving Attorney Today
If you were injured due to another driver’s neglect behind the wheel, consider reaching out to a Long Island texting while driving lawyer to discuss seeking compensation. After a crash you may be facing financial bills and the inability to work, leaving you feeling unsure of how to proceed, so let a skilled attorney help.