Texting While Driving Car Accidents in Queens
When you drive a motor vehicle, you have a duty to remain focused and aware of your surroundings to avoid crashing into another vehicle, a bicycle, or a pedestrian. This means limiting distractions such as eating, speaking to other passengers, and especially using a cell phone. However, because phones have become essential to many people’s lives, it may be difficult to put them away when you need to keep your attention on the road.
Texting while driving car accidents in Queens pose a serious risk, which is why the state passed a law prohibiting the use of phones while operating a vehicle. Unfortunately, some people choose to ignore this rule. If you have been struck by a driver who was using their phone, a car accident attorney from Goldstein & Bashner could help you recover financial compensation for your injuries.
Understanding the State’s No Touch Law
A distraction is any behavior or outside factor that takes the driver’s eyes off the road, hands off the wheel, or attention away from the task of operating a motor vehicle. Using a mobile phone does all three of these, which is why texting while driving significantly increases the risk of a car collision in Queens.
To help reduce the frequency of these accidents, many states have enacted laws that prohibit drivers from using or even holding their devices while operating their vehicles. These are often referred to as no-touch laws, as exceptions may apply when using a hands-free function. Vehicle and Traffic Laws § 1225-c and 1225-d outline New York’s rules for phones and other electronic devices, such as laptops and tablets. Drivers found violating these rules can face penalties, including a fine of $50 to $200 and points on their license. Subsequent violations may increase the fine to up to $450.
However, these are minor punishments compared to the serious injuries that victims may endure if a texting driver causes a crash. If you were injured in a texting while driving accident, an experienced attorney could help you file a claim to recover compensation.
How Does the Law Help Determine Fault?
In any injury claim, the key is to determine who was at fault. This can be a challenging process, and demonstrating fault often relies on small details. For a texting driver in Queens, failing to obey traffic laws can strongly indicate that they were responsible for the car wreck.
Because New York is a no-fault state, victims must first use their own insurance policy to cover expenses resulting from the incident. However, this may not be enough protection if the crash left them with severe injuries.
In these cases, a skilled attorney could file a claim against the at-fault driver’s insurance to address the remaining losses. Victims may also be able to recover compensation for the damage to their vehicle and emotional distress.
Speak to a Queens Attorney After a Texting While Driving Car Crash
While there are laws intended to prevent texting while driving car accidents in Queens, they can unfortunately still occur. With the help of a lawyer from Goldstein & Bashner, you may be able to recover financial compensation for your injuries.
Our attorneys understand that this is a difficult time, and we could support you throughout the process. Call today to schedule an initial consultation and discuss your situation.
