Westbury Texting While Driving Car Accident Lawyer
When a driver texting behind the wheel causes a severe collision, they may be answerable in the eyes of the law for any damages suffered by individuals in the crash. If you have suffered physical harm due to a texting driver’s negligence, a Westbury texting while driving car accident lawyer could counsel you regarding your possible legal options. A seasoned car accident attorney could advise if you have a just claim to compensation and help you formulate a strong plan of action to pursue the full damages you deserve.
Negligence in a Texting While Driving Car Crash
In New York, it is unlawful for drivers to use a handheld device to place, accept, or participate in a phone call while the car is moving. Motorists are also barred from using their handheld devices to view, draft, or submit a text while driving. Drivers who use hands-free devices or need to place an emergency phone call are not included in these restrictions.
When a driver fails to uphold these laws and texts while operating their vehicle, they could be held liable for negligence if someone is hurt in a collision they cause. Under the legal doctrine of negligence, if a person who owes a duty to another individual, violates that duty and this violation is the direct and proximate cause of the other individual’s injuries and damages, they may be responsible for compensating those they have injured.
In the context of an auto accident, if a driver were to breach their legal duty to drive with reasonable care by texting behind the wheel, and they hurt someone in a crash, they could be held answerable for the injured individual’s financial, emotional, and psychological damages. A texting while driving car collision attorney in Westbury would collect evidence such as the accident report, crash photos, witness statements, medical bills, pay stubs indicating lost wages, and other information to support the injured party’s negligence claim.
Compensation After a Westbury Texting While Driving Crash
Several types of compensation could be recoverable after a texting while driving crash. Economic damages such as the injured person’s hospital bills, prescription costs, therapy and rehabilitation expenses, wage loss, and property damage could be available. A Westbury lawyer could also help the claimant pursue the fair value of their non-economic damages for things like emotional anguish, pain, and suffering after a texting while driving auto accident.
In circumstances where the court determines that the texting driver acted with ill-intent or gross negligence, the injured party could be awarded punitive damages, a distinct category of compensation given in rare situations to punish the defendant for egregious misconduct.
Length of Time to File a Claim
Under New York Consolidated Laws Civil Practice Law and Rules § 214, individuals who are hurt in a texting while driving wreck have up to three years from the date of the collision to file an injury claim. Any legal action after that three-year period elapses could render the injured party ineligible for financial recovery.
Seek Legal Assistance from a Westbury Texting While Driving Car Accident Attorney
If you believe that you could be entitled to compensatory damages after a collision caused by a texting motorist, you should seek the counsel of a skilled Westbury texting while driving car accident lawyer. An attorney could ensure you fully understand all legal options at your disposal and guide you through each stage of the injury claims process. Contact an attorney today to discuss your potential claim to compensation.