Queller, Fisher, Washor, Fuchs & Kool, L.L.P.

Texting While Driving

Holding Distracted Drivers Liable for Their Actions

Texting While Driving While most people immediately think of driving under the influence or speeding as the chief cause of car accidents in the United States, cell phone use and texting while driving are just as dangerous. According to the National Safety Council, at least 1.6 million car accidents each year are caused by text messaging or general cell phone use. In fact, the NSC estimated that 23% of all traffic accidents involve the use of a cell phone. The NSC's study found that individuals who use cell phones while driving are four times more likely to be involved in a crash. Unfortunately, the NSC report has done nothing to quell the use of cell phones while driving. As a result, cell phone related crashes continue to happen at an alarming rate. Many of these crashes result in debilitating injuries and can be fatal in some cases.

When an individual suffers an injury in a car accident that was caused because another individual was texting while driving, they may have grounds to file a lawsuit. In a lawsuit, injured victims can recoup compensation for any economic or non economic damages the accident inflicted. Economic damages victims are eligible to receive include lost wages, property damage, medical bills uncovered by insurance, and any damage to their future earning potential. Injured individuals may also be able to receive compensation for any non-economic damages their accident caused, such as long-term pain and suffering or emotional trauma.

What is the Law Regarding Texting-While-Driving?

In New York, it is illegal to send or view text messages while operating a vehicle. Furthermore, New York's laws regarding use of mobile phones behind the wheel of a car prohibit the use of any other media, including websites and email. New York's mobile phone laws allow police officers to stop and ticket any drivers they see operating their cellular devices while behind the wheel. The effect of New York's texting laws cannot be overstated when it comes to lawsuits following an accident.

Due to New York's laws regarding mobile phone use in a car, texting while driving constitutes negligence. As a result, any driver who causes an accident while using their mobile phone may be liable for any damages incurred.

Do You Need a Car Accident Lawyer Following Your Crash?

While grounds for a lawsuit may seem obvious, at fault drivers and insurance companies often dispute that cell phone use was the cause of the accident. As a result, it is within the best interest of car accident victims to retain a skilled New York auto accident lawyer. A seasoned attorney will handle all aspects of the legal process, including filing the lawsuit, interviewing witnesses, subpoenaing phone records to prove the driver was on their cell phone, negotiating settlements when appropriate, and pursue maximum compensation in court. At Queller, Fisher, Washor, Fuchs & Kool our attorneys have been handling vehicle accident cases for over 50 years. Our resources, skill, and experience have led to many successful verdicts and settlements, a number of which have been worth over $1 million.

Have you suffered a serious injury in a car accident? Was the injury caused by another individual texting while driving? If so, you may be able to receive compensation for any damages caused by the accident. To see what legal options are available to you, contact the attorneys at Queller, Fisher, Washor, Fuchs & Kool for a free consultation. We can be reached at 212.406.1700 or via our online contact form.

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