Let Our Experienced Car Accident Attorneys Explain Some of the Basics You Need to Know if You Were Involved in a Car Accident with a Driver Who Was Texting While Driving
Texting while driving causes car accidents. Talking on a cell phone without a hands free device also causes car accidents. These facts are undeniable. According to government statistics an estimated 700,000 accidents occur annually because of distracted driving. If you were injured in a car accident because of a distracted driver who was texting while driving, contact one of our experienced car accident attorneys to find out what you need to do next.
Why Is Texting While Driving Dangerous?
Using a cell phone, or texting while driving, forces a driver to look away from the roadway. Looking away for even a few seconds is dangerous because of the amount of distance your vehicle can travel during this time. In fact, a vehicle travels approximately one and one half times its rate of speed in feet per second. This means, for example, that a car traveling at 50 mph – travels 75 feet every second. As a result, if a driver traveling 50 mph looks away from the roadway for as little as 5 seconds to read or write a text, the car will travel approximately 375 feet – without the driver paying attention.
Because of the dangers associated with distracted driving, New York State Law provides that drivers may not:
- Hold a portable electronic device, including a cell phone, tablet, laptop, gaming device, or similar device;
- Talk on a handheld mobile phone, without a hands free device;
- Text, read, or browse messages or webpages;
- View, take, or send images.
How to Prove That the Defendant Was Texting and Driving at the Time of the Accident?
If you were involved in an accident because of a distracted driver, there are several ways to prove that the defendant driver was distracted by texting or talking on the phone without a hands free device. Here are a few options to consider:
- A driver might admit to it, although this is highly unlikely;
- A passenger in the car can testify that the driver was texting or talking on the phone while driving; or
- A witness to the accident can testify that the driver was looking down appearing to be texting – or talking on the phone.
You can also obtain records from the defendant’s cell phone provider to establish that the driver was texting or using the phone at the time of the accident. While phone providers do have very detailed records about cell phone use, simply asking for the records will not usually work. Instead, it is usually necessary to subpoena the records from the cell phone provider or request that the Court issue an order compelling production of the records.
Had An Accident With A Distracted Driver?
As with any car accident, the first thing to do is stay calm and call for help. We recommend 5 things to do in the 5 minutes after an accident. Another important issue to consider is the time of the accident. This is important because you will need to compare the time of the accident with the time that the cell phone records indicate the phone was in use. If the two match, this is critical evidence to prove that the defendant driver was distracted at the time of the accident.
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If you have any questions concerning an accident caused by texting and driving, contact our experienced personal injury attorneys for a free consultation by calling (800) 762-9300 – or by email. You can also get started by simply filling out one of our case intake forms, and we will have one of our attorneys get right back to you.
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