Texting and driving is a real problem. In a society obsessed with technology, disconnecting is tougher than ever. This is true even in situations that deserve our attention the most, like driving. Distracted driving is illegal in New York State. If you were injured in an accident caused by a driver who was texting and driving, contact an auto accident lawyer to protect you.
In New York, texting and driving is not the only form of distracted driving . According to New York State Law, using any type of portable electronic device is illegal. In fact, talking on the phone (without a hands free device), using email, browsing the internet, or playing games are all illegal while driving. A driver found guilty of these offenses is subject to fines, possible points and the threat of license suspension. According to the National Safety Council, distracted driving causes 1.6 million crashes each year. In fact, texting and driving causes an estimated one in four car accidents in the United States.
If You Are Injured In An Auto Accident
If you are injured in any type of car accident, there are a few things you need to do:
- Make sure you, and the others involved, are safe;
- Get out of moving traffic immediately – do not get out of your car in an active roadway, things could get worse;
- Call an ambulance for necessary medical attention;
- Exchange insurance and contact information;
- Take photos of the scene, if you can, including damage to the vehicles;
- Get the names of witnesses.
How Much is my Case Worth?
This is always a difficult question because each case is different. There are no guidelines in the law concerning “what a case is worth”. However, important factors include:
- Lost wages;
- Property damage;
- Hospital and Medical expenses;
- Losses caused by an inability to return to work (future earning potential);
- Emotional or mental trauma;
- Past pain and suffering;
- Future pain and suffering.
While the exact amount of compensation is not predicable, these types of cases have a high award amount. For example, a Bronx woman and her three sons received $600,000 for their losses and injuries sustained in a crash caused by a young woman texting and driving. The distracted driver lost control of her vehicle and caused another vehicle to veer off the road, injuring this family.
Distracted Driving Accidents in New York City
Driving while texting dramatically increases the chances of an accident. In fact, a car travels 1.5 times its rate of speed in feet per second. So, a car travelling at 50 miles per hour is travelling an amazing 75 feet per second. Look away for as little as 10 seconds, and you will have driven more than 2 city blocks with your eyes essentially closed.
New York lawmakers are trying to fix this problem. In fact, there is currently a proposal in the New York State Senate that would require drivers to submit their phones for field testing. The purpose of this testing would be to determine if a driver was using a phone just before the accident.
This new technology, called the “textalyzer,” is still under review by the New York State Senate. Like a drunk driving breathalyzer, the police officers perform the test at the scene of the accident. If a driver refuses, the driver could lose their license.
Bronx Auto Accident Lawyer
Call our experienced auto accident lawyer and attorneys if a driver who was texting injured you. We are here to help – (718) 364-4000.
About the Author
Kiersten Klang is an Associate Legal Editor at www.lawyers24-7.com