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Texting While Driving Accidents

New York City Texting Car Crash Victims Need a Tough Personal Injury Attorney

Though texting behind the wheel is illegal in New York, drivers are pulled over all the time for texting throughout the region. According to Reuters, in the first month alone after the ban on texting law was passed, over 1,000 texting drivers were pulled over for sending texts at the wheel. But even though it's a three-point, primary traffic offense, with a fine of up to $150 per driving-while-texting ticket, New York roads remain full of texting dangers. If you were injured by a dangerous driver who was texting, don't suffer-call us today. We are experienced NY texting accident lawyers who defend the rights of the injured and go after the texting driver who hurt them. With our 90 years of legal know-how, we prepare cases with diligence and meticulous attention to detail. We do all we can to win clients an outstanding settlement.

Why is texting while driving so dangerous?

Any sort of distracted driving is dangerous, but texting while driving is especially so. That’s because it involves three different types of distractions – visual (looking at a screen instead of the road), manual (having at least one hand on the phone instead of the wheel) and cognitive (thinking about sending and receiving messages instead of driving). And the cognitive distraction can linger for up to a minute or two after you put your phone down.

What is New York’s texting while driving law?

Since 2009, it has been illegal to text while driving in New York State. Motorists in New York are also prohibited from holding a cellphone while driving; they can only use a cellphone with a handsfree device.

Texting drivers are subject to fines and penalties for violating traffic laws. They can also be held liable (legally responsible) for causing an accident while driving distracted.

Can I sue a texting driver for causing an accident?

It depends. New York is a “no-fault” state for car accidents. That means you can only file a lawsuit if you meet certain legal criteria. If your injury is severe enough or your damages are high enough, then yes, you can sue a texting driver.

However, just because the driver was texting doesn’t mean you’ll automatically win. You still have to prove that their carelessness caused your injury. That’s why you need an attorney to start investigating right away. Traffic camera footage and dash cam footage of your accident may be erased within days of your accident. Eyewitnesses who saw what happened might forget over time or move away, making it hard to locate them. This is why you need to hire a New York distracted driving accident lawyer right away after your collision.

It’s also important to realize that you have limited time. In New York, the statute of limitations (legal deadline) for most injury claims is three years from the date of the accident. But other deadlines can apply in some situations, so again, it’s important to talk to an attorney as soon as possible.

How much is my texting while driving accident worth?

There's no set dollar amount when it comes texting while driving accidents in New York. Some accident claims are worth a few thousand dollars. Other cases might be worth much more. The bottom line is you should be paid for all your accident-related expenses, including future anticipated expenses due to your collisions. This can include:

  • Past, present, and future medical treatments, including surgery, physical therapy, medication, medical devices, and in-home medical care.
  • Modifications to your home, such as installing a wheelchair ramp.
  • Replacement income if you need time off from work to rest and recover.
  • Lost future income if you cannot return to work or can only work in a reduced capacity due to your car accident injury.
  • Pain and suffering, mental anguish, and emotional distress.
  • Loss of quality and enjoyment of life.
  • Loss of consortium.

Remember, you didn’t do anything wrong. You should not have to pay for a texting driver’s careless behavior. Demand the money you deserve. Talk to an experienced New York distracted driving accident lawyer at our law firm today.

Don't let a texting driver get away with causing accident injuries or death—call us

Hand-held devices at the wheel are illegal in New York-and yet drivers continue to risk taking lives by being distracted as they drive. Texting drivers are all over New York roads—on the Belt Parkway in Brooklyn, Grand Central Parkway in Queens, Sunrise Highway in Nassau County and 287 in Rockland County. While texting may be more commonly associated with young motorists, a driver of any age can cause a texting fatality.

If you were hurt by a texting driver, even in what might have seemed like a minor rear-end accident, or if you lost a loved one in a wrongful death, contact our legal professionals. We fight for every penny our clients are owed. Call the Law Offices of Pasternack Tilker Ziegler Walsh Stanton & Romano, LLP today at (800) 692-3717 or contact us online for a free evaluation.