Texting while driving is a common cause of accidents in New York. If you have been injured in an accident and suspect the other driver was engaging in this dangerous driving behavior, it’s imperative to understand your rights and how this could affect liability for your damages. An experienced New York City Car Accident Lawyer can help you navigate these complex issues and fight for the justice you deserve. Read on to learn more.
Why is Texting While Driving Dangerous in New York?
Texting while driving continues to be a widespread and avoidable cause of auto accidents in New York, despite current legislation and expensive public awareness initiatives. The National Highway Traffic Safety Administration (NHTSA) highlights the intrinsic hazards of this type of distracted driving and its tendency to cause collisions due to inattention. The NHTSA demonstrates the seriousness of the problem, pointing out that reading or sending a text for only 5 seconds while driving at 55 mph is equivalent to traversing the entire length of a football field with your eyes shut. Furthermore, their data revealed that distracted drivers were involved in motor vehicle crashes that resulted in 3,275 fatalities in 2023.
How Can Texting Affect Liability?
Motorists who text while behind the wheel and cause a collision may face liability under the doctrine of negligence per se. This legal principle simplifies the process of proving negligence by automatically presuming a breach of duty when an individual violates a statute that was designed to protect a specific class of people.
Furthermore, texting while driving can impact the scope of damages awarded to a plaintiff in a personal injury case. Such hazardous driving can be classified as reckless, potentially leading to punitive damages being granted. Punitive damages serve not to compensate a victim for their losses, but rather to punish the defendant and deter similar future misconduct.
How Can I Prove the At-Fault Driver Was Texting at the Time of the Crash?
Generally, proving that the other driver was texting at the time of the crash can be difficult, as direct admissions are uncommon. However, a strong personal injury case can be built using various types of evidence, including:
- Cell phone records: Subpoenaing the at-fault driver’s cell phone records can reveal usage patterns at the time of the collision.
- Witness testimony: Eyewitness accounts are invaluable, helping to show whether the other driver was looking down, holding a phone, or exhibiting other signs of distraction before the crash.
- The official police report: The police report may contain pertinent details from the scene, including any notations about cell phone use or admissions of texting by the other driver.
- Surveillance footage: Recordings from traffic cameras, dash cameras, or security cameras from nearby businesses could have captured the incident, showing the other driver’s actions leading up to the accident.
- Expert analysis: In intricate cases, an accident reconstructionist can examine the scene and other relevant data to determine the likely cause of the accident.
Collecting as much evidence as possible will strengthen your case, helping to establish that the other driver’s texting directly caused the accident and your injuries. At The Bàez Legal Group, we are ready to assist you in investigating the accident, gathering evidence, and advocating for the compensation you deserve. Contact our firm today to learn how we can support you during this challenging period.
