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New York Texting and Driving Accident Attorney

Personal injury attorneys serving residents of Long Island, New York and NYC boroughs in Texting and Driving Accidents.

The law holds an individual who texts and drives to be negligent, specifically when their act causes injury or death to a pedestrian or another driver.

Unfortunately, texting and driving happens too often in America, despite the many state statutes on the books that forbid it.

Government data reveals that inattentive driver car accidents nationwide have increased over the last three years due to distracted motorists ignoring driving rules, with over half of distracted driver auto accidents becoming deadly or leading to severe injuries.

The new york city texting and driving accident attorneys at Sanders Law Firm help victims by filing lawsuits against texting drivers who cause negligent car collisions, even when they deny using their phones at the time of the crash..

Our texting accident specialist further hold vast experience in fighting stubborn insurance companies that often do everything they can to reject or mitigate texting while driving accident claims; we also make sure official police reports include details of known text driving acts.

Let’s dive into this modern trend in personal injury litigation and learn how The Sanders Law Firm can help innocent victims.

Texting While Driving is Unsafe

Multitasking is not something people should do when operating motor vehicles on state highways.

State lawmakers have long recognized that drivers cannot concentrate on what’s taking place around them when they try to do two things at once; this includes driving safely while operating smartphones or while reading or writing text messages.

When texting drivers stop paying attention to roadway conditions, it impairs emergency stopping; and when they totally overlook their surroundings, dangerous and deadly texting auto accidents occur because most motorist find it impossible to avoid preventable auto collisions when their focus is on text message content.

Legislators Outlaw Text Driving

Because inattentive driving poses a high accident risk, texting while driving is illegal in 47 out of 50 states in America; and in 2010, the Department of Transportation outlawed nationwide truck and bus driver texting.

Text driving statutes apply to all ages and to every portable electronic device (cell phones, tablets) that can send, read or write written communication while a vehicle is in motion (texting, email).

Some states impose fines, court costs and fees on motorists caught texting while driving. When text drivers cause severe injury or death, law enforcement can bring up criminal charges, varying from misdemeanor reckless driving to involuntary manslaughter. 

Texting Auto Accidents Surge in the US

Despite modern upgrades in auto passenger safety, distracted driving continues to produce major accidents; statistics inform us that motorists are over twenty times more prone to crash when performing inattentive acts like text driving.

An average person’s attention wanes about 4.6 seconds from careful driving when he or she sends or receives a text message from behind the wheel, which is a prelude to disaster when driving at speeds over 55 mph.

The National Highway Traffic Safety Administration’s (NHTSA) crash data show inattentive driver collisions sharply rose by fifteen percent from 2015 to 2017. 

These reckless collision and fatality stats would have certainly been less if the drivers simply paid attention to the road and observed text driving laws.

Common Accidents Produced by Text Drivers

Texting while driving collisions are not the dominant single cause of car accidents and fatalities in America; but if one considers at the various types of collisions that arise when negligent text drivers ignore the law, they may find the act is as serious as drunk driving:

  • Hitting roadside objects and pedestrians. Fatal auto accidents happen when inattentive drivers collide with objects and people on the road. Utility poles, trees, guardrails and parked vehicles become instant hazards when drivers disregard their surroundings.
  • Head-on Collisions. This type of texting while driving accident is the most deadly and destructive, according to the NHTSA. The agency’s data reports that over eighty percent of head-on collisions happen on low traffic, two-way streets, a time perhaps when drivers feel it’s safe to look at their text messages.
  • Rear-end collisions. Almost thirty percent of all automobile accidents are rear-end collisions; NHTSA stats further tell us that distracted driving accounts for over eight percent of all rear-end car accidents with many drivers rear-ending others while sending or receiving text messages behind the wheel
  • Side-impact collisions. Inattentive drivers side strike vehicles when they neglect to yield a legal right-of-way to others . These motorists are often guilty of running red lights or stop signs or speeding through intersections while they send and receive text messages while driving.
  • Weather-related collisions. Most attentive motorist can handle heavy wind, rain and snow conditions while driving; distracted text drivers sometimes lose control of their vehicle in extreme weather.

Typical Injuries in Text Driving Car Accidents

Negligent motorists who illegally text while behind the wheel can cause several life-altering injuries; and innocent victims should know that most insurance policies limit compensation to pay for physical harm or property damage.

Let’s explore a few text driving injuries that often require redress in a court of law when insurance companies refuse to pay:

  • Brain trauma. Most accident victims will injure their heads during a negligent text driving crash, especially when collisions take place at high speeds. Serious brain trauma stems from major concussions, skull fractures and internal bleeding and can metamorphose into permanent brain damage, loss of motor functions and sometimes death.
  • Spine injuries. Spinal cords do not self-heal, and when they break or fracture in a text driving automobile accident, most victims will have to endure permanent paralysis or loss of organ functions for the rest of their lives.
  • Broken bones. Bone breaks and painful fractures heal fairly quickly; yet, some auto accident victims discover that nerve damage, infections, restrictive movement, and other subsequent injuries arise after their broken bones heal.
  • Skin cuts and lacerations. Metal fragments and shattered glass thrown from distracted driver auto collisions can tear into skin tissue and muscle, requiring surgery to correct disfigurements.
  • Burns. Cars sometimes burst into flames during major auto wrecks, and victims get burned. Impacts from severe texting auto collisions can likewise cause passengers who are thrown from vehicles to sustain asphalt friction burns after sliding across roadways.
  • Wrongful death. As suggested earlier, collisions from texting while driving at excessive speeds produce fatalities. In such case, the estate of the deceased may possess a cause of action for filing a wrongful death lawsuit in lieu of the victim.

What to Do When a Texting Driver Injures You

Victims of negligent car accidents may file individual claims with insurance companies of distracted drivers to seek compensation to cover general and special damages, typically medical expenses, pain and suffering, and lost wages.

However, negotiating with insurance adjusters alone is risky because one may inadvertently open themselves to affirmative defenses that the insurance lawyers will surely assert in court.

The steadfast new york city texting and driving accident attorneys at The Sanders Law Firm help victims file their insurance claims and give support in navigating through complex legal processes for recovering damages from motorists who illegally sending text messages while driving.

Folks involved in serious inattentive driver accidents can help personal injury attorneys build their negligence case right after the automobile accident takes place.  

People therefore should observe and follow these steps when involved in a distracted driver collision:

  • Get emergency medical attention. If you need urgent medical attention, seek it at once. Above everything, your health and wellbeing are most important. Assess your injuries; if you can’t move, try not to panic, and wait for first responders to arrive.
  • Find Safety. In a minor text driving crash, consider moving your vehicle to a safe, off-road location; if the automobile is unmovable; exit the car and walk to a protected area away from the accident scene.
  • Call Police. Do not leave inattentive driver accident scenes without first having law enforcement document the incident, even in minor collisions. When police reports are missing, insurance companies often argue in court that damages don’t exist. Also, avoid fault admissions when speaking with law enforcement (even if you believe you were at fault), and answer questions honestly and briefly.
  • Collect Evidence. Gather information and evidence when possible by taking notes, pictures and videos at the crash site; your automobile accident attorney will need this proof to help reconstruct accident scenes when assigning liability; photograph property damage, skid marks, road debris and other evidence that will support your distracted driver negligence claim.
  • Locate Witnesses. Pedestrians and motorists may have noticed the defendant sending and receiving text messages while driving; try to locate witnesses and ask if they’d be willing to give you their contact information.
  • Seek non-emergency medical attention. Even if you only sustained mild injuries, visit a doctor as soon as possible. Some automobile accident injuries appear weeks later; it’s always safe to get a check up after a inattentive driver’s car harms you. Waiting too long to pursue medical treatment may upset your claim if you sue the texting driver for compensation after hidden injuries appear months later.
  • Find a personal injury lawyer. Reach out to new york city texting and driving accident attorneys after a distracted driver auto crash to assist in proving up your negligence claim and to counsel you on how to get paid for your injuries and property damage.

Text Driving Personal Injury Lawsuits

Finding negligence among motorist who illegally send and receive text messages while driving gets complicated; text drivers often deny committing the unlawful act behind the wheel; and insurance companies just love to mitigate distracted driver accident damages.

Victims will need to show harm occurred due to the text driver’s negligence to recover damages for injuries sustained after a collision. This means that the plaintiff’s attorney must set up a prima facie case of negligence to start court proceedings:

  • Duty. Automobile drivers owe a duty of reasonable care to other drivers, to property owners and to pedestrians to not carelessly cause harm them while operating a vehicle on public highways.
  • Breach. The negligent driver breaches their duty of care owed to victims when they cause accidents after becoming distracted while sending and receiving text messages behind the wheel.
  • Causation. The defendant’s breach of the duty of care must have led to actual injuries and foreseeable damages.
  • Damages. Damages sustained from negligent car accidents appear in three forms:
  1. General compensatory harm arises naturally from the accident and covers non-economic injuries, such as pain and suffering, loss of life enjoyment, emotional distress of loss of limb.
  2. Special compensatory injuries include itemized economic damages that plaintiffs can prove through production of medical bills, recovery expense receipts and wages vouchers.
  3. The courts almost never award punitive damages in text accident lawsuits unless victims can show the texting driver deliberately harmed them.

Don’t Negotiate with Insurance Companies Alone

Insurance companies often contact car accident victims to investigate claims.

Never speak with insurance adjusters or offer them incident details unless a negligence attorney is present; insurance employees will record your statements and use them against you during settlement or court proceedings.

Also, never make the mistake in believing an insurance company is your friend; an adjuster’s job is to reduce your compensation. Period!

If you’ve already spoke with an insurance rep, you may have unknowingly admitted fault.

The expert inattentive driver attorneys at The Sanders Law Firm know text driver accident case law and every counter defense available to you to strike down unintentional testimony; these resources offer innocent parties legal leverage to overcome most affirmative defenses made by insurance companies in court.

Distracted Driver Personal Injury Lawyers

The new york city texting and driving accident attorney holds texting drivers accountable for their actions. Our experienced lawyers subpoena cell phone records to show drivers illegally texted or used social media at the time of the accident. And insurance adjuster bullies don’t frighten us.

Use our network of medical experts, economists and tech professionals to help you document your injuries and financial losses.

Our law firm pledges to build your case from the ground up to get you the compensation and legal remedies you justly deserve from harmful inattentive drivers.

Protect your legal rights

Whether the cause was negligence, manufacturing liability or poor road design, car accidents often leave victims with long-term financial and emotional hardships. You don’t have to face insurance companies alone.  If you or a family member has suffered injuries in any type of motor vehicle collision, your first step should be contacting a car accident lawyer at The Sanders Firm.

Representing residents in Long Island, Staten Island, Brooklyn, the Bronx, Queens and Manhattan, our firm has a long track record of obtaining multi-million dollar car accident settlements and court awards on behalf of our clients. For a free and honest evaluation of your case, call 516-741-5252.

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