Dangerous of Distracted Driving: Texting While Driving Causing Queens Car Accident
The National Highway Traffic Safety Administration provides that there are over 3,000 deaths each year due to distracted driving. Some research indicates that distracted driving is as dangerous or more dangerous than drunk driving. Our Queens car accident lawyers know how dangerous distracted driving can be. This is particularly true of texting while driving which takes a driver’s eyes off the road, hand off the wheel, and attention off of driving. This is a dangerous and potentially deadly combination. Motor vehicles could become unguided missiles on our roadways causing devastating collisions with catastrophic results. Texting while driving causing a Queens car accident can result in the driver and the owner of the motor vehicle to be liable under New York law.
Here at COHEN & COHEN PERSONAL INJURY LAWYERS, P.C. , our experienced Queens car accident lawyers understand how frustrating it can be when a negligent driver causes a motor vehicle accident harming you or a loved one. We know that this is particularly frustrating or even aggravating when the cause of the motor vehicle crash was due to something so preventable such as texting while driving. Our compassionate and experienced staff stands ready to help victims who have been seriously injured due to the negligent of another driver. If you have been harmed by the reckless, careless, or downright negligent conduct of another motorists, ask our Queens car accident lawyers how we can help protect your rights to compensation.
Liability for Texting While Driving Under New York Law
Texting while driving is not only reckless, but it is illegal. This is because Vehicle and Traffic Law section 1225-d prohibits the use of a mobile telephone to text, email, or otherwise transmit data. Specifically, subdivision (1) provides that “no person shall operate a motor vehicle while using any portable electronic device while such vehicle is in motion.” This prohibits texting, e-mails, browsing the internet, social media, play a game, read documents, or any other use. The definition is very broad which is meant to encompass many different forms of conduct. The only exception is during an emergency to summon help.
Violating the Law and Establishing Liability
A driver who violates a statute that is meant to protect others from harm may be found automatically liable under the doctrine of negligence per se. This legal doctrine allows an injured victim to use the violation of a statute to prove liability. If the victim was meant to be protected from harm by the statute, liability against the negligent driver may be automatically proven. This allows victims and their Queens car accident lawyers to focus on proving the damages that are causes, including spending more time establishing pain and suffering, medical bills, lost wages, lost future earnings, and expanding on what future disability a victim may have due to the accident.
Injured by a Motorist Texting While Driving Causing a Queens Car Accident? We Can Help
If you or a loved one were seriously injured or if a loved one was wrongfully killed, ask our Queens car accident lawyers at COHEN & COHEN PERSONAL INJURY LAWYERS, P.C. how we can help protect your rights to compensation. All forms distracted driving are very dangerous, especially texting while driving. It is also one of the most preventable and easily avoidable types of accidents. Learn more how our legal team can fight for your rights by calling 800-247-8164 for a FREE case evaluation or use our convenient and easy-to-use contact us box available here.