New York Texting and Driving Accidents in Long Island
Personal Injury Claims for Accidents Caused by Texting Drivers
Texting and driving is illegal in the State of New York, and the courts view it as a form of negligence.
Texting while driving distracts drivers from having their attention on the road. In fact, texting while driving is likely the most dangerous type of distracted driving activity and for good reason.
The Dangers of Texting And Driving
While persons talking on a cell phone have less attention on the road, they visually can see the road and both of their hands are on the driving wheel (if they are driving hands free). New York has banned handheld cell phones.
However, texting and driving present the following distractions:
- Manual distraction. Drivers do not have both hands on the wheel when they text and drive.
- Visual distraction. When drivers are looking at the text and responding, they are visually distracted and are not seeing the road.
- Cognitive distraction. Cognitive distraction occurs with texts. Stanford researchers tested people who were multiple tasking. The results showed you could focus only on one thing at a time. In fact, performance and efficiency suffered when trying to do two tasks at the same time.
Part of the problem with texting is that people do not realize how quickly an accident can happen. A collision can occur within three seconds. The average time it takes to read a text message is five seconds, which is long enough to put the drivers and passengers in several vehicles at risk.
If Injured, Who Pays for Damages?
Because New York is a no-fault insurance state, insurance covers up to $50,000 per person without assigning fault for damages. However, when costs exceed $50,000 or injuries meet the serious injury threshold, you can sue the at-fault party to recover compensation.
The person who is texting and driving in an accident is legally liable for damages. Your attorney must be able to prove that the other driver was negligent, in this case, texting and driving.
The compensation for damages that you could potentially recover includes:
- Medical care and hospitalization costs
- Lost wages
- Future related medical costs
- Pain and suffering
Arrange a Free Consultation with an Experienced Long Island Accident Lawyer
An experienced attorney has the resources to investigate the accident, gather evidence, speak with witnesses and deal with insurance companies. It is vital to act quickly while evidence is still available and before witnesses disappear. You can rely on The Law Office of John Fazzini, P.C. to work diligently on your behalf. Call (631) 547-8989 or use our online form to schedule a free consultation to discuss your accident and your rights to recover compensation.
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