Texting and Driving Accidents
Texting and driving accidents are one of the most devastating — but avoidable — types of traffic crashes. Yet despite how simple they are to prevent, driving while texting is quite common on New York roadways, as are accidents caused by such behavior. If you have been hit by an irresponsible driver who was on their phone texting while driving, a New York texting and driving accident lawyer from our firm may be able to obtain compensation for your losses.
Why Choose Us
Experience You Can Trust
Tucker Lawyers has a team of professionals with multiple years of experience representing injury victims throughout the state of New York. Every attorney deeply cares about each client who walks through our doors and works diligently to ensure that they receive the compensation they need to address their injuries and losses.
When you choose Tucker Lawyers for your texting and driving case, you get a firm with:
- A consistent track record of collecting high-dollar compensation for clients
- A team of passionate, award-winning personal injury attorneys who care
- 24/7 availability for clients
- Free consultations
- Deep ties and involvement in the community.
Our mission at Tucker Lawyers is to make negligent parties pay for the devastation caused by their carelessness.
If a texting driver has caused you harm or damaged your property, we are ready to meet you and review your case. Call (516) 399-2364 for a free consultation today.
Unlawful Texting and Driving in New York
Ever since cell phones arrived on the scene, texting and driving has become one of the most common forms of distracted driving. To address this dangerous behavior, New York state took action early on by banning handheld cell phone use back in 2001. The state then banned texting while driving in 2009.
Currently, throughout the state of New York, it is illegal for drivers to:
- Talk on the phone without a hands-free device
- Text or answer texts
- Play games
- Browse the internet.
The penalties for engaging in these behaviors are stiff, and now texting drivers face the threat of having points added to their licenses if caught. Sadly, texting and driving accidents continue to occur at unacceptable rates, leading to devastation and loss for numerous victims and their families.
Justice Through Compensation for Your Losses
Fortunately, you can seek compensation for your injuries after a texting and driving accident. Mechanisms are in place to ensure that worthy victims get the funds they need to cover their losses.
However, the compensation process is often a challenge for injury victims, often due to penny-pinching insurance companies trying to preserve profit. But with a New York texting and driving accident lawyer representing you, you are more likely to get the payout you deserve.
Compensation from PIP Insurance
New York is a no-fault state, which, in practice, means victims of auto injuries must first seek compensation from their own mandatory personal injury protection (PIP) insurance. Like workers’ compensation insurance, PIP insurance does not require the accident victim to prove fault and quickly compensates them for some, but not all, of their losses.
Basic PIP coverage in New York consists of:
- Coverage for reasonable and necessary medical treatment and rehabilitative care
- Compensation for 80% of lost income, with a cap of $2,000 per month for three years
- A per diem of up to $25 for a year for other reasonable expenses, like household help
- A $2,000 death benefit.
Victims who want to recuperate more compensation than what is available with PIP must meet the serious injury threshold requirements.
Serious Injury Threshold
According to Article 51 of the Insurance Law of New York, a person who wants to sue another driver must establish that they suffered economic loss in excess of $50,000 or suffered a serious injury.
Once either of these two requirements is satisfied, the victim can go outside of their PIP coverage for compensation.
The following list contains some of the injuries that insurance laws in New York consider to be serious:
- Disfigurement of a substantial nature
- Loss of a fetus
- Permanent loss of a body part
- Permanent loss of a body function or system
- Permanent significant loss of a body part or internal organ.
Non-permanent injuries also qualify if they prevent a person from engaging in their normal activities for 90 days or more following the accident.
Compensation from the Other Driver
Once you have met the serious injury threshold requirements, you can seek full compensation for your losses through a claim against the texting driver. Doing so opens the possibility of receiving both economic and non-economic damages.
As mentioned, PIP only covers a portion of your lost wages. However, with a lawsuit or claim for compensation against the texting driver, you can pursue the entire amount of income you have lost.
Regarding non-economic damages, PIP does not provide coverage for this category of loss. Non-economic losses include:
- Pain and suffering
- Loss of enjoyment of life
- Loss of consortium.
However, to bring a claim against another driver, you must demonstrate that they were indeed at fault for the texting and driving accident.
In rare cases, victims of texting and driving accidents in New York may be eligible for punitive damages. Punitive damages are awarded only if the accused wrongdoer has engaged in some form of reprehensible or egregious conduct. And although texting and driving may not typically be considered reprehensible and egregious, it may be considered so if aggravating factors existed.
For example, if a person was driving 100 mph in a 30-mph zone while texting, the driver could be subject to punitive damages. Or if a person was driving drunk and texting at the same time, punitive damages may also be on the table.
Proving Fault in Texting and Driving Cases
Proving fault in a texting and driving accident begins by demonstrating that the other driver was texting and driving. To do this, your attorney will need to gather evidence, such as traffic cam footage, texting records from the driver’s phone, and eyewitness testimony.
But demonstrating that a driver was texting is not enough. Your attorney must also demonstrate that the texting actually caused the accident. This requirement is known as the causation requirement that links the negligent action of texting directly to the accident.
Finally, your lawyer will then have to prove that the accident caused by the texting driver led to the injuries and losses that you sustained. Pre-existing injuries do not qualify for compensation.
Throughout this process, you can expect the texting driver’s insurance company to meticulously verify and attempt to counter every claim put forth by your accident attorney.
How We Can Help
Our New York Texting and Driving Accident Attorney Handles Everything
Because insurance companies work hard to pay victims less than they deserve, you need an advocate to counter the money-saving efforts of insurance adjusters. With a seasoned NYC texting and driving accident lawyer from our firm representing you, you don’t have to worry about receiving unjust compensation or the progress of your claim.
While you focus on recovering from the accident, we handle everything else, including:
- Managing all claim-related paperwork and documents
- Investigating the accident
- Consulting with appropriate medical and accident-reconstruction experts
- Negotiating with insurance companies for compensation
- Filing lawsuits and representing you at trial when necessary.
If you need maximum compensation, do not go through the claims process alone. When you hire Tucker Lawyers for representation, we will fight to protect your rights and secure the compensation you need and deserve. Call (516) 399-2364 for a free consultation today.
The Devastating Consequences of Texting and Driving
There is no doubt that texting and driving accidents in New York can be quite devastating. Drivers who engage in this type of distracted behavior can cause serious bodily injuries and even death due to the extreme forces that automobiles generate in a crash. And because texting drivers are often surprised by accidents, they often have little or no time to brake to mitigate the damage of an accident.
Injuries Caused by Texting and Driving
Texting and driving accidents in New York can cause significant injuries that lead to months and years of medical treatment and rehabilitation, including:
- Traumatic brain injuries resulting in compromised cognitive and motor abilities
- Back, neck, and spinal cord injuries causing partial or full paralysis
- Bone fractures and crushed bones
- Organ damage and other serious internal injuries
- Partial and full amputations
- Burns, scrapes, and abrasions
Car accidents can also lead to significant psychological and emotional injuries, including post-traumatic stress disorder (PTSD), anxiety, and depression.
Property Damage Caused by Texting and Driving
Additionally, texting and driving accidents in New York can cause extensive property damage. This damage is most often to motor vehicles, from cars and trucks to bicycles and motorcycles. However, personal property is also frequently damaged in these types of accidents.
Frequently Asked Questions
You may have many questions about texting and driving accident claims. Here are some of the most common questions clients have about these claims. If you have additional questions, do not hesitate to reach out to our New York texting and driving accident lawyers for more information.
What is the statute of limitations for texting and driving accident claims?
If you have been in a car accident in New York, you have three years to take legal action, according to New York’s statute of limitations. After three years, you will likely lose your ability to sue for compensation.
Can I afford to hire an NYC texting and driving accident lawyer?
Because your attorney’s fees come from the compensation you receive, you can indeed afford to hire an NYC texting and driving accident lawyer. There are no upfront costs that you must pay for your attorney to get started.
How long will my texting and driving accident claim take?
The time it takes to resolve a texting and driving accident claim varies from case to case. Straightforward claims can take a few months, while more complicated claims can take up to and over a year.
Is texting illegal at a stop light?
It is not illegal for a driver to text at a red light unless that driver is operating a commercial vehicle.
You can contact our office today to get more answers to your questions from an experienced New York texting and driving accident attorney.
Contact Our New York Texting and Driving Accident Lawyers
No one deserves the pain and setbacks caused by a car accident. Unfortunately, negligent drivers continue to text and drive, creating dangerous situations for everyone on the road. If a careless texting driver has hit you, a New York texting and driving car accident attorney from our firm can help you do something about it.
Call Tucker Lawyers at (516) 399-2364 today to have your case reviewed by an experienced professional who is ready to fight to get you compensation for your losses.
Managing Attorney John. J. Tucker, Esq.
John has personally handled thousands of clients who were victims of another’s negligence and fights relentlessly for their rights. John enjoys bringing closure to a client’s matter so that the injured party can move forward with their life. His background enables him to evaluate complex liability related claims and bring resolution to claims in a record time frame. [ Attorney Bio ]