Why is it so Bad?
Though most automobile accidents are typically associated with driving under the influence or speeding, the number of car accidents due to cell phone usage is increasing more and more each day in the United States. Using your cell phone while driving is dangerous.
The National Safety Council sates over a million vehicle accidents are caused each year due to texting and general cell phone use. They also estimate that a quarter of all traffic accidents involve a cell phone in some way. Additionally, drivers who use their cell phones while operating a vehicle are four times more likely to be involved in a collision. Many of these collisions end in fatalities.
A lawsuit is typically available to those who are involved in a wreck because of another driver's negligence associated with cell phone usage. Injured victims can usually recoup compensation for non-economic or economic damages sustained due to the accident.
Non-economic damages include:
- Long Term Pain & Suffering
- Emotional Trauma
Economic damages include:
- Lost Wages
- Property Damage
- Medical Bills Uncovered by Insurance
- Loss of Future Earning Potential
What about texting while driving?
In New York, it is illegal to view or send text messages while driving. Additionally, New York's laws regarding use of cell phones behind the wheel of a car prohibit the use of any other media, including websites and email. Police officers are fully within the law to stop and ticket any drive they see using their cell phone while behind the wheel. In fact, texting while driving constitutes negligence. As a result, any driver who causes an accident while using their cell phone may be liable for any damages incurred.
Contact Us Today
Sense cell phone usage while driving has only become an issue in the last two decades, the law is ever-changing. We are fully knowledgeable when it comes to state law regarding making phone calls and texting while driving.
If you have questions about New York laws, we can help. Contact the office of Hall, Ricketts, Schuller & Gurbacki, P.C. online or call 716-652-0828 for experienced, ethical, understanding and responsive assistance with all your legal needs in the greater Buffalo, NY area.