In today’s digital age, the convenience of smartphones has brought with it an alarming risk on the roads: texting and driving. This distracting behavior has rapidly become one of the leading causes of car accidents in New York and across the nation. Understanding the dangers and consequences of texting behind the wheel is not only essential for the safety of all road users but also crucial for those seeking justice after being involved in such accidents. The legal landscape of texting and driving cases can be complex. Civardi & Obiol can help you navigate it. If you have been injured in a texting and driving car accident around Nassau or Suffolk County, contact us for a free consultation, so we may help you seek justice.
The Dangers of Texting While Driving
Texting while driving is an insidious hazard, often likened to driving under the influence of alcohol or drugs. The act of sending a simple text message can take a driver’s eyes off the road for approximately five seconds, which, at 55 mph, is akin to driving the length of a football field blindfolded. This brief distraction compromises a driver’s ability to react to sudden changes or obstacles in their path, making collisions more probable and often more severe. Texting while driving is a form of distracting driving that can lead to tragic accidents; according to the National Highway Traffic Safety Administration, 3,522 people were killed by distracted driving in 2021.
What makes texting especially dangerous is that it engages the driver in three types of distractions: visual, manual, and cognitive. Visually, drivers divert their eyes from the road. Manually, they remove one or both hands from the steering wheel to handle the phone. Cognitively, their focus shifts from driving to the content of the message. Together, these distractions dramatically elevate the risk of a mishap, endangering not only the texting driver but everyone else on the road as well.
New York Laws on Texting and Driving
In New York, the law is unequivocal about the perils of texting behind the wheel. The state has implemented a ban on the use of portable electronic devices while driving, which includes not only texting but also activities like browsing the internet or checking emails. Violators of this law are subject to fines and, depending on the number of offenses, can accrue points on their driving records, which could lead to license suspension.
First-time offenders in New York can face fines up to $200, with repeat offenders facing even steeper fines. Additionally, these violations come with a penalty of 5 points added to the driver’s license. As these points accumulate, drivers risk higher insurance premiums and, with 11 points accrued over 18 months, potential license suspension. The stringent nature of New York’s laws reflects the state’s commitment to curbing the dangerous trend of texting and driving and ensuring safer roads for all.
Proving Liability in Texting and Driving Accidents
When it comes to establishing fault in texting and driving accidents, phone records stand out as pivotal evidence. These records can determine if a driver was sending or receiving text messages, making calls, or using other phone functions immediately before or during the accident. With precise timestamps, phone records can paint a clear picture of a driver’s activities leading up to the crash, providing strong evidence of distraction and negligence.
Beyond phone records, eyewitness accounts can be invaluable in determining liability. Passengers, pedestrians, or other drivers might recall seeing a driver handling their phone or appearing distracted just moments before the collision. Additionally, surveillance cameras from nearby establishments or traffic cameras might capture video evidence of the offending driver’s actions. Together, these pieces of evidence can construct a compelling narrative of the events leading up to the accident.
Navigating the complexities of proving liability in a texting and driving accident can be daunting for the victims. Experienced personal injury lawyers have the resources and knowledge to thoroughly investigate these cases. They can subpoena phone records, gather testimonies, and present a solid case to ensure that victims receive the compensation they deserve, and that distracted drivers are held accountable for their actions.
Common Injuries From Texting and Driving Accidents
Accidents resulting from texting and driving often lead to severe injuries, given the reduced reaction time of the distracted driver. Common injuries include whiplash, resulting from the abrupt motion of the crash, broken or fractured bones from the force of impact, and traumatic brain injuries or concussions due to head collisions. Additionally, spinal cord injuries, internal bleeding, and even fatalities are grim realities of these preventable accidents.
Compensation Available For Victims
Victims of texting and driving accidents have the right to pursue compensation to address the financial and emotional burdens stemming from the incident. Common forms of compensation include medical expenses, which cover current and future medical treatments, surgeries, and rehabilitation. Lost wages can also be claimed, helping victims recoup income lost due to missed work or reduced earning capacity resulting from lasting injuries.
The amount of compensation a victim receives depends on several factors, including the severity of their injuries, the impact on their quality of life, and the degree of the at-fault driver’s negligence. In some cases, victims can also pursue non-economic damages, such as pain and suffering, which account for the physical pain, emotional trauma, and diminished enjoyment of life.
Get Help If You’ve Been Involved in a Distracted Driving Accident
Navigating the aftermath of a texting and driving accident can be overwhelming. Civardi & Obiol is uniquely positioned with a track record of successfully representing victims throughout Hempstead and Nassau County. Our team not only understands the intricacies of New York’s traffic laws but also has the resources to thoroughly investigate, gather evidence, and build a compelling case. We are deeply committed to ensuring that our clients receive the compensation they deserve, allowing them to focus on healing and recovery.
The dangers of texting and driving are undeniable, and the aftermath of such incidents can be life-altering. But with the right legal guidance, victims can find justice and relief. If you or a loved one has been impacted by a texting and driving accident in Hempstead, Nassau County, or Suffolk County, don’t navigate this challenging time alone. Reach out to our experienced team at Civardi & Obiol for a free consultation. Together, we’ll ensure that your rights are protected and that you receive the support and compensation you need to move forward.
Civardi & Obiol serves clients for matters relating to texting and driving car accidents in the following regions: Nassau County & Suffolk County.