New York Texting & Driving Accident Attorney
Texting and driving is a triple threat. It combines all three forms of driver distraction: manual, visual, and cognitive. When a driver is reading, writing, or sending text messages, he or she cannot dedicate 100% of his or her attention to the road. Without both hands on the wheel, both eyes on the road, and the mind on the driving task, a driver presents a danger to everyone else on the roadway. Texting and driving isn’t only an act of negligence – it’s against the law in New York state. If a distracted driver caused your accident while texting, talk to the New York City texting & driving lawyers at Meirowitz & Wasserberg, LLP.
Proving a NYC Texting and Driving Case
After an accident with a distracted driver, he or she might not admit to the wrongdoing. Most drivers will not admit fault, especially while at the scene of the crash. Stay calm and don’t get angry with the other driver. Collect as much information as possible, including the names and contact numbers of anyone who witnessed the accident. Exchange information with the other driver, and report the crash to the NYPD if it resulted in personal injury, death, or expensive property damage. Then, call Meirowitz & Wasserberg, LLP.
Our lawyers know all the most common ways to prove that someone was texting while driving at the time of an accident. We can investigate your crash and take action such as filing a Preservation of Evidence Letter with the defendant. This will prevent the driver from destroying potential evidence, such as text message history and phone records. We can interview witnesses, access cell phone records, look at surveillance footage, and take other investigative measures to try to prove the other driver’s negligence. With our help, you won’t need the driver to admit fault. You can prove it with hard evidence.
Some drivers may try to use the comparative negligence defense after a car accident, even if texting while driving. For example, a driver may allege that you, the plaintiff, were also texting or otherwise not paying attention. New York follows pure comparative negligence laws. This means that the plaintiff may still be eligible for recovery even if the courts find him or her partially at fault. A team of attorneys can help you navigate these rules and try to reduce your own percentage of fault as much as possible for maximum compensation.
Maximize Your Chances of Damage Recovery with an Attorney
While it’s possible to self-represent during a car accident claim, it may not be in your best interest. Texting and driving claims can become complex depending on the circumstances. For example, the other driver could allege that he or she was responding to an emergency, or using a hands-free device, which is legal in the state of New York. Dealing with insurance companies and defendants on your own is difficult even in the best of circumstances. When you’re also trying to recover from a personal injury, it can be overwhelming. Come to our law offices for quality legal representation instead. Our New York City car accident attorneys will take the burden of your claim off your shoulders, and fight for maximum compensation. Contact us today for a free consultation.