The rise in the availability and utility of smartphones over the years has led to a revolution in the ways that we communicate. Sadly, this convenience comes at a cost. The impulse to text while behind the wheel contributes to a significant number of accidents every year. This has become such a problem that state law now strictly prohibits this practice. If you suspect that an accident was the product of texting while behind the wheel, you might be able to collect recompense for your losses connected to the collision.
Texting while driving car accidents in Smithtown are a major contributor to injury lawsuits. Talking with a knowledgeable car accident attorney could help you better understand your rights after an accident.
State Law Prohibiting Texting While Driving
New York was the first state to prohibit the use of handheld phones while behind the wheel of a vehicle. Subsequent additions to the law now prohibit drivers from using any form of electronic device while driving. According to New York Vehicle and Traffic Laws § 1225-D, it is against the law for any driver to use a portable electronic device while the vehicle is in motion. Breaking this law is a traffic violation that can require the payment of a fine.
However, there are exceptions to this rule. Parties may use a cell phone to contact first responders or a doctor in case of an emergency. Police officers will often inquire as to whether a driver was talking on the phone or texting prior to an accident in an attempt to determine fault for a crash. Because of this, motorists who are involved in texting while driving car accidents in Smithtown are likely to blame for any resulting collisions.
Accidents like this can cause traumatic injuries such as a brain injury. If that happens to you, you will be needing a good Smithtown traumatic brain injury lawyer by your side.
Collecting Compensation for Losses
Even though it appears on a police report that a driver was texting and responsible for an accident, that does not make them automatically culpable for it. Injured parties bear the burden of proving that another party was liable for a crash. However, a police report indicating a citation for texting while driving in Smithtown can be powerful evidence of fault.
A skilled attorney could leverage this fact into a successful demand for compensation. If a traffic court finds that a driver was responsible for texting while driving, this is direct proof of fault for an accident. This concept of negligence per se is the most efficient way of demanding compensation following a collision.
However, a lack of a criminal conviction does not necessarily mean that a case will fail. An attorney could still gather evidence of how a driver was to blame for a collision that does not rely on a court conviction to prove fault. This could include witness statements or dashcam footage that shows the other driver’s actions.
Confer with a Smithtown Attorney About a Texting While Driving Car Accident Lawsuit
Texting while driving is a reckless and illegal activity in Smithtown. Taking one’s eyes off the surroundings for even a few seconds endangers the welfare of all people on the road, as well as nearby pedestrians. Drivers who violate this law are likely to be blamed for any resulting injuries that come about from their negligent behavior.
A lawyer could investigate whether a driver received a ticket or conviction for texting while driving a car accident in Smithtown. Armed with this information, they could pursue an effective demand for compensation that seeks to set things right for you. Call a Smithtown vehicle accident law firm today.