In the busy streets of New York, texting while driving is not just reckless but a recipe for disaster. It has become one of the leading causes of car accidents in New York, and the numbers are only going to go higher. If you’re involved in a car accident where texting while driving is involved, you might be wondering how this can impact your case. In this post, the team at Gabriel Law will be stepping into the shoes of a New York City auto accident attorney and explaining everything you need to know about distracted driving laws and how they may impact your fight for compensation after an accident.
Distracted driving laws in New York
In New York, it is illegal to use a hand-held mobile phone or portable electronic device while driving, except when calling 911 or contacting medical, fire, or police personnel in an emergency. If caught, you may receive a traffic ticket and may be compelled to pay a fine and surcharge. According to the DMV, “illegal activity” includes:
- Holding a portable electronic device;
- Talking on a handheld mobile telephone;
- Composing, sending, reading, accessing, browsing, transmitting, saving, or retrieving electronic data such as e-mail, text messages, or webpages;
- Viewing, taking, or transmitting images; and
- Playing games
The fines for using cell phones while driving, apart from a surcharge of up to $93 for all violations are as follows:
| VIOLATION | MINIMUM | MAXIMUM |
| First offense | $50 | $200 |
| Second offense within 18 months | $50 | $250 |
| Third or subsequent offence within 18 months | $50 | $450 |
As per the DMV, if you are convicted, it can mean an addition of 5 points to your driving record. If you’ve received a total of 11 points within an 18-month period, your license may be suspended.
On the other hand, as a junior driver holding a Class DJ or MJ license or permit, the first conviction can mean the suspension of your license or permit for 120 days. If you are faced with a second conviction within 6 months of the 120-day suspension being lifted, your probationary license or permit may be revoked for at least a year.
How will texting while driving impact compensation in a car accident claim?
If a car accident has occurred while either party is driving, it can have major implications on the extent of the compensation that can be claimed in the aftermath of a car accident. To fully understand its implications on compensation, we will need to separately consider its effect on the two main methods people claim compensation in New York—insurance claims and personal injury lawsuits.
Insurance Claim
In New York, since car accident cases are protected under no-fault insurance, you can call on your insurance provider to cover any medical costs, lost wages, and other related expenses that are connected to the accident. However, while no-fault insurance guarantees compensation, it does not specify exactly how much you will receive. This is due to New York’s pure comparative negligence rule.
Under the pure comparative negligence rule, if an accident investigation determines that you share some of the blame for the accident, the compensation you are able to claim is reduced by the extent of your blame in the accident.
If the accident took place when a party was texting while driving, an investigation will place much of the blame on the party at fault. As such, the compensation said party can claim from their insurance will be reduced by the percentage of the fault assigned to them in the investigation. This allows even the party at fault to claim some amount of compensation from their insurer, so long as they are not considered fully responsible for the accident.
Personal Injury Lawsuit
If the party at fault was texting while driving, it can form the factual basis for a personal injury lawsuit. To successfully file a personal injury lawsuit, you must demonstrate that the party at fault:
- Had a duty of care;
- Their actions were in breach of the duty of care;
- The accident was caused by their breach; and
- You had suffered damages as a result.
Drivers have a general duty of care to drive in an orderly manner to ensure the safety of pedestrians and other drivers on the road. When you text and drive, it can be seen as negligent and reckless and thus in breach of the duty of care. When an accident occurs, it’s a matter of connecting the dots and showing that texting while driving significantly contributed to the accident. However, you must show that the injuries suffered are “serious injuries” or that the basic economic damages you’ve suffered exceed $50,000.
Conclusion
Texting while driving is a deadly distraction, and it has been made illegal for a very good reason. If you’ve ever been injured in such a car accident and are looking to claim compensation, then you need the knowledge, skills, and guidance of a reputed personal injury law firm in NYC. Fortunately, you don’t have to look far, as Gabriel Law is ready to support you through the entire process and make sure you receive the compensation you deserve. Schedule a free consultation and tell your story to us. Your fight for justice is our mission.
