TEXTING AND DRIVING2018-08-27T10:42:05+00:00

NEW YORK TEXTING ACCIDENT ATTORNEY

FREE CONSULTATION
NO FEE UNLESS WE WIN
NEW YORK CITY TEXTING ACCIDENT ATTORNEY

TEXTING AND DRIVING LAWS

The first texting and driving law was passed in 2009, and it was only as a “secondary offense.”  This means that they could be cited for it, but not pulled over for it – the driver would have to pulled over for another reason.  In 2011, the law was amended, and “use of an electronic device while driving” became a primary offense.  A police officer could pull over a driver if he observed a driver using a handheld electronic device while operating a vehicle.  The officer does not have to even see what the driver is doing with the device, having the device in hand is enough for a pull over and citation.

ELECTRONIC DEVICES

  • Phones
  • Gaming Devices
  • MP3 Players

The law was further refined in 2017 defining electronic devices as “any portable electronic device that diverts a driver’s attention away from the road and prevents the full use of a driver’s hands.”  The penalty became a fine of up to $200 for a first offense and 5 license points.  The fine escalates with every citation.

The current 2011 law has a presumption of use if a driver is observed with some kind of electronic device in their hand. An officer does not have to know the driver is using the device. The fact that the device is seen in the driver’s hand is reason enough to pull over a driver and issue a citation without question.  With strengthening laws, the number of tickets issued for texting while driving increased by 850% from 2011-2016.

NEW YORK PERSONAL INJURY ATTORNEYS, TEXTING AND DRIVING VICTIMS HAVE STRONG CASES

Evidence that injuries were caused by a texting driver will strengthen your case.  If the driver was ticketed for texting while driving, there should be little to no difficulty proving liability.  New York Personal Injury Attorneys know that juries do not have sympathy for texting drivers that cause accidents, and will demand higher settlements when for their clients.  A distracted driver is much more likely to cause accidents, especially fatal accidents, which will elicit sympathy for the victim.

New York Personal Injury Attorneys Wittenstein & Wittenstein have handled many claims for victims of texting drivers.  We know everything about how to handle your texting and driving case.  Please call us for a free no-obligation consultation.

New York City’s Top Personal Injury and Accident Attorneys

Wittenstein & Wittenstein has established itself as a Top New York City (Queens, Brooklyn, Bronx, Manhattan, The Staten Island, and Long Island) Personal Injury Law Firm by offering great results to clients for over 60 years. Our legal team have successfully collected millions of [...]

5 Things to Think about when Hiring a Queens Car Accident Attorney

TOP QUEENS CAR ACCIDENT ATTORNEY EXPLAINS HOW TO BE PREPARED Top Queens Car Accident Attorney know that accidents can be traumatic and we should always be prepared for all type of accidents.  One of the best ways to prepare is to have the [...]

When Should I Call an Accident Lawyer?

So, you'd had some kind of an accident, and you're wondering, "Should I call an accident lawyer?"  Was I badly hurt enough to make a case worthwhile?  Was this somebody else's fault, or was it really mostly my own fault.  This article will [...]

New York No-Fault and Serious Injury Threshold Deciphered

So you’ve been injured in a car accident (truck, bus, etc.) and you are wondering whether or not you have a case.  For car accidents in New York, you can’t sue for minor injuries.  You need to have a “serious injury” - I’ll [...]

Justice is Sweet – How a Personal Injury Attorney Can Help You

HOW A NYC PERSONAL INJURY ATTORNEY CAN HELP YOU For many people, Personal Injury Attorneys are their lifesavers. They can help people who have suffered loss, accidents, or injuries an opportunity to rebuild their lives. When hard-working people are injured by the negligence, recklessness, [...]

10 Defensive Driving Tips

These 10 defensive driving tips will help you avoid accidents.  We are all taught these 10 defensive driving tips when we take driver's education classes, but as the years go by, it's easy to forget! 1. DON'T EXPECT OTHER DRIVERS TO FOLLOW THE [...]

When you’ve injured in a car accident – don’t refuse the ambulance!

The other day a client called, telling me that she was very nervous about what to do because she just had a car accident. She said that she had the green light, but the woman that blasted through a red light, lied to the [...]

Everything You’ve Ever Wanted to Know About No-Fault

QUEENS NO-FAULT ATTORNEY CAN HELP YOU GET YOUR MEDICAL BILLS PAID Queens no-fault attorney Wittenstein & Wittenstein is expert at interpreting the “New York Comprehensive Automobile Insurance Act.”  Most people call it the “no-fault statute,” and it was enacted in 1973 and went [...]

HOW TO PREVENT SUMMERTIME ACCIDENTS

Summer is at full steam with everybody putting on their swimsuits and looking to cool off.    Of course, this is also the time when pool, beach and lake accidents are at their peak.  Whether you’re headed to Coney Island, Brooklyn or The Hamptons on [...]