NEW YORK 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.
Rate Jumping- It’s Not Worth It!
Rate Jumping- It's Not Worth It! While driving around in New York, you will sometimes see cars with out of state license plates. Some people may very well be driving into the city from neighboring states, or even from Florida for vacation. It is [...]
Why Did My Attorney Drop My Accident Case?
HERE’S WHY ATTORNEYS DROP ACCIDENT CASES You get an e-mail from your attorney telling you that they are dropping your case. First of all, how rude! They should at least make an appointment for you to come into the office to discuss why [...]
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 [...]
For Goodness Sake – Don’t Leave Your Car in Storage!
If you have collision insurance (aka full coverage) for your car, your insurance company will inspect your car and pay you promptly for the damage. If you don't have this coverage, you can make a claim against the car that caused the accident to [...]
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, [...]
When Do You Need an Experienced NYC Truck Accident Lawyer?
If you’ve been injured in a truck accident, make sure you hire an experienced NYC Truck Accident Attorney. Truck Accidents are complicated as they involve Workers Compensation and Commercial Insurance Policies that a general practice attorney or general personal injury attorney may not [...]
The Personal Injury Lawsuit Process for Traffic Accidents
CLIENT INTERVIEW The client and attorney meet and discuss: How the accident happened The extent of the injuries Employment and when the client expects to return to work Health issues that might impact the rate of recovery for injuries The jurisdiction and venue [...]
How to Avoid Being Dropped by Insurance Companies
Can My Insurance Company Drop Me? Here at Wittenstein & Wittenstein, rarely does a day go by without somebody asking us if their insurance company can drop them. People pay for insurance, but are afraid to use it for fear of being dropped. That’s [...]
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 [...]
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 [...]