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 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 [...]

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 [...]

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, [...]

Negligence Lawyers in Queens – Helping People Harmed by Others

Queens Car Accident Lawyers knows how to help victims of many types of negligence.  Negligence is “failure to use reasonable care, resulting in damage or injury to another.”  This can be anything from hitting somebody in the rear with their car to failing to [...]

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 [...]

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 [...]

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 [...]

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 [...]