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.
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 [...]
How To Find The Best Accident Lawyer
Everybody always wants to hire the best. This is true when you’re looking for a doctor, lawyer, accountant, plumber, electrician or babysitter. The challenge is how to define the “best.” When my daughter wanted to go to a sleep away camp, I asked [...]
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 [...]
Everything You Ever Wanted to Know About Bicycle Accidents
Many cities, including New York City, are encouraging residents and visitors to use bikes to get around the city. There are more bike lanes being put in every day, and you can rent a "Citi-bike" just about anywhere. It's not surprising that this [...]
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 [...]
5 Ways to Make More Money Driving for Uber
UBER DRIVER LAWYER 1. LOG IN TO THE PASSENGER APP The passenger app will show you where all the Ubers are - if there is too much competition where you are, you can drive to another location. 2. [...]
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 [...]
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 [...]
3 Top Secrets of Accident Attorneys
You can’t go anywhere these days without seeing giant billboards from Big Box law firms promising “millions of dollars” if you sign up with them. What they don’t want to you to know is that you would never want to trade places with [...]
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 [...]