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.
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