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 [...]

LIABILITY COVERAGE VS. FULL COVERAGE FOR PROPERTY DAMAGE

LIABILITY COVERAGE VS. FULL COVERAGE FOR PROPERTY DAMAGE So after 5 long years you finally finished paying off your car. You are therefore no longer obliged to continue having full coverage (collision insurance) for your vehicle. While this may be the case, it may [...]

How to Know the Value of a Personal Injury Case

We all know that if something sounds too good to be true, it probably is!  Yet, everybody always wants to know what their personal injury case is worth the day after it happened - and some are willing to believe anything!  The reality [...]

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 [...]

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, [...]

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 [...]

Why You Need a Specialist to Handle Truck Accident Cases

People are always asking about whether they should hire a Truck Accident Lawyer NYC.  They might have been referred to somebody in their Neighbourhood by a friend or family member, but is that really who they want to handle their truck accident case?  Truck [...]

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 [...]

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 [...]

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 [...]