In today’s world, a cell phone is more of a necessity than a convenience. Most people check their phones every few minutes in anticipation of phone calls, emails, and text messages. Unfortunately, this has created a problem. People are spending so much time on their phones that they aren’t focusing on the roads. Texting and driving accidents are becoming increasingly common.
The problem has become so prevalent that there’s a whole month dedicated tospreading awarenessabout it. In April or 2018 and 2019, New York City celebrated National Distracted Driving Awareness Month. The Governor’s Traffic Safety Committee held special events, issued press releases, and made social media posts about the dangers of texting and other forms of distracted driving.
If someone is texting and driving, they could be liable for your accident. By contacting us at Rosenberg, Minc, Falkoff & Wolff, LLP, you can seek compensation for your accident.
The Dangers of Texting and Driving
All forms of distracted driving are dangerous. However, texting and driving is one of the most hazardous. This is due to the fact that texting takes your eyes, mind, and hands away from the road.
It’s a three-step process, and it puts other drivers in danger. When you pick up your phone to read a text, you stop looking at the road. Then, you take the time to think about the message and think of a response. Instead of thinking of the other cars on the road, your mind wanders. Finally, typing your response takes your hands off of the steering wheel. Even if one hand remains on the wheel, you don’t have complete control over your vehicle.
In the short time it takes to read and respond to a text, anything can happen. The vehicle in front of you could stop short, a light could change, or a pedestrian could cross the road. If you look up in time to see the change, it could be too late to react.
A high-speedcar accident in New York Cityis more likely to involve serious injuries than one at a slow speed. Therefore, texting accidents at high speeds come with high risks.
While speeding, a driver only has limited control over the vehicle. They also cannot stop as quickly as other drivers. If they are distracted, they are at an extreme disadvantage. A slow-down on the road could end in a rear end collision. If the driver comes across an unexpected curve in the road, they could swerve off the road or into oncoming traffic.
Whether the driver is going fast or slow, texting and driving can ruin lives. Victims of accidents could experience serious injuries, and some can lose their lives.
Getting Compensation for Your Car Accident in NYC
After an accident, you could be left in a dire financial situation. Between the cost of your medical bills and lost wages, you may be drowning in debt. But you do have options – you can file an insurance or personal injury claim.
A driver who is texting is acting in a negligent manner. Therefore, they are the one liable for the accident. This puts you in the position to seek compensation.
GOING THROUGH INSURANCE
Your first option is to go through the other party’s insurance. If you’re not at fault for the accident, the other driver’s insurance should compensate you for your injuries. Your own insurance rates should not rise.
Even if you have a valid claim, the insurance company could fight you. You should have a lawyer by your side to negotiate a fair payout.
FILING A CIVIL LAWSUIT FOR TEXTING AND DRIVING ACCIDENTS
You could also consider filing a personal injury claim against the other driver. The lawsuit is a type of civil claim. However, your accident needs to meet a few requirements.
For one, you need to have proof of evidence or recklessness. Proving that a driver is texting while driving can be challenging. But the right attorney knows how to get evidence.
You also need to complete the paperwork within the required timeframe and have injuries or property damage as a result of the accident. By saving your medical records and receipts, you can make your claim stronger.
If you want to file a claim or need help handling the insurance company, contact us at Rosenberg, Minc, Falkoff & Wolff, LLP. Our firm can tell you about your options.