May 29, 2023
While the invention of cell phones has allowed people to stay connected through texting and social media, it has also led to behavior that has caused many severe car accidents. Texting and driving is a form of distracted driving that can cause manual and visual distractions, as at least one hand is off the wheel and their eyes are off the road.
While they focus on sending a text message, a driver could mistakenly drive into another car and cause a catastrophic car accident. Drivers who text behind the wheel can be held liable in a car accident claim because distracted driving is a form of negligent driving behavior.
Through their reckless (and in New York, illegal) behavior, they exposed others to harm that caused significant damages, such as medical bills, lost wages, and pain and suffering. An experienced car accident lawyer can help a victim recover compensation for damages caused by a texting and driving accident.
Texting While Driving is a Type of Distracted Driving
One of the most common causes of car accidents since cell phones became widely available is texting and driving. The danger of texting and driving is how it can distract drivers from their goal of operating their vehicles safely. There are four types of distractions behind the wheel: visual, manual, auditory, and cognitive.
When drivers text behind the wheel, they welcome three of the above distractions. To text, a driver must hold a phone, which is a manual distraction because they must take at least one of their hands off the wheel. Texting while driving can cause visual distraction because the driver takes their eyes off the road to send the text message.
When texting, the driver no longer focuses on driving safely and is more focused on whatever conversation is happening on the phone, which qualifies as a cognitive distraction.
How Can Texting While Driving Lead to a Car Accident?
There are many things a driver must stay aware of while they are driving, including other drivers, stop signs, traffic lights, obstacles, lanes, etc. When a driver is focused on sending a text message, they may not be aware of some of these things. Not knowing they reached a stop sign could lead to a driver plowing into another car and causing a rear-end accident.
Car accidents caused by texting and driving commonly occur at intersections because there are many things to keep track of. Drivers need to pay attention to the traffic light to determine whether it is safe to go, other lanes of traffic, and pedestrians and bicyclists crossing the street.
Failing to pay attention and focusing on sending a text message can lead to a driver not realizing they must stop before a red light. Going through a red light at an intersection can lead to a T-bone accident as they strike a vehicle crossing the intersection from the side or a pedestrian or bicycle accident by hitting someone crossing the street.
Statistics About Texting While Driving
Texting and driving is considered as dangerous as putting on a blindfold behind the wheel, as the driver is not focused on what is happening in front of them. Despite how dangerous it is, many drivers engage in this behavior and cause car accidents. There are many alarming statistics regarding texting and driving that establish how often people engage in this dangerous driving behavior.
The following are some texting and driving statistics:
- About 80% of American drivers admit to using their cell phones while driving.
- Every moment, an average of 3.4 drivers are texting or using a cellular device.
- Cell phone use is a factor in at least 12% of distracted driving car accidents.
- 39% of high school students report texting while driving.
Texting While Driving is Illegal in New York
Texting while driving is illegal in New York state. Using a cellular, handheld device for placing a call, texting, emailing, using social media, or playing a game is illegal in New York to prevent distracted driving accidents.
Drivers caught by law enforcement texting while driving are subject to heavy fines, with each subsequent incident leading to more expensive fines. The first offense can lead to a fine of $50 to $200, with a second and third subsequent incident within 18 months of the first leading to fines up to $250 and $400.
Drivers Texting While Driving Can Be Held Liable in Car Accident Claims
Texting while driving car accidents can cause significant car accident damages to victims. They will suffer economic and non-economic losses, such as medical bills, lost wages, and loss of enjoyment of life. Victims can hold drivers that cause car accidents through texting and driving accountable for their negligence in car accident claims.
Car accident victims can file car accident claims with the at-fault party’s insurance company to pursue compensation for damages. This will begin a process of gathering evidence and negotiating a settlement so the car accident victim can recover compensation for damages caused by the at-fault party.
How Can a Car Accident Lawyer Help You Recover Compensation for Damages?
Hiring a car accident lawyer can help as you attempt to pursue compensation for damages caused by a distracted driver. You could attempt to handle the car accident claims process independently, but you could make mistakes that could affect your ability to recover the full value of your damages. Experienced car accident lawyers understand the car accident claims process because they have been through it with other clients.
A car accident lawyer can help you calculate the full cost of your damages, determine who caused the accident, gather evidence, explain New York car accident laws, and negotiate a settlement with the at-fault party’s insurance company. A car accident victim’s best chance for recovering fair compensatory damages is by hiring an experienced car accident lawyer that can advise them on the best way to handle the car accident claim process.
Contact Cellino Law for Help With Your Car Accident Claim
Cellino Law has experienced car accident lawyers that have helped New York car accident victims in places like Buffalo, Manhattan, Rochester, and Long Island. If you suffered damages from a car accident caused by a texting driver, we can help you gather evidence to prove their liability and put you in a position to recover compensation for damages.
We understand how severe car accident injuries can affect you physically and psychologically and wish to use our decades of experience to help you get back on your feet. Contact Cellino Law today for a free case evaluation by calling us at 888-888-8888 or leaving a message on our online contact page.
Content checked by the personal injury attorney Ross Cellino. As a family man and a trial attorney, I pride myself on winning cases and serving the community. With over 35 years of experience, I understand the function of a jury, how juries arrive at conclusions, and the role that the jury plays in administering justice. I know how to win cases. You can find us in Manhattan, Buffalo, Melville, Rochester, Brooklyn, The Bronx, Queens and other locations throughout New York.