Distracted driving is one of the leading causes of motor vehicle accidents, and even a momentary glance at a phone can cause a serious crash. If you’ve been in an accident and suspect the other driver was texting, you may be wondering what your rights are and how to prove it. Please continue reading and reach out to a seasoned New York City personal injury lawyer from the Law Office of Richard M. Kenny to learn more. Here are some of the questions you may have:
Can I Hold the Other Driver Legally Responsible?
Yes, and here’s why. New York is a comparative negligence state, meaning both drivers’ actions are evaluated when determining fault. If the other driver was texting before or during the accident, that’s considered a form of negligence. In legal terms, distracted driving, especially texting, is a breach of a driver’s duty to operate their vehicle safely. This breach can make them legally liable for the damages caused by the crash.
But it’s not always as simple as pointing a finger and making an accusation. Evidence matters. Police reports, eyewitness statements, traffic camera footage, and cell phone records all play a role in establishing liability.
How Can I Prove the Other Driver Was Texting?
Proving that the other driver was texting at the time of the accident requires a combination of evidence and strategy. First, make sure a police report is filed immediately after the accident. In many cases, officers will ask the involved parties about phone use and include their observations in the report.
Next, consider any witnesses. Did anyone nearby see the driver looking at their phone? A pedestrian, another driver, or even a passenger in your own vehicle could provide critical testimony.
Your lawyer can also request the other driver’s phone records through a subpoena if necessary. These records may show that a text message was sent or received just seconds before the crash occurred. Sometimes, nearby surveillance footage from a store or traffic light can show the driver glancing down or holding a device just before impact.
It’s important to act quickly. The sooner you speak with a lawyer, the better your chances are of preserving this time-sensitive evidence.
What Compensation Can I Recover?
If the other driver was texting and caused the accident, you may be entitled to significant compensation. This includes coverage for medical bills, lost wages, damage to your vehicle, and even pain and suffering. Ultimately, though, the specific compensation you may recover depends on factors like the severity of your injuries, the impact on your daily life, and how clearly the other driver’s negligence can be demonstrated.
If you have additional questions or would like to speak with a skilled NYC injury lawyer about your case, simply contact the Law Office of Richard M. Kenny today.
CONTACT OUR EXPERIENCED NEW YORK CITY FIRM
Our entire legal team is dedicated to providing the advice you need and the personalized attention you deserve. If you have been injured due to another party’s negligence, call (212) 421-0300 or fill out our contact form to schedule a free consultation with a slip & fall lawyer. You may be entitled to financial compensation, which can help you on your road to recovery.
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