How To Prove Texting Caused An Accident In New YorkCentral New York Legal News
New York has tough laws against texting while driving. If caught, drivers will suffer major fines and point penalties, so individuals who like to text and drive should be aware that it is a dangerous habit as well as against the law.
However, drivers still often make a practice of texting while on their cell phones as they are driving. People often think it isn’t dangerous to quickly type “I’m on my way” or “Will be there soon,” however, in the mere seconds that your eyes are on your phone and not on the road in front of you, your car may have moved a length of a football field and you simply weren’t paying attention.
This Practice Can Be Deadly
While this very risky habit is against the law in New York, it is also one of the most difficult of violations to prove. While driving impaired under alcohol or drugs can be detected easily through a breathalyzer test or the smell of the driver, proving someone was texting while driving and caused an accident is very hard to prove.
Yet, It Is Possible To Do So
If witnesses or the police are not present on the scene of the accident when it takes place, hiring an attorney is a smart move if you believe the negligent driving was caused by the other driver texting during the collision. An attorney can protect your rights and work for your best interests, and it’s essential if you suspect that texting while driving created the collision.
Attorneys Can Obtain Cell Phone Records
Hiring an attorney is very important because they can acquire a subpoena for the other driver’s phone record, where there is a timestamp of any calls or text messages on their phone.
Remember that if you are injured in a car collision that was caused by the other driver it is vital that you get any evidence that can assist you to prove your case. That means witness statements, and accident police reports and the all-important cell phone records. You have the right to ask for this evidence which can show that the driving was texting behind the wheel.
This action may be difficult for you as the other driver, but for an attorney getting cell phone records is easily done by showing the information from the defendant via a subpoena.
Texting and driving are against the law. Still, sometimes law enforcement slows to enforce this issue. Texting while driving can lead to a significant chance of having a collision.
Texting and Driving Is An Huge Problem
In the United States, over 1,000 people are hurt every day caused by distracted driving. The National Traffic Safety Administration states that texting and driving are even more dangerous than driving under the influence of alcohol.
Retaining The Services Of A New York Attorney
With a personal injury lawyer on your side, you have an effective way to protect yourself after an accident. If you or a loved one has been hurt due to a collision with a distracted driver, retain our services to learn more about what your rights are, what your options are, and the most effective way to get the justice you are due.
Have you been hurt in a collision? If you or a loved one sustained an injury in an accident, contact the expert personal injury attorneys at Gattuso & Ciotoli Law Offices. At Gattuso & Ciotoli Law Offices, we help clients get the most compensation for your car accident injuries. Contacting Gattuso & Ciotoli Law Offices will assist you in your car accident claim right away. Each accident is unique and can vary from case-to-case. It is vital to gain the services of an experienced personal injury attorney who can assist you within your accident claim. Contact us to talk about the details of your accident and how we can help you to get the compensation you deserve. It is important to get the recompense you deserve.