Car Accidents Resulting From Cell Phone Use

The use of handheld cell phones while driving is a significant safety issue throughout the United States. Motorists are increasingly using their hand held cell phones while driving to send or receive texts and emails, and make phone calls, a huge factor in the epidemic of distracted driving. The National Highway Traffic Safety Administration (NHTSA) has called for a nationwide prohibition against cell phone usage and text messaging while driving. The NHTSA notes that over 3,000 people die in distracted driving accidents each year in the United States, and clearly cell phone usage is often a primary factor in these fatal car accidents.

At The Law Offices of Mark A. Siesel in White Plains, our attorneys have been representing an increasing number of victims of distracted driving accidents. It is vital that the attorney you retain to represent you in your personal injury case has the necessary experience and background in these cases to obtain the maximum possible compensation for your injuries. If you have been injured a car accident and think the other driver may have been texting or otherwise driving recklessly, contact our law firm to discuss whether you may be eligible for compensation. Your consultation with us is free, so take advantage of legal advice before you make any choices about your potential claim.

What Do New York Laws Say About Cell Phone Use?

In New York, prior to 2012, texting while driving was a “secondary offense”, meaning that unless an officer observed the motorist committing another traffic infraction, such as speeding, following too closely, or disregarding a traffic control device, the driver could not be ticketed for the texting while driving offense. This safety lapse was addressed by the New York State Legislature and the Governor in July of 2011, when texting while driving became a primary offense, so that currently, a police officer can give a ticket for texting while driving without any other infraction as the basis.

Today, drivers convicted of driving with a hand held cell phone will be assessed 5 points on their license, and be required to pay a fine of up to $450.00 and mandatory New York State surcharge of $93.00. Eleven points in an 18 month period results in a suspended license.

New drivers with a learner permit or Class DJ or MJ driver license will face license or permit suspension of 120 days for a first texting or cell phone use violation. If the new driver is found to have committed a second violation within six months of getting their license back, they will face a minimum one-year license or permit revocation or at least one year of probationary licensing.

The electronic device prohibition is in fact broader than simply sending texts or emails while driving. Illegal activity under this statute includes: “composing, sending, reading, accessing, browsing, transmitting, saving or retrieving electronic data such as emails, text messages or web pages, viewing, taking or transmitting images, and playing games.” The law applies to all hand held devices, including tablets, cell phones, and other devices.

There is an exception to New York’s hand held cell phone law under Section 1225-c of the Vehicle & Traffic Law for emergencies, in the event that a driver is trying to reach police, fire or emergency personnel to report an accident or to obtain medical treatment.

As of January 26, 2010, the U.S. Department of Transportation implemented a federal ban on texting, prohibiting all truck and bus drivers from using a cell phone to send texts or emails while operating a commercial vehicle. A truck or bus driver convicted of this offense is subject to civil penalties of up to $2,750.00.

What Do You Need to Know If You’ve Been in a Car Accident Resulting From Cell Phone Use?

If you’ve been in a vehicle accident and have suffered injuries that require medical attention and may require you to lose time at work, there may be a significant impact on your financial life. Many motorists who are injured in a car accident underestimate the total costs of their collision. You may face medical costs, lost wages and earnings potential, car repair bills, and incidental expenses. These can add up to thousands or even millions of dollars for a serious, permanent injury. If you have suffered a serious head injury or spinal cord injury that leads to paralysis or other permanent harm, you may face a lifetime of ever-increasing medical costs as well as additional personal care needs and lost earnings capacity.

While car insurance can help pay some of these expenses, New York is a no-fault state. No-fault, PIP (Personal Injury Protection), pays up to a maximum of $50,000 per person for economic losses related to your car accident. Health insurance may also cover a portion of your health costs, but some procedures may not be covered, and you may encounter problems with coverage, as many patients do. Co-pays can also be substantial in these cases.

If someone caused your car collision and subsequent injuries because they were illegally using a cell phone, you should not have to pay significant amounts out of your savings. The driver who was using a cell phone may face consequences, such fines, but New York laws also give you another remedy. Since cell phone use while driving is prohibited, it is clearly a type of negligence, meaning you may have a claim against the driver who was driving distracted.

Filing a claim allows you to seek financial recovery for the many costs you will face because of your injury—including medical expenses, lost wages, ongoing care needs, property damage, pain and suffering, and more. Filing a legal claim helps you hold the liable party accountable, and it allows you to seek compensation above and beyond what PIP can offer.

In a claim, you will work with an attorney who will investigate the cause of your collision. Your attorney may secure cell phone records, for example, to determine whether a motorist was using a mobile device at the time of the collision. If your collision was caused by someone’s negligence, your attorney can file a claim on your behalf, so you can seek compensation. Your lawyer will take care of all the paperwork and filing, negotiating with insurance companies. In many cases, these cases are resolved through settlement, where the insurance company or other party will agree to pay you a specific sum to cover your injury expenses, including expected future costs. You can then both walk away from the situation, and you will have the resources you need as you rebuild following your car collision.

At The Law Offices of Mark A. Siesel, however, we are not timid about taking on large insurance companies and powerful corporations who may be at fault in your case. If we cannot reach a fair settlement, we’re willing to take your case to court so a jury can decide. At The Law Offices of Mark A. Siesel, we work on a contingency fee basis, meaning you only pay fees when and if we recover a settlement or court verdict on your behalf. This allows you to pursue a strong claim without the financial pressure to accept a lowball offer.

Why Contact The Law Offices of Mark A. Siesel After a Car Accident?

The Law Offices of Mark A. Siesel are here for you if you’re injured in a car accident. We stand out because when you work with us, you work with our founder, Mark A. Siesel, who brings decades of trial and negotiation experience to your case. With our law firm, you always get personalized, attentive representation. We answer you emails and phone calls within 24 hours and we draw on our trusted network of investigators, medical experts, orthopedic surgeons, and other professionals to build a strong case. We have already secured verdicts and settlements for many clients in distracted driving cases, securing compensation that have allowed our clients to move on after devastating collisions.

Contact The Law Offices of Mark A. Siesel online or call us if you or a loved one suffer injuries in car accident for a free consultation with one of our experienced litigators to discuss your case in detail. Our team is proud to serve Kings County, Westchester County, Putnam County, Dutchess County, Orange County, Rockland County, Sullivan County, Bronx County, Queens County, New York County, and Ulster County.