Distracted driving, particularly texting while driving, is a primary contributor to car accidents today. If you believe the at-fault driver was texting at the time of your collision, it’s vital to understand your rights and how this impacts liability. Keep reading as we explore what you should know about these matters and how our seasoned Westchester County Car Accident Attorneys can help you pursue the justice you deserve.
Why is Texting While Driving So Dangerous?
The National Highway Traffic Safety Administration (NHTSA) highlights the severity of this issue, stating that texting or reading a message for just 5 seconds while driving at 55 mph is comparable to driving the entire length of a football field without looking at the road. This illustrates the perilous nature of distracted driving and its potential to cause crashes due to inattention. Despite extensive public awareness and existing regulations, texting while driving continues to be a widespread problem. Tragically, it’s a leading and entirely preventable cause of auto accidents in New York.
How Does Texting Impact Liability for an Accident?
Generally, a driver texting while driving who causes a crash can be found liable under the legal doctrine of negligence per se. This legal concept applies when someone violates a law that is designed to safeguard a specific group of people. Negligence per se streamlines the process of proving negligence, as you don’t have to prove the driver failed to act reasonably. The defendant’s violation of a law or regulation automatically establishes a breach of duty, thereby rendering them liable for resulting damages.
You should note that texting while driving can also affect the damages you are awarded. Such behavior may be considered reckless, potentially increasing your compensation and even leading to punitive damages. These damages are not intended to compensate a victim for their losses, but rather to punish a defendant for their egregious conduct and deter similar actions in the future.
How Do I Prove the Other Driver Was Texting?
To secure compensation for your injuries as the plaintiff in a personal injury case, you must demonstrate the defendant’s negligence. Prompt and thorough documentation after your collision is essential to establish the other driver’s liability. A knowledgeable attorney can help you gather useful evidence, such as cell phone records, the official police report, witness statements, intersection cameras, and dashcam footage, to show the driver was distracted by their phone at the time of the accident.
At Hausman & Pendzick, we are prepared to guide you through the process of collecting evidence. Connect with our legal team today to learn how we can fight for you during this challenging period.