New York Texting While Driving Car Accidents Lawyer

4.8 Stars


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Should I Get A personal injury Lawyer if i get in a text driving car accident

According to the National Highway Traffic Safety Administration (NHTSA), distracted driving claimed the lives of 2,841 people in 2018 alone, with a significant portion of these fatalities attributed to texting while driving. If you or your loved one has suffered injuries in a distracted driving accident, the experienced New York City texting while driving accident lawyers at Gabriel Legal Injury Lawyers are here to assist you. We will thoroughly investigate your claim to determine if texting played a role in your injuries and seek maximum compensation for the damages you have endured. Call us today at (212) 463-8888 to find out more.

Understanding the Dangers of Distracted Driving

The Centers for Disease Control and Prevention (CDC) classifies driving distractions into three categories:

  • Visual distractions, which divert the driver’s eyes from the road
  • Manual distractions, which take the driver’s hands off the wheel
  • Cognitive distractions, which shift the driver’s focus away from driving

Texting while driving poses a particularly high risk as it encompasses all three types of distractions. The driver’s eyes are off the road, at least one hand is off the wheel, and their mind is not fully engaged in driving. According to the National Safety Council (NSC), texting while driving increases the likelihood of a crash by up to 23 times.


An American Medical Association (AMA) study reveals that texting while driving causes drivers to spend 400% more time looking away from the road. Since distracted drivers are unprepared for a collision, these accidents often occur at higher speeds, leaving little time to react. Consequently, victims of such accidents often sustain more severe injuries.

New York State Texting While Driving Law
Recognizing the hazards associated with texting while driving, New York State has implemented laws to prohibit this dangerous behavior. The hands-free law stipulates that drivers must refrain from the following actions while operating a vehicle:
  • Holding a phone or touching any part of their body while talking on the phone
  • Composing, reading, or sending text messages, social media content, emails, or other data, except through voice-to-text functionality
  • Using a phone to record videos
  • Touching the phone to manipulate or change music applications
  • Watching videos on the road, except for navigational videos
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Penalties for violating this law include:

  1. First conviction: $50 fine and 1 point assessed against the driver’s license
  2. Second conviction: $100 fine and 2 points assessed against the driver’s license
  3. Third or subsequent conviction: $150 fine and 3 points assessed against the driver’s license


Moreover, drivers who cause accidents due to texting while driving can be held liable for the damages suffered by victims. If you have been injured by a distracted driver, our New York City texting while driving accident lawyers at Gabriel Legal Injury Lawyers will help ensure that the negligent party is held accountable. Contact us today to learn how we can support your case.

When evaluating your damages, your personal injury attorney will consider the following factors to determine a fair settlement:


Financial Losses

This includes medical bills, property damage, and lost wages. Your attorney will gather evidence such as receipts, bills, repair estimates, and expert testimonies to assess your current and future expenses resulting from the accident.


Personal Losses

These encompass physical pain, emotional suffering, and mental distress. While it is challenging to assign a precise monetary value to personal losses (also known as non-economic damages), they are just as significant as financial losses.


Punitive Damages

It’s important to note that punitive damages can only be ordered by the court and are relatively rare. Your attorney will inform you if your case may qualify for punitive damages.

Our ultimate goal is to secure a settlement or verdict that enhances your quality of life and provides for future treatment. Therefore, we will diligently pursue the maximum appropriate compensation through negotiations or trial.


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Seek Legal Guidance for Smooth Navigation

Proving that the other driver was texting while driving is crucial in establishing negligence in a car accident. Our experienced car accident lawyers will take every necessary step to gather compelling evidence, including:

  • Cell phone records: We will obtain records showing messages sent or received around the time of the accident.
  • Traffic camera footage: We will examine footage from traffic cameras to identify any signs of distracted driving.
  • Surveillance footage: We will seek out surveillance footage from nearby businesses that may provide evidence of texting while driving.
  • Eyewitness testimony: If there were witnesses to the accident, we will interview them to gather their firsthand accounts.
  • Property damage analysis: We will assess the damage to the vehicles involved, looking for indications of distracted driving such as rear-end damage to the victim’s vehicle and front-end damage to the at-fault driver’s vehicle.
  • Admissions by the driver: If the driver admits to texting while driving, we will use this admission to support your claim.

How Our Lawyers Can Assist You

Our car accident lawyers are dedicated to helping you secure the compensation you deserve following a texting while driving accident. We understand the significant impact these accidents can have on your life, causing severe injuries and financial burdens due to medical expenses and lost income. Our services include:

Gathering evidence: We will collect evidence demonstrating the full extent of your damages and accurately evaluate the value of your claim.

Interviewing witnesses: We will speak to eyewitnesses to obtain crucial testimony regarding the accident.

Dealing with insurance companies: Our team will handle all communications with the insurance company, providing a detailed account of the accident and the extent of your damages.

  • Presenting supplemental information: We will provide additional information to the insurance company to emphasize the severity of your injuries.
  • Negotiating for fair compensation: We will skillfully negotiate with the insurance company to secure a fair settlement on your behalf.
  • Exploring legal options: If a fair settlement cannot be reached promptly, we will explore all available legal options to pursue your case effectively.

At Gabriel Legal Injury Lawyers, we have the necessary resources to fight for your rights and pursue the compensation you deserve. Our team will guide you through the process, ensuring you understand your legal rights and options every step of the way.

Contact our New York City Car Accident Lawyers today for a free consultation.

Frequently Asked Questions

Reach Out to Us for a Free Consultation

If you or your loved one has suffered injuries due to a driver’s reckless decision to text and drive, Gabriel Legal Injury Lawyers is ready to assist you. Our New York City texting while driving accident lawyers are well-versed in the evidence required to establish negligence in car accident claims and will diligently work to obtain it. With our contingency fee arrangement, you won’t pay any attorney fees unless we successfully recover compensation for your claim. Take the first step by contacting us at (212) 463-8888 to schedule your free consultation.

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Determining Liability in an New York Personal Injury Claim

Identifying all potential defendants who may be liable for a personal injury requires a thorough investigation. If someone else failed to exercise due care, they can be held responsible for the resulting injuries.

It’s essential to recognize that the person directly responsible for the accident may not be the sole party held liable. For instance, in a drunk driving auto accident, not only the intoxicated driver but also the individual who served alcohol to the visibly intoxicated person could be held responsible.

By carefully assessing the circumstances, an experienced personal injury attorney can determine the parties who may be held accountable in your specific case.

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The sooner you contact a personal injury attorney in New York City after an accident, the easier it will be to collect evidence.Having a clear understanding of the negligence laws in your state is crucial when pursuing a personal injury claim. Your attorney will play a crucial role in proving fault in your case. While some states follow “no-fault” laws, it’s important to note that New York does not fall into this category.

It’s important to understand that even if you bear some responsibility for the accident, you may still be eligible for compensation. It’s important to note that New York follows a pure comparative negligence rule, which means that even if a plaintiff is deemed to be more than 50% at fault, they can still recover damages. The amount of compensation they receive will be reduced by their assigned percentage of fault.

Overview of the Personal Injury Lawsuit Process

It’s natural to have concerns about what to expect during the claims process, but rest assured, our experienced lawyers are here to guide you. Here is an outline of the stages you can anticipate:


Initial Consultation

This is an opportunity for you to share your account of the incident and ask questions about the case. The attorney will evaluate the viability of your case and provide appropriate advice before entering a fee agreement.


Case Investigation

Your attorney will conduct a comprehensive investigation, including interviews with you and witnesses, review of your background and medical records, to gather necessary information and determine the best course of action for your case.


Filing Court Documents

Your lawyer will file a personal injury complaint, which serves as the initial document of the case. The complaint outlines the nature of the incident and the injuries sustained, and must be properly served to the defendant along with related documents.


The Discovery Process

This involves the exchange of evidence between the involved parties. Interrogations, document requests, sworn statements, and depositions may be part of the process. Your attorney may also co


Pre-Trial Litigation and Motions

After reaching maximum medical improvement (MMI), your lawyer will demand compensation based on the full extent of your damages. Negotiations with the at-fault party’s insurers will take place to seek a fair settlement.



If an out-of-court agreement cannot be reached, the case will proceed to trial. The jury will determine the defendant’s liability, and if the verdict favors the plaintiff, the defendant will be obligated to compensate for the identified damages.

Arrange Your Free Consultation in New York

Gabriel Legal Injury Lawyers specializes in personal injury cases, handling even the most complex matters. Our legal team is well-versed in the laws and knows how to pursue the compensation you deserve.

Let’s talk

Contact us today for a free consultation and let us assist you in moving forward after this challenging time.

New York Texting While Driving Car Accidents Lawyer

4.8 Stars


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