Albany Texting and Driving Accident Lawyer

New York Texting and Driving Law

In the last two decades, 48 states have banned texting while driving in some way. Some states have texting and driving laws that specifically ban hand-held phone conversations while some have specific texting bans. In New York, it’s illegal to do anything on a hand-held cell phone while driving. This means that it’s illegal to:

• Take phone calls on a hand held device
• Read, write, or send a text message or an email
• Read and browse the web
• View, take, or send pictures on a cell phone
• Play games on a cell phone

The only exception to this rule is if you’re calling 911, medical personnel, or police officers for an emergency. Violating this texting while driving law can result in the following consequences:

• First Offense: A fine of $50 to $200.
• Second Offense: A fine of $50 to $250.
• Third or Subsequent Offense: A fine of $50 to $450.
• Up to 5 driver violation points per offense added to your driving record. If you receive more than 11 points on your driving record within a year and a half, you may face driver’s license suspension.

Common Injuries From Texting and Driving Accidents

A distracted driver is at risk for serious injury and death from motor vehicle crashes involving electronic devices. Listed below are the most common types of personal injuries that distracted drivers can suffer in a car accident.

• Traumatic brain injuries (TBI) such as concussions
• Spinal cord injuries (SCI)
• Back injuries such as disc herniations and radiculopathy
• Airbag injuries
• Seat belt injuries (commonly known as seat belt syndrome)
• Whiplash
• Broken bones
• Sprains, strains, and dislocations
• Permanent scarring, disability, and disfigurement
• Major bruising, lacerations, and road rash
• Crush injuries
• Internal organ damage
• One or more amputations
• Loss of fetus
• Degloving injuries
• Wrongful death

Can I Sue a Driver Who Hit Me While Texting and Driving?

Yes, you can certainly sue a driver for hitting you due to texting while driving, especially if you suffered injuries and other damages. Not only will filing a personal injury claim against the negligent driver allow you to receive compensation, but it could help deter texting while driving in general. The more people realize that car crashes involving cell phones cost lives, the more likely other drivers will avoid distracted driving in the future. Allow the Albany personal injury lawyers at Bailey, Johnson & Peck to build a strong case and fight for justice on your behalf.

Damages for a Texting and Driving Accident

Albany personal injury lawyers at our law firm can help you potentially recover financial compensation for the following types of damages:

• Past and future medical expenses
• Past and future physical therapy expenses
• Lost wages
• Loss of earning capacity if your injuries prevent you from completing all of your job duties
• Physical pain and suffering
• Emotional distress
• Loss of consortium
• Loss of enjoyment of life
• Permanent scarring, disfigurement, and/or disability
• Funeral and burial expenses if the car accident resulted in wrongful death

How to Avoid Texting and Driving

The best way to save lives is to practice safe driving behaviors at all times. Below, our team of Albany personal injury lawyers include the best ways to prevent distracted driving.

• Silence or Turn Off Your Cell Phone While Driving. This is one of the best ways to stop texting while driving. When we are bored while sitting at a stop light or while driving down a never ending highway, we will definitely want to pick up a cell phone, especially if it’s ringing or vibrating. Remove the temptation to drive distracted by silencing or turning off your phone.
• Make Sure Your Phone is Out of Reach and/or Out of Sight. You can do this by putting your cell phone in the glovebox, the console compartment, or in a purse in the back seat. Again, this will help remove the temptation to engage in texting while driving.
• If You Need to Answer an Important Call or Text, Pull Over. Many times, the calls and texts on our cell phones require a quick response, especially if there is an emergency happening. For your safety and others, it’s best to just pull over to answer phone calls and text messages like this.
• Set the Example. Parents (or even older siblings) who engage in texting and driving on a regular basis are teaching younger drivers that this is safe, acceptable behavior on the roads. Teen drivers are the newest and therefore most inexperienced drivers on the roads. It’s crucial that they engage in behaviors that allow them to drive safely.
• Consider Using an App to Monitor a Teen Driver. There are tons of apps out there that allow parents to monitor their teen’s texting and driving behaviors. There are even apps out there that can help teen drivers avoid texting while driving. If your teen’s cell phone use on the roads is becoming a problem, these apps are well worth considering.