In recent years, distracted driving has become the main cause of car accidents in New York. When someone is paying attention to their phone instead of the road, they make mistakes, and these mistakes can injure others.
Dealing with the aftermath of an accident involving a driver who was texting can be overwhelming. You might face high medical bills, pain and suffering, emotional trauma, and injuries that stop you from working, or even doing normal daily tasks. Fortunately, a personal injury lawyer can help get you the compensation you need.
HOW DO YOU GET COMPENSATED IF INJURED BY A DRIVER WHO WAS TEXTING?
New York has a no-fault insurance system. That means every car insurance policy must contain at least fifty thousand dollars in Personal Injury Protection, or PIP benefits. These benefits are available to cover your car accident injuries no matter who is at fault. For minor accidents, your PIP benefits may be all you need.
However, PIP benefits have limits. The most obvious limit is the policy limit, which is fifty thousand dollars for most policies. This usually isn’t enough to cover severe injuries. Also, PIP only covers medical bills, time off work, and physical therapy bills. It does not cover pain and suffering, trauma, or disabilities, which are common after major car accidents.
For more serious injuries, you may have to file a lawsuit against the driver who caused the accident.
SUING THE DRIVER WHO WAS TEXTING
The main issue in most personal injury cases is whether the person who caused the injury was negligent. In other words, was that person acting with a reasonable level of care? Driving while texting or calling is generally considered to be negligent.
There are several ways to show a driver was distracted by a cell phone. It’s possible to get the driver’s phone records to prove they were texting or calling at the time of the accident. Eyewitnesses may be able to testify that they saw the other driver looking at their phone instead of the road. Street or store surveillance cameras may have captured the driver texting when the accident occurred. Or, the driver may admit at the scene of the accident that they were texting. Every case is different, and a good lawyer can sift through all the evidence and find the best way to prove the case.
Most cases settle rather than going to trial, but having a stronger case usually makes the other driver, or their insurer, willing to pay more in the settlement.
It’s important to note that New York usually doesn’t allow lawsuits against someone who texted or called the other driver. So, your main sources of compensation for a texting-while-driving accident will be your own PIP policy and a lawsuit against the other driver.
WHO SHOULD YOU CONTACT IF YOU’VE BEEN INJURED BY A TEXTING DRIVER
If you or a loved one have been injured by a driver who was texting, contact Rosenblum Law for a free consultation today. Our experienced personal injury lawyers will assess your case and find the best strategy to get you all the compensation you deserve.