New York Cell Phone Accidents
Over the past 2 decades the incidence of car accidents related to cell phones has skyrocketed. In the past the driver distractions have been primarily related to such things as eating, focusing on the radio, other people in the vehicle, and pets in the vehicle, the term distracted driving typically refers to driving while talking on the phone or texting. However, now that over 90% of drivers own cell phones, they have become a great source of distraction to drivers. Drivers are not simply talking on the phone. It is common for drivers to use other features of their cell phones to attempt to read or type texts, search the internet, or even play games while the car is in motion. Thousands of people are seriously injured or die each year in accidents related to cell phone usage. The victims of such accidents often suffer painful, devastating injuries with long recovery periods. For example, a victim may suffer a back or spinal cord injury which can lead to permanent mobility problems; or a head or brain injury which can lead to long-term cognitive problems. If you are in need of a New York Injury Lawyer because a driver who was distracted due to cell phone use caused an accident that left you or a loved one injured, contact an experienced New York Cell Phone Accidents Lawyer who will review the facts of your case and help you receive the compensation to which you are entitled. In addition, if during the course of treating the injuries you suffered in the car accident, your doctor further injuries you by making a medical mistake, the person responsible for your car accident injuries may also be ordered to compensate you for the medical malpractice injuries.Cell Phone Use While Driving
Cell phone use while driving does not only include talking on a phone. Cell phone use and texting are general terms use to describe using an electronic device while driving. This means talking on a cell phone, sending or reading texts or emails, searching the internet, or playing a game. When using an electronic device the driver's eyes are not focused on the road, but on the electronic device. A few seconds of averting eyes from the road can lead to a collision.
In New York in accordance with New York Vehicle and Traffic Law section 1125-c it is against the law to use a mobile phone while driving. Similarly, under New York Vehicle and Traffic Law section 1125-d it is against the law to drive while texting, using a laptop, pager, electronic game, tablet or any other portable electronic device. This means that if a driver is caught texting while driving, that driver will be fined. However, if the driver uses an electronic device while driving and as a result causes an accident, the financial consequences to the driver may gl beyond paying a fine and may include civil liability to the injured victim.Consequences of Car Accidents Related to Cell Phones
If a driver is not paying attention to the road and instead is focused on a phone conversation or is trying to type a text message, there is a good chance that that driver will cause an accident leaving another person with serious injuries. While the fines for violating New York Vehicle and Traffic Law prohibitions against driving while using a cell phone or portable electronic device are relatively minor, if distracted driving leads to injury the offender may be financially responsible to his or her injured victim in addition to be required to pay a fine.
If you were injured in an accident because of the negligence of a distracted driver, through a personal injury lawsuit there are number of different types of damages that you may be able to recover:
Medical expenses. The person responsible for the accident that caused your injuries may be required to pay for your medical expenses. This would include medical bills you accumulated prior to filing your claim as well as future medical expenses related to the treatment of your injury.
Lost wages. Even a relatively minor accident may cause you to miss time at work. The person responsible may be required to pay the wages you lost. If you end up using earned sick days or vacation days, you may be entitled to receive compensation for those days. Furthermore, if as a result of your injury your earning potential declined, you may be able to recover damages for loss of future earning capacity.
Pain and suffering. Another potential source of damages that you may be entitled to receive is pain and suffering. In the context of a personal injury claim, pain and suffering refers to physical pain as well as emotional distress.
Property damage. The person whose negligence caused the accident may also be responsible for damage to your vehicle or other property.New York Cell Phone Accidents Lawyer
A personal injury lawsuit against the person responsible for the accident will not only hold that person accountable for his or her negligent acts but will also provide you and your family with needed financial relief. To ensure that your rights are protected it is important that you are represented by someone with experience representing victims of car accidents. The staff at Stephen Bilkis and Associates has extensive experience representing clients injured in accidents related to cell phone use as well as other types of vehicle accidents. Contact us at 800.696.9529 to schedule a free, no obligation consultation regarding your car accident.