Texting while driving becomes a very significant factor in New York when there is a car accident and especially one that causes serious injury or death.
An injury falling under the New York serious injury threshold provides a legal basis to sue an at-fault driver to recover compensation for damages. Insurance law also classifies death as a serious injury. Therefore, a surviving family member has the right to sue an at-fault party for damages related to losing a loved one in a car accident.
When a New York court determines negligence in a car accident case, the judge assigns both the plaintiff and defendant a percentage of fault for causing the accident.
First of all, texting while driving is against the law in New York State. In New York, illegal activities with a hand-held mobile phone or portable electronic device being used while driving include:
If the lawyer can prove the defendant was texting while driving, the court will weigh this factor when calculating fault.
Our attorneys at Sackstein Sackstein & Lee, LLP have handled many car accident cases over the years and have successfully recovered compensation for our clients.