Using a mobile device to send, write, or read text messages while driving is a sure way to increase the risk of an accident. Texting while driving requires a motorist to:
- Divert their eyes away from the road
- Take at least one hand off of the steering wheel
- Think about the message that they are reading or sending, rather than driving
The National Highway Traffic Safety Administration (NHTSA) has found that any “non-driving activity” could increase a motorist’s risk of causing an accident. Texting while driving is clearly one such “non-driving activity.” If a motorist caused your accident because he or she was texting and driving, you may be entitled to fair and just compensation for each and every one of the types of damages you suffered.
Call Dansker & Aspromonte Associates today at (212) 732-2929 for details of how our Queens texting while driving accident lawyers will seek the best possible outcome for you and your loved ones.
Motorists Must Obey a Safety Standard
Driving a motor vehicle in Queens means accepting the responsibility to be careful and reasonable. This is referred to as a duty of care.
According to the Legal Information Institute (LII), a duty of care requires that motorists act in a “reasonably prudent” fashion. Being reasonably prudent means cautiously driving a vehicle and refraining from texting while driving.
If an investigation reveals that the other driver involved in your accident was texting at the time of the accident, those actions may be evidence that the driver:
- Violated their duty of care
- Acted in a negligent manner
- Is responsible for the losses that you or your loved one experienced because of your accident
Liability for Your Losses May Be Shared
The duty of care may not only apply to a motorist who texted and caused your accident as a result. An employer may also be held responsible for your accident depending upon the unique facts of your accident.
An employer whose employee texts while driving could be held liable for your damages due to their employment relationship to the at-fault driver. Generally, an employer is responsible for the acts of their employee if those acts took place as part of his or her job duties. An employer is also responsible for the acts of their employees if they:
- Hired an employee with insufficient driving experience
- Improperly retained an employee with a history of texting while driving tickets or an otherwise dangerous driving history
- Failed to administer drug tests to employees
- Failed to monitor drivers’ use of alcohol while on the job
- Failed to maintain company vehicles in good condition
An employer’s negligence may be additional grounds for a finding of negligence.
In some instances, there are multiple causes of an accident. Based upon the unique facts of your case, other parties may also be held responsible for your accident even if one driver was texting while driving including:
- Other negligent drivers
- The City of New York, construction companies or utilities such as Con Edison or Verizon, if they created dangerous roadway conditions
- Roadway construction companies if they created defective or confusing road signs or travel zones
- Vehicle maintenance or manufacturers if one vehicle malfunctioned in the course of the accident
Issues of fault may be complex, and our lawyers have extensive experience identifying each and every party who caused or contributed to a motor vehicle accident. Call Dansker & Aspromonte Associates today at (212) 732-2929 for a free consultation from a team member.
Our Lawyers Will Fight for You
If you have been seriously injured due to the fault of another, contact our personal injury team of lawyers as soon as possible for a free consultation. Even if you are not sure whether you have an actionable claim for money damages, our lawyers can give you advice as to how to proceed. Call us today. Until then, follow this simple advice if possible:
- Call the police at the scene
- Insist that a police or incident report is completed
- Obtain medical attention immediately
- Gather the names and contact information of any witnesses
- Take photographs of the scene and your injuries
- Follow all medical instructions
- Do not give any statements to representatives of the at-fault party
- Do not post on social media concerning the accident or your injuries
- Contact a lawyer immediately to learn your rights
The sooner you contact us, the sooner we can begin to investigate the unique facts of your accident, secure evidence, file your claim for benefits and compensation in a timely manner, protect your best interests and build a strong claim so that you can focus on your own recovery.
If we agree to accept your case, Dansker & Aspromonte Associates will begin a careful and thorough investigation of the accident and your injuries. Some of the actions we will take may include:
- Obtaining all police or incident reports
- Interviewing all witnesses
- Securing video footage of the accident, if available
- Conducting a site visit
- Taking photographs of the accident scene, vehicle damage, and your injuries
- Reviewing vehicle data and specifications
- Consulting an expert in accident reconstruction
- Gathering all hospital and medical records
- Retaining medical experts
- Requesting employment and lost earnings records
- Analyzing all economic losses including lost wages, benefits, and out of pocket medical expenses
You May Be Entitled to Substantial Compensation
If the evidence proves that your serious injuries were the result of the fault of another, New York law permits you to demand fair and just compensation for each and every type of damage you sustained. Some of the types of damage which you may be entitled to include:
- Pain and suffering for all physical and emotional injuries
- Loss of enjoyment of life
- Future pain and suffering
- Loss of services in the home
- Lost wages
- Future lost wages
- Medical and hospital expenses
- Future medical expenses
- Funeral and burial expenses, in the event of death
- Loss of guidance and support, in the event of death
- Any other out of pocket expenses caused by your injuries
Call Dansker & Aspromonte Associates Today to Begin Working on Your Case
Our Queens texting while driving accident lawyers will protect your rights while aiming for the best possible recovery after your accident. Call us today. Your time to file a claim for benefits or compensation is limited. If you fail to file your claim by a certain deadline, you could be prevented from receiving the monetary compensation you deserve. Don’t delay.
Call Dansker & Aspromonte Associates today at (212) 732-2929. If we agree to accept your case, you will not be required to pay us any money upfront. We only earn a legal fee when you receive compensation for you.