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Texting While Driving: Who is at Fault in an Accident?

By Dansker & Aspromonte

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July 20, 2024

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You’ve probably heard plenty about the dangers of texting and driving––or maybe even know someone involved in an accident where the other driver was texting. In most cases, fault for these accidents rests with the individuals who were found to be texting.

However, proving that texting was involved isn’t always so easy to do. That’s why we recommend retaining our services so that we can launch a full investigation and prove negligence.

How can you prove someone was texting while driving?

If you were injured, someone passed away, or property damage was more than $1,000, you are required to file an accident report, according to the New York State Department of Motor Vehicles (DMV). If an accident report was filed at the scene, then the attending police officer may have mentioned whether the other party was texting.

If you hire our firm, to prove who was at fault in your accident, we can:

  • Interview witnesses
  • Subpoena the other driver’s phone records
  • Check traffic camera footage
  • Consult accident reconstruction specialists

We can also review the points of impact on your vehicle. This can give us important insight into the cause and details of the crash.

For a free legal consultation, call (212) 540-2984

Texting while driving is a form of negligence

The DMV says that you cannot use a mobile or handheld device while you drive. You could face a fine of up to $200 even for a first-time violation. With that being said, if you were injured by another party who was texting while driving:

  • You may be able to file a personal injury claim with your own insurer.
  • You could file a personal injury claim with the other party’s insurer.
  • You could file a lawsuit against the negligent driver and the vehicle owner.

We encourage you to partner with our firm on your case. You have the right to file a case on your own. However, if your mobility, quality of life, and financial standing has been negatively impacted by the crash, you deserve to have our team handle your case for you.

How does New York view negligence?

New York is a no-fault state, but at the same time, operates on a system of pure comparative negligence. So, suppose that you were in an accident caused by distracted driving. In this case:

  • You would file a claim with your own insurer under your personal injury protection (PIP) coverage––regardless of who was at fault for the crash.
  • Even if you were somewhat responsible for what happened you could still seek damages.
  • You can make a claim or start a lawsuit against the responsible parties.

Proving fault in your case is important. An unfair assignment of fault on your part could end up costing you money. You deserve every penny you are owed for your injuries and associated losses.

Click to contact our personal injury lawyers today

What if the insurance company says you were the one who caused the crash?

You might have solid proof that the other driver in your collision was texting. However, the insurance company might still say that you primarily caused the crash and deserve less money than you need.

Our team has a track record of representing clients against insurance companies. If the liable party or their insurance company in your case does not pay what you are owed, we can file a lawsuit and fight for your rights.

To guide your lawsuit to a verdict, we can:

  • File your case in Court with the appropriate paperwork
  • Present the evidence associated with your case
  • Complete the “discovery phase” of the legal proceedings
  • Pursue your case in Court
  • Cross-examine and interview witnesses
  • Prove your case to a jury and obtain a verdict

We will also file your case within the appropriate statute of limitations, which outlines how long you have to file your motor vehicle accident case in court. By adhering to this deadline, we can pursue your damages via litigation.

Complete a Free Case Evaluation form now

Call the attorneys at Dansker & Aspromonte LLP Associates today to learn more

Since 1988, our firm has dedicated itself to defending the rights of injured people. We can determine who was at fault in your texting while driving accident and pursue damages from the liable party.

We have recovered more than $450 million for our clients. We also work on a contingency-fee-basis, so you don’t pay us anything until your case is over. Call today to obtain a free case review.

Call or text (212) 540-2984 or complete a Free Case Evaluation form

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