It goes without saying that smartphones have improved modern life in countless ways, but the proliferation of these devices has had one major drawback: According to the Federal Communications Commission, distracted drivers cause about nine traffic fatalities and 1,000 injuries in the United States every single day. Smartphone use is a primary contributor to these tragic collisions.
If you were hurt or lost a family member in a crash with someone who was texting and driving, the New York City car accident attorneys at The Law Office of Richard M. Kenny can help you gather evidence to prove liability. Cell phone records and surveillance footage can be difficult to access without the help of a lawyer, but we will do everything in our power to gather all available evidence to strengthen your claim. Call (646) 808-3785 to schedule a free case evaluation with a personal injury attorney.
How to Prove a Driver Was Texting Before a Car Accident
It is unlikely that the at-fault driver will admit to texting behind the wheel, so you will need strong evidence to prove liability. This evidence might include:
- Eyewitness testimony;
- Surveillance footage of the collision;
- Dash cam footage from nearby vehicles;
- Cell phone records;
- Transcripts from the deposition of the allegedly liable motorist; and
- Police reports.
Will an Insurance Company Still Cover the Damages If Their Policyholder Was Texting and Driving?
Since New York follows a no-fault auto insurance system, accident victims typically file a claim with their own provider following a collision. In certain scenarios, though, they can also file a third-party claim against the liable motorist or his or her insurance company.
If you sustained qualifying injuries or vehicle damage in an accident caused by a driver who was texting behind the wheel, that driver’s insurance company should still cover the damages even though he or she was violating the law when the wreck occurred. However, the insurer might not cover the costs incurred by its policyholder because texting and driving is prohibited throughout the state and might violate the terms of the policy.
Should I Hire a Car Accident Lawyer to Assist with a PIP Insurance Claim?
Yes. Even if you do not intend to bring a claim against the at-fault driver, you could still benefit from hiring an experienced attorney to guide you through the PIP claims process because the insurance company has incentive to deny or undervalue your claim. Your lawyer can ensure you do not make any misguided statements or other mistakes that would lead to a liability or damages dispute. Your attorney can also gather evidence, calculate your damages, and file the necessary paperwork.
Discuss Your Case with a New York City Car Accident Attorney Today!
The injury lawyers at The Law Office of Richard M. Kenny have more than 100 years of combined experience practicing law. Our track record of successful results illustrates the efficacy of our legal strategies and our commitment to excellence in every car accident claim we handle. Call (646) 808-3785 or fill out our Contact Form to schedule a free consultation with an injury lawyer in New York City.
