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What Should You Know About Texting While Driving?

texting while drivingStatistics Tell the Story of Why Texting While Driving Causes Accidents

Forty-eight states (all except Missouri and Montana) have banned texting while driving for all drivers. Missouri bans it for drivers 21 years or younger.

(Reference: National Conference of State Legislatures)

Facts About Texting While Driving

The following statistics and facts were determined for the years 2012 through 2018:

  • Of all fatal crashes across the nation, 9 percent involved texting while driving.
  • It takes approximately 5 seconds to answer a text. When driving 55 miles per hour, 5 seconds is the time it takes to travel 100 yards, the size of a football field.
  • Cell phone use resulted in 4,637 deaths caused by car crashes in 2018.
  • The risk of causing a car accident due to texting while driving is 6 times greater than due to drunk driving.
  • Using a cell phone while driving (hands-free and hand-held) reduces driver reaction time by as much as a blood alcohol content of .08%.

GPS Devices Also Result in Dangerous Driving Behavior

Using a GPS device is a similar behavior to texting while driving and also causes accidents.

(Reference: The National Highway Traffic Safety Association, the National Safety Council, and The Zebra internal reports)

What Does Texting While Driving Mean from a Legal Perspective?

If your injuries fall under the serious injury threshold or exceed damages of $50,000 (link to previous blog), you can pursue a lawsuit based on the other driver’s negligence. Your personal injury lawyer must prove the other party had fault in causing the car accident. Texting while driving is against the law and points to negligence. Furthermore, statistics show the dangers involved with texting and provide strong evidence in a car accident case. When assigning fault for the accident, the court is likely to assign a large percentage of fault (if not all) to the driver who was texting.

If you have suffered a serious injury and believe the other driver texted while driving, you should discuss the accident with a personal injury lawyer. A lawyer can explain your rights to recover compensation for damages.

Car Accident Insurance Limits: When Can You Pursue a Lawsuit?

Fazzini Law Personal Injury Website

How Does Establishing Fault Affect a Car Accident Case?

New York has no-fault automobile insurance. Regardless of who was at fault for causing an accident, insurance covers expenses up to $50,000 (or more, if the no-fault coverage purchased has limits greater than $50,000).

However, what happens when an injury is extremely serious or when costs exceed $50,000 insurance limits? When this occurs, you can sue an at-fault party for damages through a lawsuit.

Serious Injury Threshold in a Car Accident Under NY Insurance Law

Article 51 of the New York Insurance Law defines what constitutes a serious injury in car accident cases.

Any one of the following is considered a serious injury:

  • Death
  • Dismemberment
  • Significant disfigurement
  • Fracture
  • Loss of a fetus
  • Permanent loss of use of a body organ, member, function or system
  • Permanent consequential limitation of a body organ or member
  • Significant limitation of use of a body function or system
  • Medically determined injury or impairment of a non-permanent nature, which prevents the injured person from performing substantially all of the material acts which constitute such person’s usual and customary daily activities for not less than 90 days during the 180 days immediately following the occurrence of the injury or impairment.

What If You Were Partly at Fault in Causing the Accident?

During the case, a judge or jury assigns both parties a percentage of fault for causing the accident. If the other party was not 100% at fault for the accident, can you still bring a lawsuit? In New York, the answer is “yes.”

Pure comparative negligence law is the basis for personal injury cases in New York. Under this law, your percentage of fault in causing the accident reduces your recovery amount by that percentage. For example, if your damages were $100,000 and you were 50% at fault, the most you could recover would be $50,000. Even if you were 99% at fault you could still recover damages, but in this instance, you could only recover $1,000.

In a car accident case, your attorney must prove the other party had some percentage of fault in order to recover compensation for damages.

If you have questions about your car accident and recovering damages, you should consult with an experienced personal injury lawyer. The initial consultation is free, and you owe nothing unless the attorney recovers compensation on your behalf.

 

Fazzini Law Personal Injury Website