Many of us are heavily reliant on our phones. Whether we are keeping in touch with family and friends, checking work emails, or simply browsing social media, these handheld devices act as a lifeline to a variety of people. While their convenience is apparent, there are certain situations where using your smartphone is inappropriate. Driving is one of these scenarios.
Texting while driving causes an increasing amount of car wrecks every year in New York and throughout the U.S. This form of distracted driving puts pedestrians, motorcyclists, commercial truck drivers, and all others who share the road at risk of suffering serious injuries and losses. When you are hurt in a texting while driving accident in Buffalo, reach out to a qualified car wreck attorney from Richmond Vona, LLC for help understanding your legal rights.
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The Impact of Texting While Driving
Texting while driving is a leading contributor to many different types of auto collisions. This is because operating a cell phone falls under all three categories of distracted driving simultaneously. These include visual distractions, manual distractions, and cognitive distractions. In some instances, the impacts of distracted driving can be just as severe as those of driving under the influence. Wrecks commonly caused by Buffalo motorists who are texting include:
As defined by New York law, there are rules in place that regulate the use of cell phones while driving. This includes the Distracted Driving Law that states all drivers must use hands-free devices when talking on cell phones. Text messages, game playing, or similar usage of handheld electronic devices or phones is totally prohibited for all drivers. Viewing, taking, or sending images is also prohibited for all motorists.
The only behaviors allowed by a person operating a vehicle are the use of hands-free talking on their phone and using their phone if properly displayed, to help them navigate. This could include using Waze or Google Maps to get to their destination.
How Does Breaking Cellphone Laws Impact an Injury Claim?
When the plaintiff of an injury claim was unlawfully using a cell phone at the time of their accident, the judge may find them totally or at least partially at fault for their incident and injuries. This could eliminate or severely limit their ability to recover compensation. However, if the defendant is found to have been texting at the time of the incident, this may result in total liability on behalf of that defendant, which could increase an injured motorist’s settlement amount. If both parties were texting or otherwise using their phones in the moments before the wreck, this could result in a 50/50 split of responsibility, meaning the injured person could only recover 50% of their damages. Working with a reliable attorney is crucial for understanding these variables, successfully proving fault, and disputing any allegations of shared liability.
Let a Buffalo Attorney Provide Support After a Texting While Driving Accident
Being involved in an auto collision is stressful. Matters can be made even worse if the event would not have taken place but for the negligence of another party. When you are involved in a texting while driving accident in Buffalo, our experienced team can guide you through the process of pursuing compensation and justice to set things right. CallRichmond Vona, LLC today for a complimentary consultation to get started.
With over 25 years of combined personal injury experience, our co-founding attorneys, John E. Richmond and Keith R. Vona, have helped injury victims and their family members recover more than $150 million in financial relief.
John E. Richmond
Co-Founding Member
As one of New York’s top personal injury attorneys, John E. Richmond understands that clients come first. With over a decade of experience representing plaintiffs, he knows how to hold negligent corporations and big insurance companies liable.
In his nearly 15 years in practice, Keith has been consistently recognized for his client service and record of results. He has been selected for inclusion in the New York Super Lawyers® Rising Stars list four times (2013 to 2016), an honor reserved for the top up-and-coming attorneys.
