Cell phone use has been found in many studies to be one of the sources of distracted driving, which, in turn, has been a leading cause of road accidents. As a result, Cell Phone Accident Laws have been put in place in many states around the country, including New York.
New York Cell Phone Laws prohibit the use of handheld phones while driving, specifically, holding the phone on one hand while talking, typing, browsing, or other similar uses. Drivers who are caught doing any of these can be stopped, with penalties that include a fine of between $50 and $150, and five points on the driver’s license. These penalties do not include those that may be incurred if an accident arises from the use of a cell phone while driving.
If you or someone you know gets involved in an accident because of another driver’s cell phone use, contact an experienced Brooklyn, NY personal injury lawyer right away. The strict regulations surrounding cases like this warrant serious legal responsibilities on the erring driver’s part.
In addition to payment for any property damage and injury, you may be entitled to punitive damages to compensate for lost wages, or any long term or even fatal consequences arising from the accident. A lawyer will make sure that you or your family get due compensation from losses incurred from the accident.
It is worthy to note that, despite the legislations on cell phone use while driving, accidents resulting from distracted driving have not decreased. In fact, the 2014 Injury Facts compiled by the National Safety Council showed that cell phone use accounted for 26% of car accidents in the country for the preceding year, a slight increase from 2103 figures.
Additionally, data from the report point to one alarming fact: only 5% of the car crashes caused by cell phone used happened because the driver was texting. In most of the cases, the drivers were talking either on handheld or hands-free phones.
The contribution of hands-free phone use to the number of car crashes has led many to clamor for stricter cell phone accident laws. They cite studies which show that the act of talking on the phone, even without holding it, is enough to cause distracted driving.
This seeming flaw in cell phone accident regulations makes it more difficult to prove the fault of an erring driver. However, a knowledgeable Brooklyn personal injury attorney, like one from The Law Offices of Joseph Lichtenstein, can help you make your case through proper evidence building. With the assistance of the lawyer, you have better assurance that your rights will be protected, and you could get a favorable outcome from the case.
(Source: Cellphone use causes over 1 in 4 car accidents, USA Today, March 28, 2014)