Despite repeated warnings and updated criminal laws outlawing it, cell phone usage while behind the wheel continues to persist. A person found to have been texting when they caused a crash is going to be liable for the harm done to the plaintiff. In order to prove this, you will need professional help. The trusted car accident attorneys at StolzenbergCortelli, LLP could offer insight into your legal options after a texting while driving accident in Nanuet.
It is against the law to remove both hands from the steering wheel while driving. Motorists are often distracted and use their cell phones to text or make a call, but this is only allowed on a hands-free device. If they are using a map for directions, it must be set up through the car system or they must put the phone up on a magnetic clip device so they can look at the GPS without using their hands.
Texting while driving for even a few seconds can cause a Nanuet driver to miss an obstacle in the road, blow through a traffic light, or rear-end a car that was stopped in a traffic jam. Additionally, it can be hard to make a quick maneuver if someone has a phone in one hand.
If the plaintiff is using the phone at the time of the accident, it could reduce their financial recovery, if they get any recovery at all, because the defendant might try to claim the injured party was primarily responsible for the crash.
If the defendant was using a cell phone at the time of a crash, it could help the plaintiff show that the defendant was driving distracted and that they were not keeping a reasonable lookout on the road.
In the event that both the plaintiff and the defendant were on their phones, comparative negligence would come into play. A plaintiff will only be able to recover damages based on the proportion of fault the defendant held. If the defendant was deemed 70 percent responsible for the incident, then the plaintiff would only recover 70 percent of the damages awarded.
Evidence is critical when filing suit in Nanuet for a texting while driving accident. Lawyers will need to acquire phone records, call logs, text messages, video of people on the phone or texting, and witnesses who might identify what someone was doing at the time of the crash. However, the most important evidence is the call logs.
It is difficult to obtain phone records without voluntary compliance, but it can be extremely helpful in identifying whether someone was using their device at the moment of the crash. The plaintiff and their lawyer will most likely have to subpoena the records.
It is not always easy to prove that the person who struck you was on their phone at the moment of impact. Lawyers from StolzenbergCortelli, LLP have the experience necessary to subpoena phone records and help you prove your case for damages. Give us a call to discuss the next steps after a texting while driving accident in Nanuet.