New York Injury Law Blog

Driving on New York Highways is Not the Time to Send Text Messages

We have reported on numerous occasions the dangers of texting while driving, and we have cited the tragic statistics that are the result of distracted driving.  New York’s Governor Andrew Cuomo is aggressively ticketing NY offenders, and his office reports that the last Operation Hang Up in April netted more than 150 drivers in just the first 12 hours of the anti-texting campaign.

Our Binghamton car accident attorneys cannot say enough times that texting while driving is not safe under any conditions.  We continue to be shocked at the number of New Yorkers that insist on texting while driving.  Not only is it against the law now, with New York having one of the strictest anti-texting laws, but it is dangerous to everyone on the road.  Anyone that causes an accident due to texting and is charged with driving while distracted could be held liable for the injuries or fatalities sustained in the car accident.

Now, if a judge rules in favor of a New Jersey couple who both lost their left legs when the motorcycle they were riding was struck by a driver who was texting, the driver reading and sending text messages as well as the person at the other end of the phone can be held liable for the accident.

According to an article in the NY Daily News, the couple is suing the then 19-year-old driver that hit them as well as his girlfriend who was texting him at the time of the accident.  The lawsuit claims that the person sending the text message knew her friend was driving and that she was “electronically present” at the time of the accident.  The lawyer for the couple compares the texter’s actions to someone who enables another to drive drunk.

A judge will rule later this month if a text message sender can be held liable for encouraging distracted driving.

“We hear too many heartbreaking stories about how distracted driving leads to tragic consequences, and we must do everything in our power to ensure more lives are not unnecessarily lost because someone took their eyes off the road to use a phone,” said Governor Cuomo when reviewing the first day’s results of Operation Hang Up.

Our Binghamton personal injury attorneys agree with Governor Cuomo and we support his continued efforts to put an end to texting while driving in New York.  If you believe your message is too important to wait, we urge you to pull off the road into a safe area where you can safely contact your friend or family member.

Anyone hurt in a motor vehicle crash caused by the recklessness or negligence of the other driver should seek legal help right away.  An experienced Binghamton car accident attorney can help an injured party file a claim and, especially, to fight the insurance company.

Contact a Personal Injury Attorney Today

Scott C. Gottlieb, Injury Law Attorney, is a Binghamton accident and injury law firm that handles all types of personal injury and motor vehicle accident cases, including cases involving drunk-driving accidents, wrongful death, cancer misdiagnosis, dog bites, hunting accidents, birth injuries, brain injuries, construction accidents, fall-down injuries and insurance settlements. The firm regularly employs accident reconstruction experts, investigators, photographers and economists to assist in evaluating and preparing personal injury cases.

For more information, call (800) TALK-LAW or use the firm’s online contact form.

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