Texting and Driving FAQs
by cjleclaire
 Sackstein Sackstein & Lee, LLP
Jun 14, 2018 | 7152 views | 0 0 comments | 176 176 recommendations | email to a friend | print | permalink

Texting and Driving Is the Most Alarming Form of Distracted Driving

Texting and driving includes reading text messages, emails or online material or writing or composing messages on a mobile device while driving. The federal government defines texting and driving as distracted driving.

Why is texting the most alarming distraction to driving?

Research shows that reading or sending a text takes the drivers eyes off the road for about five seconds. For a car traveling at 55 miles per hour, five seconds is tantamount to going from one end of a football field to the other while your eyes are shut.

What do statistics reveal about texting and driving?

According to the National Highway Traffic Safety Administration (NHTSA), the following statistics indicate the extent of danger:

Approximately 1,000 people in the U.S. suffer injury and nine die every day as a result of accidents involving distracted drivers.

In 2015, 391,000 people were injured in distracted driving accidents.

During daylight hours, approximately 481,000 drivers use cell phones or electronic devices while driving.

The age group that uses handheld cell phones the most while driving are drivers between the ages of 16 and 24. Incidentally, according to the Centers for Disease Control and Prevention (CDC), teenagers between the ages of 16 and 19 are the most at risk, in fact they are three times more at risk of being in a car crash than any other age group.

How is distracted driving a factor in a personal injury car accident lawsuit?

Under New York law, when a person suffers a serious injury that meets the standards of the severe injury threshold, the injured party can sue the negligent party responsible for the accident to recover compensation. Lawyers must prove negligence on the part of the party being sued, and traffic violations such as texting and driving provide evidence that the distracted party was at fault.

Under New York law you cannot use a hand-held cell phone or portable electronic device while driving. Illegal actions on a mobile device include:

  • Talking on a handheld device
  • Composing, sending, reading, accessing, browsing, transmitting, saving or retrieving electronic data such as email, text messages or web pages
  • Viewing, taking or transmitting images
  • Playing games

The only acceptable actions an individual can do using a portable electronic device while driving is calling 911 or contacting medical, fire or police personnel about an emergency. (New York State, Department of Motor Vehicles)

Seek legal help if you’ve suffered a serious injury in a car accident caused by a distracted driver.

At Sackstein Sackstein & Lee, LLP , we offer a free initial consultation to discuss your injuries and evaluate your potential case.

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