Automobile Accidents Caused by Texting: What is the Law and Who is Liable?

Motor vehicles, by their nature, are very dangerous.  Even when they are driven with the greatest care, motor vehicles can cause serious and life-threatening injuries, such as spinal cord injuries, traumatic brain injuries, or even death.  Especially when they are driven recklessly, motor vehicles can be extremely deadly.

With the increased use of technology, it is becoming much more common for motor vehicles to be driven recklessly due to distracted driving.  In 2012, according to the National Highway and traffic Safety Administration, 3,328 people were killed in crashes that involved a distracted driver.  It was also estimated that in the same year 421,000 people were injured in motor vehicle accidents that involved a driver who was distracted.  The use of text messaging has had an impact on the number of accidents involving distracted drivers.

According to the U.S. Department of Transportation, texting while driving increases the driver’s likelihood of being involved in a motor vehicle accident.  In fact, some studies estimate that drivers who text are 23 times more likely to be involved in a motor vehicle accident.

It is now illegal under New York law for a person who is operating a motor vehicle to use his or her cell phone while the motor vehicle is moving.  New York Vehicle and Traffic Law Section 1225-c(2)(a) states that “no person shall operate a motor vehicle upon a public highway while using a mobile telephone to engage in a call while such vehicle is in motion.”  The few exceptions to this statute are:

• Making an emergency call;
• Driving on a private roadway;
• The use of a “hands free” device; or
• Pulling onto the side of the road to use the phone.

In addition, under New York Vehicle and Traffic Law Section 1225-d(1) “no person shall operate a motor vehicle while using any portable electronic device while such vehicle is in motion.”  This includes using cell phones to send text messages and looking at or sending e-mails.

Violating either of these Sections can result in criminal and/or civil liability for a Hudson car accident.  Police officers can now stop and ticket drivers when they use their cell phones.  Civilly, doctrine of negligence per se has been applied to violations of these statutes to compensate persons injured as a result of reckless and distracted driving.

If you or a loved one has been injured in a car accident caused by the other drivers reckless or distracted driving because of they were texting, contact an experienced Hudson car accident attorney to evaluate our case and discuss any right you may have with regards to compensation.

The attorneys at Greenberg and Greenberg handle car accident cases throughout New York State, including Columbia, Greene, Rensselaer, and Albany County.  Our legal team has earned a reputation for dedicated service to our clients injured in New York personal injury accidents.  Please contact us today to receive a free case evaluation by dialing locally to 518-828-3336 or call toll free at 877-469-9300.

The Permissive Use Doctrine: When a Car Owner Allows Another Person to Use their Car

Motor vehicles are used every day to get people to work, children to school, and to run important errands.  Motorists place a lot of trust in others while on the road.  We trust them to drive safely and prevent harm to us and our loved ones.  Unfortunately, some drivers continue to drive in a reckless, careless, and negligent manner, potentially leading to accidents.

When an injury results because of a car accident, lives can be changed forever.  Emotions such as anger, confusion, and sadness are common.  People can also suffer financially because of an inability to return to work.  The quality of their daily life can also be permanently diminished.  

Many times after an accident the question a victim has is “what next?”  Last week we wrote about what to do when you are involved in a Hudson motor vehicle accident.  Today we are discussing who may be liable for your injuries.  This is important because sometimes the driver of the car causing your injuries is not the owner.  Thus, there are multiple parties which may be liable for your injury.  This is also important if the driver is unable to compensate you for your injuries.

In this scenario where the driver is not the owner, an experienced Hudson car accident attorney can seek compensation for injuries through the “permissive use doctrine” under New York Vehicle and Traffic Law Section 388.  Under this law, owners of a vehicle that is used or operated in New York “shall be liable and responsible for death or injuries to person or property resulting from negligence in the sue or operation of such vehicle, in the business of such owner or otherwise, by any person using or operating the same with the permission, express or implied, of such owner.”

Under this doctrine, an owner of a vehicle is liable for injuries that are caused by another person’s negligence that was given permission to use the vehicle.  The permission can be either express or implied.  This law allows an attorney to bring a lawsuit against the driver of the vehicle and the owner.  This ensures that all available sources of compensation are available to the victim to fully compensate the injured party for their injuries and damages.

However, there is an exception to the presumption of permissive use.  If there is evidence that the driver of the vehicle at the time of the accident was using the vehicle without the permission of the owner, the presumption is rebutted.  If the car was stolen from the owner, the permissive use doctrine does not apply as permission was not given, express or implied.  Therefore, injuries that result from the negligence of the thief are usually not imputed on the owner unless a rare exception applies.

Establishing express or implied permission will often require an experienced Hudson car accident attorney to properly investigate and carefully analyze the factual evidence.  This will determine all the necessary parties to the claim and give the victim the ability to be fully compensated for their injuries and damages.  This is particularly important because motor vehicle accidents can cause serious and life-threatening injuries, such as spinal cord injuries, traumatic brain injuries, or even death. 

The attorneys at Greenberg and Greenberg handle car accident cases throughout New York State, including Columbia, Greene, Rensselaer, and Albany County.  Our legal team has earned a reputation for dedicated service to our clients injured in New York personal injury accidents.  Please contact us today to receive a free case evaluation by dialing locally to 518-828-3336 or call toll free at 877-469-9300.

What to Do if you are Involved in a New York Car Accident

There are approximately 11 million car accidents each year in the United States.  Some of these accidents can be minor and result in little if any property damage or personal injuries.  However, some accidents can result in serious personal injuries, such as spinal injuries or traumatic brain injuries, and even death.  Even low-speed accidents can result in serious injuries comparable to high-speed collisions.

In New York car accidents, there are certain steps you need to take.  Your first priority should always be your health and safety.  Your next priority should be doing what it takes to preserve your rights and remedies under the law.

Injuries or Possible Injuries

If there are any injuries at the scene of the accident, an ambulance should be called immediately.  Even if the injuries do not appear to be serious, always have a trained first responder to evaluate a victim to ensure there is not a larger and undetected injury.  Even low-speed collisions can produce injuries—particularly soft tissue injuries—which are difficult to detect.  This is not the time to play hero or delay seeking treatment; get help immediately.  Failing to do so can put both your health and ability to effectively pursue a personal injury claim you may wish to bring to seek compensation for your personal injuries.

Police Intervention

As a rule of thumb, the police should always be called to the scene of an accident—even minor collisions.  This is because even if you do not think you are injured, some injuries—such as soft-tissue injuries—take time to manifest themselves.  Resist the urge to settle this matter with the other driver(s) on the road.  If the other driver is attempting to offer you money or to just go through your respective insurance companies, there may be a larger issue here.  If there is no accident report, attempting to file a claim later with your insurance company or to file a personal injury claim will be significantly more difficult.

If you believe that the other driver may be under the influence of a narcotic or alcohol, make sure to politely suggest to the office to investigate such claim.  Also pay attention for other suspicious activity, such as the driver and a passenger switching places or changing clothing.

Any injuries should also be noted to the responding police officer(s); don’t be a hero and make sure to list everything.  If there are witnesses present at the scene, as them to stay to make a statement to police.  If the witness is not cooperative or cannot stay at the scene, get his or her contact information or write down his or her license plate so authorities can make contact later.  Make sure that an accident report is generated and gather the report number and officer’s name and badge number. 

Exchange Information with Other Parties

This is easier to do when the police are present, and some officers may even do it for you.  But ensure that you receive the names, addresses, and contact information of all drivers and passengers involved in the motor vehicle accident.  Make sure to also pay particular attention to the driver of the vehicle(s), who the owner of the vehicle is, and who the insurance policy is issued to. 

However, do not sign any statements, reports, or other documents at the scene.  Even if police are requesting that you do so, just politely state that you are still a little affected by the accident and want additional time to digest what just happened. 

Draft your Own Accident Narrative

As soon as possible after the accident, make sure to write down as many details of the accident as you can remember.  Note particular details such as date, time, location, roadway condition, position of the sun, weather conditions, traffic patterns, description of the driver, description of the passenger(s), description of any witnesses, estimated speed of your vehicle and the other vehicle, color of the traffic light, signage at the scene of the accident, any roadway markers, any landmarks (i.e. mail boxes), and position of the motor vehicles after the accident.

Make sure to write “drafted in contemplation of possible litigation” at the top of your narrative.  If you already have a retained attorney, write “attorney work product material” at the top of this narrative.

Reporting the accident to the DMC and your Insurance Company

Accidents must be reported to the Commissioner of Motor Vehicles within 10 days if there has been property damage over $1,000 or personal injuries to any person.  In addition, make sure you insurance company is immediately contacted. Provide the essential information, such as parties, location, injuries, damage, and accident report, but don’t provide any specific details regarding the accident other than a board synopsis (i.e. it was a read-end collision).

No-Fault Insurance Benefits

Your own insurance policy will cover you under New York’s No-Fault insurance law.  It will provide medical and wage lost benefits, as well as pay for damage to your vehicle.  This must be done within 30 days of the accident and not delayed.  For more on No-Fault benefits, click this link.

There are many issues which may arise in Hudson car accidents that require the review of an experienced car accident attorney.  Our attorneys at Greenberg and Greenberg handle cases throughout New York State, including Columbia, Greene, Rensselaer, and Albany County.  Our legal team has earned a reputation for dedicated service to our clients injured in New York personal injury accidents.  Please contact us today to receive a free case evaluation by dialing locally to 518-828-3336 or call toll free at 877-469-9300.