How Can You Prove Texting While Driving in a Car Accident Case? A Car Accident Lawyer in NYC Explains

Everyone knows how dangerous texting while driving can be, yet we see that the root cause of many car accidents in the streets of New York is, in fact, texting while driving. If you’ve been in a car accident, and you suspect the party at fault was texting while driving, proving so can greatly increase your chances of obtaining a favorable settlement. But the question is, how do you prove the party at fault was texting while driving? In this blog, the team at Gabriel Law will be stepping into the shoes of a car accident lawyer in NYC and will be explaining New York’s distracted driving laws and how you may prove texting while driving and hold negligent drivers accountable.

Texting while driving laws in New York

It shouldn’t be a surprise that texting while driving is an “illegal activity” in New York. It is categorized as a “primary offense.” As such, the police have the power to pull you over and check if you are using your phone or portable electronic device in handheld mode, even if you have not committed any other offense. 

You are only legally allowed to use your phone while driving only if you are calling 911 or want to contact the police, fire department, or medical personnel with regard to an emergency. The DMV further defines the term “illegal activity” to include things such as:

• Holding a portable electronic device; 
• Talking on a handheld mobile telephone;
• Composing, sending, reading, accessing, browsing, transmitting, saving, or retrieving electronic data such as e-mail, text messages, or webpages;
• Viewing, taking, or transmitting images; and 
• Playing games

If you are found to be in violation of the law, you can face penalties such as fines, surcharges, and even points on your driving license. The surcharge can go up to $93, and the fines may be charged as follows:

Being found guilty of texting while driving can mean up to 5 points on your driving record. If you accumulate 11 points within an 18-month period, your license will be suspended. If you are someone with a Class DJ or MJ license or permit, a guilty verdict will mean a 120-day suspension of your license or permit. However, if you happen to face a second conviction within 6 months of your 120-day suspension being lifted, your permit or license may be suspended for a year.

How can you prove texting while driving in car accident cases? 

If you are able to show that the person at-fault for the accident was texting while driving, and said negligence contributed to the accident, you are likely to receive a favorable settlement as the victim. However, without proper proof, your statements are merely hearsay. A skilled and experienced New York city auto accident attorney would know exactly how to present evidence to the court to prove texting while driving. Some of the evidence attorneys rely on include: 

Cell Phone Records

Every time you use a phone to text or call someone, your phone keeps a record of it with time stamps. Even if these logs were deleted from the device, a technician should be able to recover them without too much difficulty. As such, most attorneys would subpoena the call and text logs to determine what the individuals were doing at the time of the accident. 

If there is activity in your phone, in the exact time or a few seconds before the car accident took place, a car accident lawyer would be able to prove on a balance of probabilities that the person at-fault was using their phones while driving.

Witness Statements

Depending on where the car accident took place, there will most likely be witnesses. An eyewitness account is a powerful statement that has the ability to shift the narrative about the events that lead up to the accident, particularly if the person at fault was seen to be texting while driving. 

Traffic Footage

While witness testimony can sometimes be unreliable, the same cannot be said for traffic cam footage of the accident. Almost all the streets in New York have traffic cams, meaning that it is very likely that your accident was recorded. If either of the vehicles has a dashcam, that footage can be used as well. 

However, one must act quickly when it comes to securing traffic cam footage. You must first determine whether it is the state or a private company that operates the cameras of interest and contact them to request the footage. Speed is paramount because these institutions do not keep the footage for long.

Conclusion 

In a car accident case that involves distracted driving, proving that the other person was texting while driving at the time can strengthen your claim and tip the scales in your favor. However, proving this fact requires evidence and proper legal guidance. This is where the team at Gabriel Law comes into play. As seasoned car accident lawyers, we know how to conduct a thorough investigation and find the evidence needed to secure your compensation. Contact us for a free consultation, and let’s get started on building a winning case.