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Cell Phone Use & Accidents

Cell Phone Use & Accidents

How Cell Phone Use Contributes to Accidents in New York

$7 Millionfor a man who had his leg amputated as a result of an automobile accident

New York laws currently in effect make cell phone use while driving illegal. You cannot place or receive a call, talk with the cell phone to your ear, text or use an electronic device while driving. The only exception is to place a 911 call. What is the reason for this new law? Cell phone use while driving causes accidents. Drivers become distracted ― visually, physically and cognitively ― and their driving is impaired.

For more than three decades, Rubenstein & Rynecki have helped people injured by car accidents to determine the cause of their accident, identify liable parties and recover fair compensation for damages.

Statistics on cell phone use and driving

The National Highway Traffic Safety Administration (NHTSA) reported that in 2011, 3,331 people died in traffic crashes involving a distracted driver. However, a recent report in the New York Daily News cited a study that indicated car crash fatalities related to cell phone use are underreported. Of the cases studied, approximately half involved suspected cell phone use that went unreported.

NHTSA estimates that cell phone and other electronic device use while driving increases the risk of a car accident by three times. A study done by researchers at the University of Utah revealed that drivers talking on handheld and hands-free cell phones were as impaired as drunken drivers.

What does this mean for your car accident case?

In any personal injury accident case, proving the defendant’s negligence is the key factor. Evidence of negligence exists when another driver is talking or texting while driving. The court still evaluates and assigns the percentage of negligence to all parties involved in the car accident. However, cell phone use on the part of the other driver can definitely tip the scales.

When an officer stops drivers for talking or texting while driving in New York City, the citation can add five points to their driving record. Conviction for cell phone use violations can result in 60-day license suspensions for drivers with probationary licenses. A repeated conviction can lead to a six month revocation. Presenting records of the other driver’s cell phone violation conviction as evidence helps your lawyer substantiate your injury case.

Representation since 1972

At Rubenstein & Rynecki, our attorneys bring extensive experience to every case we handle, and over the years we have helped thousands of clients recover compensation. It costs you nothing to discuss your accident with us and we may be able to help.  No recovery, no fee.  Contact us today for a free consultation.

Case Results

  • $62 million verdict

    $62 million verdict for medical malpractice causing double amputation

  • $22.9 million verdict

    $22.9 million verdict (reduced on appeal) for a motorcyclist struck by a milk truck in Queens

  • $17.9 million

    $17.9 million for medical malpractice causing amputation of hands and feet