New York Texting & Driving Accident Attorney

After an accident with a distracted driver, he or she might not admit to the wrongdoing. Most drivers will not admit fault, especially while at the scene of the crash. Stay calm and don’t get angry with the other driver. Collect as much information as possible, including the names and contact numbers of anyone who witnessed the accident. Exchange information with the other driver, and report the crash to the NYPD if it resulted in personal injury, death, or expensive property damage. Then, call Meirowitz & Wasserberg.

Our lawyers know all the most common ways to prove that someone was texting while driving at the time of an accident. We can investigate your crash and take action such as filing a Preservation of Evidence Letter with the defendant. This will prevent the driver from destroying potential evidence, such as text message history and phone records. We can interview witnesses, access cell phone records, look at surveillance footage, and take other investigative measures to try to prove the other driver’s negligence. With our help, you won’t need the driver to admit fault. You can prove it with hard evidence.

Some drivers may try to use the comparative negligence defense after a car accident, even if texting while driving. For example, a driver may allege that you, the plaintiff, were also texting or otherwise not paying attention. New York follows pure comparative negligence laws. This means that the plaintiff may still be eligible for recovery even if the courts find him or her partially at fault. A team of attorneys can help you navigate these rules and try to reduce your own percentage of fault as much as possible for maximum compensation.