Personal Injury Lawyers Bronx and Westchester County, New York

Injured by a texting driver? Fight back.

Our Bronx car accident attorneys will send them a message, loud and clear

The dangers of texting and driving have been known for years, but that still doesn’t stop some people from throwing caution to the wind and endangering the lives of others. That’s why if you’re involved in a car accident caused by someone texting while driving in New York, it’s important to send the at-fault driver a strong message and demand justice. We can help.

If you or a loved one got hit and injured by someone texting while driving, take strong action and pursue full compensation for your damages. For more than 30 years, Giampa Law has been winning cases for victims in the Bronx and throughout New York City. See what an experienced Bronx car accident attorney can do for your texting while driving accident claim. Contact us today for a free consultation.

We live in a technological era where smartphones, cellphones, computers, and tablets are all a part of our day-to-day lives – but that still doesn’t give anyone a good excuse to send or read a text while they’re driving. Every year in the U.S., texting and driving cause more than 1.5 million crashes, making it one of the leading causes of car accidents. That’s why it’s important to know how to respond effectively to your texting while driving accident.

What makes texting while driving so dangerous?

It’s been shown that texting while driving is similar to driving with a blood alcohol content of 0.19 – more than double the legal limit. Someone who is reading or sending a text is about 20 times more likely to cause an accident compared to a someone who isn’t.

What makes texting while driving so dangerous is texting drivers take their eyes off the road while they’re reading or writing a text message. They’re also not concentrating on driving. Instead, their mind is focused on their phone.

And while such distractions can be dangerous for all drivers, they’re especially hazardous among young, inexperienced drivers, especially young men, according to texting while driving statistics from the National Highway Traffic Safety Administration (NHTSA).

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    How much is my texting while driving accident claim worth?

    Depending on the circumstances of your crash, you may be eligible for a significant cash payout. New York law states that in order for you to pursue a lawsuit against the at-fault driver, you must establish that you sustained a “serious” injury as a result of your car accident. Understanding what qualifies as a “serious” injury can sometimes by challenging, which is why you should consider talking to an experienced personal injury lawyer about your case.

    In general, you might be able to recover compensation for:

    • Medical expenses
    • Lost income from missed work
    • Loss of earning capacity
    • Replacement services (e.g., care for children, household chores)
    • Property damage
    • Pain and suffering
    • Wrongful death (for immediate family members of fatal car accident victims)

    An easy way to find out if you have a case and uncover how much it might be worth is to schedule a free consultation with our law firm. Our attorneys can review the details of your case, discuss your legal options, answer your questions, and help you figure out the best way to move forward.

    Is it illegal to text and drive in New York?

    Though there are special “Texting Zone” locations around the New York State Thruway and other state highways where a driver can pull over to safely send or read a text, it is illegal in New York to use a hand-held mobile phone or portable electronic device while you are driving. This includes:

    • Talking on a handheld mobile device.
    • Writing, sending, reading, accessing, browsing, transmitting, saving, or retrieving any electronic data, including email, texts, or websites.
    • Viewing, taking or sending pictures.
    • Playing games on a mobile device.

    In the event of an emergency where you need to contact authorities, you are allowed to use a mobile phone to call 911. Otherwise, using your cellphone to send or read a text may result in hefty fines and penalties, such as driver violation points.

    How can a texting and driving accident lawyer help me?

    If you or someone you care about got injured in a crash due to a texting driver, an experienced personal injury attorney can help you prove negligence and get the compensation you’re entitled to. A car accident lawyer can:

    • Launch an investigation into your accident.
    • Obtain cellphone records and preserve other important pieces of evidence.
    • Seek out and interview any eyewitnesses.
    • Find and review traffic camera feeds/surveillance video that may have captured your crash.
    • Consult with top accident reconstruction experts.
    • Help you get appropriate medical treatment and care.
    • Negotiate a cash settlement with the insurance company on your behalf.
    • File a lawsuit and represent you in court, if your case qualifies.

    Maybe you got rear-ended by someone texting while driving and sustained a severe neck injury or whiplash. It could be that a texting driver crossed over into your lane and caused a head-on collision that resulted in you sustaining a traumatic brain injury. Or you might have tragically lost a loved one in a fatal texting while driving car accident and need help pursuing a wrongful death claim.

    No matter what the circumstance are of your crash, contact our law firm right away to protect your rights and keep your legal options open. You don’t want to miss out on the compensation you’re entitled to.

    Give your case the edge it needs

    Your claim might seem straightforward, but you should never underestimate the power of an insurance company to pressure you into accepting minimal compensation. Even if they know you have a strong claim, some insurance adjusters may try to fool you into inadvertently admitting partial fault. Others will downplay the severity of your injuries or argue that you had a pre-existing condition.

    Don’t let them play dirty. Our lawyers know how to deal with the insurance company and aren’t scared to go toe-to-toe with pushy insurance adjusters. Whether it’s at the negotiating table or in court in front of a judge and jury, we will pull out all the stops to get you maximum compensation.

    Best of all, there are no upfront costs and you don’t have to pay us anything unless we win. That’s because we represent our clients on a contingency fee basis. Find out how an experienced Bronx attorney can help with your texting while driving accident claim. Contact us today for a free consultation.

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    Giampa Law

    860 Grand Concourse Suite 1H

    Bronx, NY 10451

    Phone: (781) 557-9602

    Click here for directions


    Giampa Law

    200 Summit Lake Drive #270

    Valhalla, NY 10595

    Phone: (914) 618-4225

    Click here for directions