Not everyone understands the rules about distracted driving involving the manual use of a mobile phone. It is illegal to text while driving in New York, and most people know it is not safe to do even if they don’t know the law.
Unfortunately, distracted driving due to texting remains a major collision risk on the roads. How can you hold someone else accountable if they caused a crash because they had their phone in their hands instead of their hands on the wheel?
Report the issue to the police
Some drivers will try to talk you out of making an official police report after a crash. Especially if you believe you suffered an injury or suspect misconduct, like texting at the wheel, you should not forego formal reporting.
Calling the police to the scene of the crash and then notifying the officer who arrived of your suspicions can lead to evidence that shows the other driver texted while at the wheel.
Know your rights when you suffer losses after a crash
You have a right to bring an insurance claim when a crash causes massive damage to your vehicle or leaves you with major injuries. In cases where a driver doesn’t have insurance or doesn’t carry enough to fully reimburse you for your losses, you may need to file a civil lawsuit against them. Having documentation on record about their texting at the wheel will likely strengthen your case for compensation.
Taking the right steps after a car crash will make it easier for you to hold the driver who caused it responsible. Find out more about your legal options as soon as possible after a wreck.