You were in a car crash, and you suspect the other driver was texting. How do you prove what they were doing before impact, and what does it mean for your claim? New York’s texting and driving laws define when phone use is prohibited, but proving fault requires evidence of what happened before the crash.
You don’t need to have all the answers before seeking help. The attorneys at Matera & Manley have successfully advocated for countless Long Island car crash victims. We’re ready to bring our proven track record to your claim when a negligent driver thought sending a text was more important than the safety of others sharing the road.
What Do New York’s Texting and Driving Laws Prohibit?
New York’s texting and driving laws are quite specific. New York Vehicle and Traffic Law § 1225-d prohibits drivers from holding a phone to read, write, send, or access messages while driving. The law also covers activities such as browsing webpages, viewing images, and playing games.
New York’s texting and driving laws prohibit certain distracting activities. Other activities, like hands-free calls and navigation, as well as emergency communication, are lawful.
Still, legal phone use does not necessarily mean the driver is operating safely. A driver using a hands-free phone may still be negligent if the distraction causes them to drift into another lane. On the other hand, proving that a driver violated the texting law does not, by itself, prove that the violation caused the crash. The evidence must connect the driver’s conduct to the collision and your injuries.
Your own share of fault may affect compensation under New York’s most recent fault laws. The state’s serious injury threshold generally still applies to claims for pain and suffering.
What Evidence Can Prove Texting Contributed to the Crash?
Proving that the driver was texting often requires more than one source of evidence to establish what the driver was doing before the impact and that the activity caused the crash. The attorneys at Matera & Manley can investigate evidence and help identify the relationship between the two to prove negligence when the facts allow.
Phone Records and Message Timestamps
Phone carrier records may show when text messages were sent or received, allowing an attorney to compare those timestamps with the crash timeline. However, receiving a message does not prove the driver opened or read it. Moreover, carrier records have limitations, and companies generally do not reveal the content of messages sent through third-party apps or establish whether the driver was actively using those apps.
Phone and App Data
The driver’s phone may contain information that phone company records do not, such as activity within messaging apps. A forensic examiner may be able to look into the phone’s data to determine whether the driver used it around the time of the crash. Our attorneys can use formal legal requests or seek court approval to obtain relevant information while respecting privacy protections and limits on what we can examine.
Witness Statements and Surveillance Footage
Witnesses to the crash may have seen the driver holding a phone, typing, or looking at its screen. These observations are key. Seeing someone type or otherwise unlawfully engage with their phone is more direct evidence of possible messaging than simply seeing them look down, which could have another explanation.
Video footage can help confirm these observations. It may capture the driver using a phone or show the vehicle drifting or reacting late to traffic. Even if the phone isn’t visible, footage can help reconstruct the collision and assess whether the phone-use timeline matches the driver’s actions. Our attorneys can promptly seek available footage and request its preservation before it is overwritten.
You do not need to prove the other driver was texting before seeking legal help. The attorneys at Matera & Manley can use appropriate legal procedures to obtain relevant phone records on your behalf. We will use this context to support a stronger negligence argument whenever the facts allow.
Learn How Texting and Driving Laws May Apply to Your Claim
If someone else decided sending a text mattered more than your safety, take action. Hire an attorney who knows how to navigate the state’s texting and driving laws to prove negligence. The attorneys at Matera & Manley can explain your options and help you pursue compensation when the evidence supports your claim.
Acting promptly can help preserve evidence before it is lost. Book a free consultation with Matera & Manley to discuss your crash and the next steps.
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