When drivers text behind the wheel, it takes their hands, eyes, and attention from the road and other motorists nearby. This leads to collisions and injuries. If you suffered a serious injury because of a texting driver in Albany, an Albany texting while driving accident lawyer from Morelli Law Firm might be able to help. We represent traffic accident victims who seek compensation based on their injuries, expenses, and other losses.
Let the Morelli Law Firm team review your case at no cost to you. We provide complimentary assessments of your options and answer your questions about the claims process. Call (212) 751-9800 today to begin.
Seeking Recoverable Damages Following an Albany Collision
In most New York State car accidents, everyone involved files a no-fault claim based on their Personal Injury Protection (PIP) policy. This allows them to recover damages that include reasonable medical care costs for minor or moderate injuries, a portion of the income they missed while out of work, and up to $25 a day for other related expenses.
When the injuries are serious, permanent, or require the victim to miss extensive time at work, and the other driver caused the accident, the state’s auto insurance laws allow them to step outside the no-fault system and file a fault-based claim or civil lawsuit.
A fault-based claim allows the victim to claim additional damages not covered by their PIP policy. This includes current and future medical needs, lost wages and benefits, compensation for diminished ability to earn a living, other out-of-pocket and related expenses, and intangible damages, including reduced quality of life, pain and suffering, and more.
Hand-Held Cell Phone Use Is Illegal in New York, Including Texting
Using a cell phone while driving and other distractions are incredibly common. Distracted driving accidents cause hundreds of deaths every year nationwide. According to the New York State Police, there were 87,728 distracted driving accidents in New York in 2018, a significant increase from the previous year.
Cell phone use while driving, including texting, is illegal in New York. Under Vehicle and Traffic Law (VAT) §1225-C, the state’s traffic laws prohibit all drivers from using portable electronic devices with few exceptions, primarily in emergencies to contact authorities or first responders.
Drivers who are stopped for texting or cause an accident may receive a traffic ticket, resulting in a fine of up to $200 for a first offense.
If the victims of the accident they caused suffer serious injuries or otherwise meet an exception to the no-fault laws, they may be able to hold the texting driver accountable. The most common way to do this is to file an insurance claim based on this driver’s auto liability insurance coverage. In some cases, a traffic accident injury lawsuit may be necessary.
The team from Morelli Law Firm can help you understand your rights following an Albany truck accident. Call us today at (212) 751-9800 to find out more.
Albany Texting While Driving Accident Lawyer Near Me 877-751-9800
There Is a Statute of Limitations on Albany Texting Driver Accident Lawsuits
There is a time limit that applies to almost every step of seeking compensation after a traffic accident. There are time limits for notifying your PIP provider and filing your claims, and there is a statute of limitations on filing a civil suit. According to New York Civil Practice Law and Rules (CVP) §214, accident victims generally have up to three years to file a lawsuit.
In most claims we handle, we attempt to reach an out-of-court settlement for our clients. We do not file a lawsuit in every case. However, we still need to investigate the accident and build an argument to move forward as necessary if the deadline is approaching. The sooner we can go to work on a case, the better. Contact us as soon as you can after your injury.
Morelli Law Firm Represents Victims of Texting While Driving Accidents in Albany and Other Areas of New York
When an accident victim enlists our help with their claim, an Albany texting while driving accident lawyer from Morelli Law Firm will take care of the process on their behalf. Our team works to:
- Prove the victim qualifies to file a fault-based claim
- Prove what happened and who was responsible
- Show the damages the victim suffered as a result of the accident
- Work with accident reconstructionist specialists, medical experts, and others
- Value the victim’s damages, including tangible and intangible losses
- File the claim and present a strong argument for compensation
- Negotiate with representatives from the insurance company as necessary
- Take the client’s case to court if needed
We accept cases and represent our clients based on contingency. You will never pay for your preliminary consultation, and we do not charge a retainer or other up-front costs. Our fees come out of the compensation we recover on your behalf, and only if you receive a payout.
To learn more about our services and how we may be able to help you, call Morelli Law Firm today at (212) 751-9800. Our case assessments are free for accident victims, and we can often determine if a victim qualifies to file a fault-based claim based on our first conversation.
Discuss Your Accident Case with Our Team for Free Today
An Albany texting while driving accident lawyer from Morelli Law Firm may accept your case and represent you in negotiations with the insurer to secure a fair financial recovery based on your accident damages.
We serve other areas of New York State in addition to Albany. This includes areas south of Albany, New York City, and Long Island. Call Morelli Law Firm about your texting while driving collision in any of these areas, and let us evaluate your options for free. Dial (212) 751-9800 now to talk to a team member.