Texting and Driving Accident Lawyer

At Kelner & Kelner, we understand the devastating impact that texting and driving accidents can have on victims and their families. Our team of dedicated texting and driving accident lawyers has been serving the New York City community for over 70 years, delivering results that speak for themselves.

When drivers choose to text behind the wheel, they put everyone on the road at risk. If you or a loved one has been injured due to someone else's negligent decision to text while driving, you deserve compensation and justice. Our texting and driving accident lawyers are committed to holding distracted drivers accountable and helping you rebuild your life.

Financial Compensation Available for Texting and Driving Accident Victims

At Kelner & Kelner, our texting and driving accident lawyers work diligently to secure every type of compensation available to victims under New York law.

• Medical Expenses: Compensation covers all accident-related healthcare costs, including emergency treatment, hospital stays, surgeries, medications, physical therapy, and future medical needs.
• Lost Income: Recovery for wages lost during recovery, reduced earning capacity, and potential future income losses if your injuries affect your ability to work.
• Pain and Suffering: Financial recovery for the physical pain, discomfort, and reduced quality of life resulting from injuries caused by a distracted driver.
• Emotional Distress: Compensation for psychological trauma, anxiety, depression, PTSD, and other mental health impacts following a texting and driving accident.
• Property Damage: Reimbursement for vehicle repair or replacement costs and damage to personal property inside the vehicle at the time of the collision.
• Rehabilitation Costs: Coverage for specialized therapies, adaptive equipment, home modifications, and other rehabilitation services needed for recovery.
• Diminished Quality of Life: Financial recovery for permanent limitations that affect your ability to enjoy former hobbies, activities, and lifestyle.
• Loss of Consortium: Compensation available to spouses for loss of companionship, affection, and support resulting from severe injuries.
• Punitive Damages: In cases involving particularly reckless texting and driving behavior, additional compensation may be awarded to punish the at-fault driver.
• Wrongful Death Damages: For families who have lost loved ones to texting drivers, compensation for funeral expenses, lost financial support, and the emotional impact of their loss.

Our distracted driving accident lawyers understand the full impact these incidents have on victims' lives and fight tirelessly to secure comprehensive compensation that addresses both immediate and long-term needs. Contact Kelner & Kelner today for a free consultation regarding your texting and driving accident case.

How a Texting and Driving Accident Lawyer Can Maximize Compensation

At Kelner & Kelner, our dedicated attorneys work tirelessly to secure the highest possible compensation for victims of texting and driving accidents throughout New York City.

• Immediate evidence preservation: Our texting and driving accident lawyers quickly secure phone records, witness statements, and vehicle data to establish the driver was texting at the time of the collision.
• Comprehensive damage assessment: Our texting and driving accident lawyers ensure all current and future medical expenses, lost wages, pain and suffering, and other damages are fully documented and properly valued.
• Expert witness collaboration: Our texting and driving accident lawyers work with accident reconstructionists, medical professionals, and economic analysts who provide compelling testimony about liability and the full extent of your damages.
• Insurance coverage investigation: Our car accident attorneys examine all potential insurance policies, including personal, commercial, and umbrella coverage to identify every source of compensation.
• Thorough liability documentation: Our texting and driving accident lawyers establish clear evidence of the texting driver's negligence through phone records, eyewitness accounts, and police reports to strengthen your claim.
• Strategic negotiation tactics: Our distracted driving accident lawyers use proven negotiation strategies backed by thoroughly prepared evidence to counter insurance company tactics.
• Trial preparation excellence: Even during settlement talks, our texting and driving accident lawyers prepare your case for trial, signaling to insurance companies that we're prepared to fight for maximum compensation in court.
• Timely filing procedures: We ensure all claims and lawsuits are filed within New York's statute of limitations to preserve your right to compensation.
• Clear causation establishment: Our New York car accident lawyer team connects the texting behavior directly to your injuries through compelling evidence and expert testimony.
• Ongoing medical monitoring: Our texting and driving accident lawyers remain in contact with your healthcare providers to document how injuries develop over time, ensuring future complications are included in your claim.
• Comparative negligence protection: Our NYC personal injury lawyers defend against attempts to assign partial blame to you, preserving your right to full compensation under New York's comparative negligence laws.

Don't settle for less than you deserve after a texting and driving accident. Contact Kelner & Kelner today for a free consultation to learn how our experienced attorneys can help maximize the compensation for your injuries and losses.

How Our Injury Lawyers Prove The At-Fault Driver was Texting

At Kelner & Kelner, our texting and driving accident lawyers utilize numerous investigative techniques to establish that a driver was texting at the time of your accident.

• Cell phone records: Our legal team can subpoena detailed phone records showing text messages, data usage, and app activity that coincide precisely with the time of the collision.
• Witness testimony: Eyewitnesses who observed the driver looking down at their phone before the crash can provide crucial testimony to support your claim.
• Police reports: Official accident reports often note if the responding officer suspected distracted driving or if the driver admitted to texting.
• Video surveillance: Traffic cameras, dashcams, or nearby security footage can capture drivers using their phones in the moments leading up to an accident.
• Vehicle data recorders: Modern vehicles often contain "black boxes" that record sudden braking or erratic steering patterns consistent with distracted driving behavior.
• Social media evidence: The at-fault driver may have posted or messaged something at the time of the accident, providing digital timestamp evidence of their distraction.
• Admission of fault: Sometimes drivers admit to texting during post-accident conversations, which can be documented and used as evidence.
• Accident reconstruction: Our texting and driving accident lawyers work with specialists who can analyze physical evidence to determine if the crash patterns match those typical of texting drivers.
• Lack of skid marks: Absence of braking evidence at the scene often indicates the driver never saw the hazard, consistent with someone looking at their phone rather than the road.
• Phone positioning: The location of a phone in the vehicle (such as found on the driver's seat or floorboard) can provide supporting evidence of handheld phone use.
• Driver behavior witnesses: Testimonies from others who observed the driver texting before the accident, such as at previous stops or while driving nearby, can establish a pattern of behavior.

Our car accident lawyers leave no stone unturned when investigating your case to prove that texting was the cause of your accident. Contact Kelner & Kelner today for a free consultation about your texting and driving accident claim.

Types of Texting and Driving Accidents We Handle

At Kelner & Kelner, our texting and driving accident lawyers have successfully represented clients across a wide spectrum of distracted driving incidents throughout New York City.

• Rear-End Collisions: These common texting-related accidents occur when distracted drivers fail to notice stopped traffic ahead, often resulting in severe neck and spine injuries.
• Intersection Crashes: Texting drivers frequently run red lights or fail to yield, causing dangerous T-bone collisions with potentially catastrophic consequences.
• Lane Departure Incidents: When drivers text, they often drift across lane markings, leading to sideswipe accidents or deadly head-on collisions with oncoming vehicles.
• Pedestrian and Cyclist Accidents: Distracted drivers are less likely to notice vulnerable road users, resulting in particularly severe injuries when pedestrians or cyclists are struck in crosswalks or bike lanes.
• Highway Speed Collisions: Texting while driving at high speeds dramatically reduces reaction time, leading to high-velocity impacts with devastating injuries.
• Multi-Vehicle Pileups: A single texting driver can trigger chain-reaction crashes involving multiple vehicles, creating complex liability scenarios our car accident lawyers are equipped to handle.
• Commercial Vehicle Accidents: When truck or delivery drivers text behind the wheel, their massive vehicles can cause catastrophic damage to smaller passenger vehicles.
• Rideshare Incidents: Distracted Uber or Lyft drivers checking messages can cause serious accidents, requiring our distracted driving accident lawyers to navigate complex insurance situations.
• Work Zone Collisions: Texting drivers often fail to notice construction zone warnings, endangering workers and other motorists in these already hazardous areas.

If you've been injured in any type of texting and driving accident, Kelner & Kelner has the experience and resources to pursue the compensation you deserve. Contact us today for a free consultation with our dedicated legal team.

Common Injuries Associated with Texting and Driving Accidents

At Kelner & Kelner, our texting and driving accident lawyers have helped countless victims suffering from a wide range of injuries caused by distracted drivers throughout New York City.

• Whiplash and neck injuries: These traumatic soft tissue injuries commonly occur in rear-end collisions when texting drivers fail to notice stopped traffic ahead.
• Traumatic brain injuries: From mild concussions to severe TBIs, these life-altering injuries often result from the significant impact forces in distracted driving crashes.
• Spinal cord damage: Texting-related accidents frequently cause herniated discs, vertebrae fractures, or complete spinal cord injuries that may lead to partial or full paralysis.
• Broken bones: The sudden, forceful impact in distracted driving collisions commonly results in fractures to arms, legs, ribs, pelvis, and facial bones.
• Internal organ damage: High-impact texting and driving crashes can cause serious internal injuries including ruptured organs, internal bleeding, and other life-threatening conditions.
• Facial injuries and disfigurement: Airbag deployment, shattered glass, and direct impact can cause severe facial trauma requiring extensive reconstructive surgery.
• Psychological trauma: Many victims experience PTSD, anxiety, depression, and driving phobias following serious accidents caused by texting drivers.
• Soft tissue injuries: Muscle strains, ligament tears, and other soft tissue damage are common even in lower-speed distracted driving accidents.
• Burn injuries: Vehicle fires following texting-related crashes can result in painful, disfiguring burns requiring long-term medical treatment.
• Amputation: In catastrophic texting and driving accidents, severe crush injuries sometimes necessitate the surgical removal of limbs.
• Chest and thoracic injuries: Steering wheel impact and seatbelt trauma can cause broken ribs, sternum fractures, and damage to vital organs in the chest.

Our car accident lawyers and distracted driving accident lawyers understand the full physical, emotional, and financial impact these injuries can have on victims and their families. If you've suffered any of these injuries due to a texting driver, contact Kelner & Kelner today for compassionate legal representation focused on securing the compensation you deserve.

The Growing Epidemic of Texting While Driving

Texting while driving has become one of the most dangerous forms of distracted driving on America's roads. According to the National Highway Traffic Safety Administration (NHTSA), sending or reading a text message takes your eyes off the road for approximately 5 seconds. At 55 mph, that's like driving the length of an entire football field with your eyes closed.

The statistics are alarming:

• Texting while driving makes a crash up to 23 times more likely
• Approximately 1.6 million crashes annually involve cell phone use
• 14% of all fatal crashes involve a driver using a mobile device
• In New York State alone, thousands of injuries occur each year due to texting drivers

As texting and driving accident lawyers who see these devastating consequences firsthand, we are passionate about representing victims and advocating for safer roads.

New York's Texting and Driving Laws

New York has implemented strict laws against texting while driving:

• It is illegal for all drivers to use handheld electronic devices while driving
• Violations carry penalties of 5 driver violation points and fines up to $450
• For probationary and junior drivers, a first offense results in a 120-day suspension
• Subsequent offenses can lead to revocation of driving privileges

Despite these laws, texting while driving remains prevalent. When these laws are violated and injuries occur, our distracted driving accident lawyers are prepared to use these violations to establish negligence in your case.

Why Choose Kelner & Kelner's Distracted Driving Accident Lawyers

For over seven decades, Kelner & Kelner has been a trusted name in personal injury law in New York City. When you select our distracted driving accident firm to represent you after a texting and driving accident, you benefit from:

• Decades of experience handling complex vehicle accident cases
• A proven track record of substantial settlements and verdicts
• Personal attention from attorneys who genuinely care about your well-being
• Resources to thoroughly investigate and litigate against powerful insurance companies
• No fees unless we win your case
• Clear, straightforward communication throughout the legal process

Our texting and driving accident lawyers understand that you're going through one of the most challenging periods of your life. We handle the legal complexities so you can focus on your recovery.

Get Justice After Your Texting and Driving Accident

Don't face the aftermath of a texting and driving accident alone. Our dedicated legal team at Kelner & Kelner is ready to fight for the compensation you deserve while you focus on recovery. Contact us today for a free, confidential consultation with our experienced texting and driving accident lawyers who have been serving New York City families for over 70 years.

Texting and Driving Accident Lawyer FAQs

How long do I have to file a texting and driving accident lawsuit in New York?

In New York, the statute of limitations for most personal injury cases, including texting and driving accidents, is three years from the date of the accident. However, this timeframe can be shorter in certain circumstances, such as claims against government entities, so it's advisable to consult with a texting and driving accident lawyer as soon as possible.

What makes texting while driving more dangerous than other distractions?

Texting while driving is particularly hazardous because it combines all three types of distraction: visual (taking your eyes off the road), manual (taking your hands off the wheel), and cognitive (taking your mind off driving). According to safety studies, this triple-threat distraction significantly increases crash risk compared to other distractions.

Can I still recover compensation if I was partially at fault in a texting and driving accident?

Yes. New York follows a "pure comparative negligence" system, which means you can still recover compensation even if you were partially at fault, though your percentage of fault will reduce your recovery. Our texting and driving accident lawyers work to minimize any assignment of blame to maximize your compensation.

What if the at-fault driver denies they were texting at the time of the accident?

This is a common defense, but our texting and driving accident lawyers can overcome these denials through thorough investigation. Our texting and driving accident lawyers can obtain cell phone records through legal processes, gather witness testimony, and utilize other evidence such as surveillance footage to establish that texting occurred at the time of the crash.

How are children and teenagers affected by texting and driving accidents?

Younger victims often face unique challenges following accidents caused by texting drivers. They may experience developmental issues due to injuries, require specialized medical care, and have different legal considerations regarding settlement funds. Our texting and driving accident lawyers have experience handling these sensitive cases with the care they deserve.

Will my texting and driving accident case go to trial?

While most cases settle before trial, our texting and driving accident lawyers prepare every case as if it will go to court. This thorough preparation often results in better settlement offers, as insurance companies recognize our readiness to advocate for our clients at trial if necessary.

What makes Kelner & Kelner different from other law firms handling texting and driving cases?

Our firm brings seven decades of experience to every case, with a proven track record specifically in distracted driving claims. Our car accident lawyers maintain a selective caseload to ensure personalized attention, and our trial-ready approach frequently results in more favorable outcomes for our clients.

How is compensation calculated for pain and suffering in texting and driving accidents?

Pain and suffering damages are calculated based on factors including injury severity, recovery duration, impact on daily activities, and long-term prognosis. Our distracted driving accident lawyers work with medical experts to fully document these non-economic damages to ensure fair compensation.