Albany Texting While Driving Accident Lawyer

We represent traffic accident victims who seek compensation based on their injuries, expenses, and other losses. You can connect with a car accident lawyer in Albany within hours of your accident to learn more about your right to recover. Morelli Law Firm can review your case at no cost.

Taking Action After a Distracted Driving Accident

How can you get back on your feet after a distracted driving accident? Personal injury lawsuits allow you to hold an at-fault driver financially accountable for losses you endured because of their negligence. So long as you file a claim before your statute of limitations expires, our Albany personal injury lawyer may have the right to ask a liable party to pay for your:

• Emergency medical care
• Long-term medical bills
• Property damage
• Motor vehicle property repair
• Restoration of other lost property
• Lost wages or reduced opportunities to work
• Emotional distress
• Pain and suffering
• Mental anguish

An experienced attorney knows how to capitalize on evidence found at the scene of your crash to maximize the damages you can include in your claim. However, you must have enough evidence to meet or exceed the state’s burden of proof. 

Albany County judges want to know that you’ve done your research and can prove that your losses stem from someone else’s negligence. That’s where our team comes in. 

Our experienced car accident attorneys understand that you may not have experience taking legal action after these types of accidents. Moreover, you may be dealing with injuries that permanently change your ability to meet your daily needs. It’s with those limitations in mind that we offer to take over the creation of your legal claim.

Insurance Claims Versus Personal Injury Claims: How to Recover From a Car Accident

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. In addition to your economic losses, an experienced texting while driving attorney in Albany can help you calculate the dollar value of non-economic losses like reduced quality of life.

The Pros and Cons of Working With an Insurance Company After a Distracted Driving Accident

New York requires all of its drivers to maintain at least minimum liability insurance before they start driving. Drivers without appropriate coverage can face severe legal consequences.

However, if you get into an accident with someone with coverage, you can file an insurance claim with an at-fault driver’s insurance company. Doing so allows you to recover damages based on the economic losses you sustained due to someone else’s inappropriate roadway behavior.

Unfortunately, working with an insurance company puts you in direct contact with an insurance claims adjuster. Insurance adjusters do not have your best interests at heart when they reach out after a crash. Most want to limit your right to recover loss-based damages. Many adjusters may encourage their companies to deny your car accident claim.

Whether or not you have any interest in filing a personal injury claim against a negligent party, we encourage you to have an auto accident attorney on hand when meeting with an insurance claims adjuster. Our presence can minimize the bad faith behavior that might otherwise limit your access to the financial aid you deserve.

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 stopped for texting or who 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.

Criminal Cases Can Impact Your Right to Recover

If the state decides to charge your at-fault party with criminal roadway misconduct, it is in your best interest to keep tabs on that criminal case. While a criminal conviction may not directly benefit you, you can use some of the information that comes forward during a criminal case to help you argue for your right to loss-based compensation.

Moreover, criminal convictions can serve as proof of negligence in a civil case. While a criminal texting while driving conviction may not outright win your civil case, you can submit a criminal court’s findings to a civil judge to better argue for the financial support you deserve.

There Is a Statute of Limitations on Albany Texting while Driving Accident Lawsuits

There is a time limit that applies to almost every step of seeking maximum 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. Our motor vehicle accident attorneys 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, a texting while driving accident lawyer in Albany, NY, 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 fair compensation
• Negotiate with representatives from the insurance company as necessary
• Take the client’s case to court if needed

Our legal team brings decades of experience to bear on behalf of clients in need. You can learn more about our extensive history with texting while driving cases by reading through our case testimonials.

Our legal knowledge is only bested by our dedication to our community. 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 financial compensation we recover on your behalf and only if you receive a payout.

Discuss Your Accident Case with Our Albany Texting While Driving Lawyers for Free Today

An Albany texting while driving accident attorney 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. Contact Morelli Law Firm about your texting while driving collision in any of these areas, and let us evaluate your options for free.