Car accidents are becoming more prevalent today and there is a cause for concern that, at the least, this is partly due to the rise in consumer use of technology, including cell phones and other devices, while they are operating their vehicles. As a result people are sustaining serious personal injuries. For instance, on Saturday June 2nd, 2007, there was a multi-car accident on the Long Island Expressway in Commack, New York due to a driver who was distracted by his Ipod. It is apparent that there is a rise of use of cell phones and ipods while individuals are driving.
In New York, drivers are required by law to use hands-free cell phones, but this requirement is apparently being increasingly disregarded. There is a concern that the use of technology while driving will impair the manner in which they drive. In order to assert that another was negligent in how they operated their vehicle, it would have to be shown that they breached their duty of care by not exercising reasonable care for a foreseeable risk. It must be shown that the negligence was a substantial cause of the harm suffered.
Questions that lawyers ask at depositions of motor vehicle operators now routinely include whether a cell phone was in use at the time of the accident. Often attorneys demand authorizations to obtain the records from cellphone providers.
The personal injury lawyers at Levine & Slavit have decades of experience in handling personal injury and motor vehicle claims. If you or someone close to you has been injured in an accident, contact the offices of Levine & Slavit in for their help. Levine & Slavit has offices in Manhattan and Long Island, handling cases in New York City, the Bronx, Brooklyn, Queens and surrounding areas including Westchester County.