The definition of distracted driving is any activity that takes a driver’s eyes, hands, or attention away from the road. Common distractions include texting, eating, talking on the phone, using apps, and adjusting vehicle controls.
Even a few seconds without full attention can cause a serious crash in New York traffic. After an accident, injured people typically report the crash to the police, seek medical care, and tell their insurance company.
Our Long Island distracted driving lawyer helps clients pursue damages related to the crash. We gather proof to show what happened, such as phone records. We also work with the insurance company to recover damages.
What Counts as Distracted Driving in New York?
People often feel frustrated after learning that a driver caused a collision because they were looking away from the road. This behavior behind the wheel can happen for just about any reason.
Common examples of distracted driving that we see include:
- Texting while driving
- Reading emails or social media
- Talking on a handheld phone
- Entering directions into a GPS device
- Watching videos
- Eating or drinking
- Reaching for items inside the vehicle
- Adjusting music or dashboard controls
- Turning around to talk to passengers
- Grooming inside the vehicle (e.g., combing your hair or applying makeup)
New York law treats cellphone use and texting behind the wheel seriously because these behaviors increase the risk of crashes.
New York Distracted Driving Laws
In New York, drivers cannot use handheld mobile devices to talk, text, browse the internet, or send electronic messages while operating a vehicle, according to New York Vehicle and Traffic Law § 1225-c and § 1225-d.
These laws restrict handheld cellphone and portable electronic device use while driving. Portable devices include cell phones, tablets, laptops, gaming devices, and electronic messaging devices.
A police officer may stop a driver for violating these distracted driving laws. Drivers can face fines, points on their license, higher insurance costs, and other penalties.
Why Distracted Driving Accidents Are So Dangerous
A driver does not need to look away for very long to cause a crash. Sometimes, the problem lasts only a few seconds. Some distractions affect a driver’s vision. Others involve taking a hand off the wheel or losing focus mentally.
Texting while driving is one example that combines all three problems at once because the driver looks away from traffic, uses their hands for the phone, and concentrates on the message instead of the surrounding vehicles.
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How to Report a Distracted Driving Accident in New York
Reporting an accident creates a record that may help later during the insurance process or a personal injury claim.
You can take these steps after a crash:
- Call 911 if anyone is injured.
- Wait for the police to arrive.
- Tell the officer what happened.
- Mention suspected cellphone use or distracted behavior if observed.
- Seek medical treatment as soon as possible.
- Notify the insurance company about the accident.
- Keep copies of medical records, photos, and repair estimates.
New York drivers generally must file a written accident report with the Department of Motor Vehicles if the crash causes injury, death, or property damage above the reporting limit under New York Vehicle and Traffic Law § 605.
What to Expect During a New York Insurance Claim
New York uses a no-fault insurance system for many car accidents. Personal Injury Protection (PIP) coverage may help pay for medical bills, part of lost pay, and some other costs after the crash.
Insurance companies look carefully at distracted driving accidents. They may review police reports, crash photos, witness statements, medical records, and other evidence connected to the collision.
Some claims for losses move quickly, but some slow down when disputes about who caused the crash or how serious the injuries are arise. Our Long Island car accident lawyer sorts through these issues so our clients can focus on getting care after a crash.
Can You Sue a Distracted Driver in New York?
New York’s no-fault system limits lawsuits after accidents. A person usually must meet New York’s serious injury threshold before they can file an injury lawsuit against the at-fault driver for pain and suffering and other losses that PIP does not cover.
Serious injuries can include broken bones, major disfigurement, permanent injuries, loss of body function, and major limitations affecting daily activities. If the injury meets the legal threshold, the injured person may seek damages tied to the crash.
Filing Deadlines for a Distracted Driving Lawsuit in New York
If the next move in your case is to file a lawsuit, you have a set time to submit your case to the court. New York usually gives injured people three years to file most personal injury lawsuits. Wrongful death lawsuits usually have a two-year deadline.
Some cases have shorter deadlines, especially claims involving government vehicles or public agencies. Certain claims may also require early notice. Our legal team will review your case and tell you how much time you have left to seek legal action.
Levine And Wiss Will Help You After a Distracted Driving Crash
Many people start asking questions about distracted driving after a serious crash involving texting, cellphone use, or another distraction behind the wheel. Levine And Wiss helps injured people pursue damages after preventable accidents caused by inattentive drivers.
Our Long Island personal injury lawyers have recovered hundreds of millions for clients and have served thousands of people. We prepare cases for trial using more than 100 years of combined experience and will go to court when the insurer doesn’t take the claim seriously.
Our firm’s team includes attorneys, investigators, and in-house staff who handle cases from start to finish. Clients can speak directly with our lawyers, text the office, schedule virtual meetings, or arrange hospital and travel visits when needed. Call today to discuss your distracted driving accident during a free consultation.
