Cell phone use while driving in New York is illegal. However, certain exceptions to this rule allow drivers to use their cell phones in limited circumstances.
Unfortunately, many people misinterpret these exceptions and end up causing accidents due to distracted driving.
At William Mattar Law Offices, we aim to educate the public on these laws and provide critical information needed to help you confidently pursue a personal injury claim with the help of a distracted driving accident lawyer from our team.
What Are the Cell Phone Laws While Driving in New York?
Under New York state law, operating a motor vehicle while using a handheld electronic device is illegal. This includes:
- cell phones
- smartphones
- tablets
- portable electronic devices
Drivers are prohibited from using these devices while operating a motor vehicle and drivers may be presumed to be using the phone if it is close to their ear, regardless of whether they are actively using it.
This law applies to all drivers, including those with a learner's permit and those driving out-of-state registered vehicles. It also applies to commercial truck drivers.
Fines for violating the law range from $50 for a first offense to $450 and five points on the driver's license for multiple offenses.
Are There Exceptions to New York's Cell Phone Laws While Driving?
Yes, a few exceptions to the law allow drivers to use their cell phones while driving in New York.
However, these exceptions should not be taken lightly; drivers must still exercise caution and responsible judgment when using their devices behind the wheel.
One exception allows for hands-free phone calls using Bluetooth or other wireless devices.
Another exception applies when calling 911 or another emergency service provider such as police, fire department, or ambulance services.
Just because someone may have the right to use their phone doesn't excuse negligent driving behavior.
If you are unsure whether your accident injuries resulted from legal phone use while driving, contact a personal injury attorney immediately.
What Accidents Occur When Drivers Use Their Phone While Operating A Vehicle?
Using a cell phone while operating a vehicle can lead to a variety of catastrophic car accidents, including but not limited to:
- Rear-end collisions: Often occur when distracted drivers do not pay attention to the road ahead and fail to brake in time.
- Head-on collisions: These occur when a driver is texting or making a phone call and drifts into oncoming traffic.
- T-bone accidents: These are commonly caused by drivers using their phones while making turns or crossing intersections without fully checking for other vehicles.
- Side-swipe accidents: These can occur when a driver is not fully focused on the road and fails to stay in their designated lane, leading to collisions with other vehicles.
- Rollover accidents: These can happen when a driver tries to adjust or hold their phone while driving, resulting in loss of control of the vehicle.
- Backing accidents: Often caused by drivers who are using their phone while attempting to reverse or park, resulting in collisions with other cars or objects.
- Underride collisions: This can occur when a truck driver is not paying attention and fails to properly check their blind spot while changing lanes or merging, resulting in smaller vehicles sliding underneath larger vehicles.
In all of these accidents, the distracted driver violated their duty of care to operate their vehicle safely and caused harm or injury to others.
If you have been involved in a car accident due to another driver's cell phone use, protect your rights and seek legal advice from an experienced car accident lawyer in New York.
What Injuries Can You Get From Cell Phone Use While Driving?
Common injuries associated with these types of crashes include:
- Whiplash: Caused by sudden movements of the neck and head, resulting in muscle strain or sprain.
- Concussions: A type of traumatic brain injury that can occur when the head is forcefully jolted or shaken.
- Broken bones: Occurs from the impact of a collision or if limbs are pinned underneath objects during rollover accidents.
- Cuts and bruises: Occurs from broken glass, loose objects, or impact with other vehicles or structures.
- Spinal cord injuries: These injuries often result in paralysis, loss of sensation and function in limbs, and other long-term disabilities.
- Internal organ damage: This can occur from blunt force trauma or impact during a car accident.
These injuries can require extensive medical treatment, rehabilitation, and time away from work. In severe cases, they can also lead to permanent disability or even death.
How Much Is a Distracted Driving Accident Case Worth?
There is no set standard for how much a distracted driving accident case is worth.
The value will depend on various factors such as:
- The severity of injuries
- The impact of injuries on daily life
- The level of negligence on the part of the at-fault driver
- The availability of evidence to prove negligence
Depending on how these factors play a role in your accident case, you could recover economic and non-economic damages for:
- Medical expenses (past, current, and future)
- Lost wages and earning potential
- Pain and suffering
- Loss of enjoyment of life
- Emotional distress
- Property damage
For the most accurate assessment of your case's value, schedule a free consultation with an experienced distracted driving accident attorney in New York.
What Should I Do If I Am in an Accident With Someone Who Was Using Their Phone While Driving?
Getting into a distracted driving accident is a stressful and overwhelming experience.
Still, you must remember to take certain steps to protect your right to fair compensation for injuries. Some things to consider include:
- Call 911: If you or anyone involved in the accident is injured, immediately call for emergency medical assistance.
- Collect information: If possible, try to obtain contact and insurance information with any parties involved or witnesses to the accident.
- Document the scene: If safe, take photos of the accident scene, including any visible injuries, road conditions, and vehicle damage.
- Seek medical attention: Even if you do not initially feel injured, it is essential to seek medical attention as soon as possible to document any injuries and begin treatment if necessary.
- Contact a New York car accident lawyer: The strict filing process and time limits for personal injury lawsuits in New York make it crucial to contact a lawyer immediately after an accident.
- Do not speak to insurance companies: It is best to refrain from giving any statements or signing documents without first consulting with your lawyer.
- Avoid posting on social media: Do not discuss the accident or your injuries on social media, as this information can be used against you during the negotiation process.
Following these steps ensures your health and well-being and lays the groundwork for a strong personal injury case.
How Can a Car Accident Attorney Help With My Distracted Driving Case?
It may seem like an open-and-shut case if the other driver used their cell phone while driving.
However, proving negligence and obtaining maximum compensation for injuries or losses is not always straightforward.
This is where an experienced car accident attorney can help by:
- Investigating the accident: An attorney can gather evidence such as witness statements, police reports, and medical records to build a strong case.
- Communicating with insurance companies: Your lawyer can handle all communication with insurance companies to ensure your rights are protected.
- Negotiating for fair compensation: An experienced attorney can negotiate with insurance companies to obtain the maximum compensation you deserve.
- Representing you in court: If the at-fault party or their insurance company is unwilling to settle, a lawyer can represent you to fight for your deserved compensation.
Who Pays for Damages in a Distracted Driving Accident?
New York is a no-fault state. The no-fault insurance company will be for certain limited first-party benefits, including lost wages and medical expenses. In order to
This highlights the importance of contacting a personal injury lawyer as soon as possible to avoid being overwhelmed by the serious financial burdens of a car accident.
If your Personal Injury Protection insurance isn't enough to cover the extent of the damages, the next source of compensation will be the at-fault driver's insurance company.In any of these scenarios, having professional legal support working to combat insurance company tactics and maximize your total compensation amount is essential.
Cell Phone Use While Driving in New York FAQs
Should I report a car accident to my insurance company if it wasn't my fault?
You should report any car accident to your insurance company, regardless of who was at fault. Failure to do so may result in complications or delays in receiving compensation. While a claim can be made against the at-fault motorist and their insurance company, your own insurance company can also serve as a source of compensation. However, be cautious about giving detailed statements without consulting your lawyer first.
I am from out of state. Do I still have to follow New York's cell phone driving laws?
Yes, all drivers are required to follow the laws of the state in which they are driving. This includes New York's cell phone driving laws. You should always familiarize yourself with the laws of any state you may travel through to ensure safety and avoid potential legal consequences.
Can I still receive compensation if I was also using my cell phone at the time of the accident?
New York has a complicated set of laws regarding comparative negligence. It is best to speak with a car accident lawyer who can help determine the potential impact of cell phone use on your case.
Injured By Someone Using Their Cell Phone While Driving in New York?
Despite New York's strict laws and penalties for distracted driving, accidents caused by cell phone use still occur far too frequently.
If you were injured by someone using their cell phone while driving, do not hesitate to contact the experienced car accident attorneys at William Mattar Law Office.
Get a free consultation now to discuss your case and learn how we can help you on your road to recovery.