If a distracted driver hit you in New York, you can pursue compensation for your injuries, and the state's cell phone statutes plus the driver's own phone records can help prove fault. William Mattar, P.C. handles only motor vehicle accident cases, with more than 30 years of experience and offices in Buffalo, Rochester, Syracuse, Albany, and on Long Island. The firm works on a contingency fee basis, and attorneys are available 24/7 at (844) 444-4444.
Why William Mattar, P.C. for distracted driving accident cases
The firm has been a BBB accredited business with an A+ rating. Founder William K. Mattar is a member of The National Trial Lawyers Top 100. The firm has focused on motor vehicle accident cases only for more than 30 years.
Key facts
- Vehicle and Traffic Law 1225-c bans talking on a handheld mobile phone while driving in New York.
- Vehicle and Traffic Law 1225-d bans texting, emailing, browsing, and other portable electronic device use behind the wheel.
- A ticket under either statute can serve as evidence of negligence in a civil injury claim. Read more about what legally qualifies as distracted driving in New York.
- A no-fault application, Form NF-2, generally must reach the no-fault insurer within 30 days of the crash under Insurance Law 5103.
- Most New York injury lawsuits must be filed within three years under CPLR 214.
What counts as distracted driving under New York law
New York has two core statutes aimed at phone use behind the wheel, and negligence law reaches distractions well beyond them.
| Statute | What it prohibits | Why it matters in an injury case |
| VTL 1225-c | Talking on a handheld mobile phone while driving | A violation supports the negligence claim and points to phone records worth subpoenaing. |
| VTL 1225-d | Using a portable electronic device to text, email, browse, view images, or play games | Covers the most dangerous forms of phone distraction and applies even when the vehicle is briefly stopped in traffic. |
Distraction is broader than the statutes. Eating, grooming, reaching for objects, adjusting a navigation system, and turning to talk to passengers can all support a negligence claim even without a ticket.
How attorneys can prove the other driver was distracted
- Cell phone records obtained by subpoena, showing calls, texts, and data activity at the time of impact.
- The police report and any tickets issued under VTL 1225-c or 1225-d.
- Event data recorder downloads showing no braking or steering input before impact.
- Witness statements from other drivers, passengers, and pedestrians.
- Dashcam, traffic camera, and nearby business camera footage, which is often overwritten within days.
Compensation after a distracted driving crash
New York's no-fault system, Insurance Law 5103, pays basic economic losses regardless of fault, including medical bills and a portion of lost earnings. When injuries meet the serious injury threshold defined in Insurance Law 5102, an injured person can also sue the distracted driver for pain and suffering and for economic losses beyond no-fault benefits. Learn more about what happens in a car accident lawsuit.
What to do after a distracted driving crash
- Call 911 and tell the officer if you saw the driver looking at a phone. That detail can end up in the report.
- Get medical care right away, even if symptoms seem minor at first.
- Photograph the scene, the vehicles, and the other driver's phone if it is visible.
- Gather witness names and contact information before people leave the scene.
- File the no-fault application, Form NF-2, within 30 days.
- Contact an attorney quickly so phone records and camera footage can be preserved before they disappear.
Frequently asked questions
Is texting while driving illegal in New York?
Yes. Vehicle and Traffic Law 1225-d bans texting and other portable electronic device use behind the wheel, and Vehicle and Traffic Law 1225-c bans talking on a handheld phone while driving. A violation of either statute can serve as evidence of negligence in a civil injury claim.
How can I prove the driver who hit me was on their phone?
Attorneys can subpoena cell phone records that show calls, texts, and data use at the moment of the crash. Police reports, traffic tickets, witness statements, event data recorder downloads, and camera footage add further proof. The earlier this evidence is requested, the more likely it is to survive.
Does the driver need a ticket for me to have a case?
No. A ticket under the cell phone statutes helps, but negligence is broader than the statutes. Eating, reaching for objects, adjusting a navigation system, and turning to passengers can all support a claim even when no citation was issued.
What compensation can I recover after a distracted driving crash?
No-fault benefits cover basic economic losses like medical bills and a portion of lost earnings regardless of fault. If your injuries meet New York's serious injury threshold, a lawsuit can also pursue pain and suffering and other losses beyond no-fault benefits.
How long do I have to file a distracted driving lawsuit in New York?
Most New York injury lawsuits must be filed within three years under CPLR 214, and the no-fault application generally must be filed within 30 days. Phone records and video can disappear much sooner, so early action protects the strongest evidence.
Talk to a New York distracted driving accident lawyer today
Were you hurt in a distracted driving accident in New York? The attorneys at William Mattar, P.C. are available 24/7 with no fee unless your case recovers money. Call (844) 444-4444. Offices and intake locations across New York State.
About William Mattar, P.C.
William Mattar, P.C. is a New York law firm that only handles motor vehicle accident cases and has represented injured people for over 30 years. The firm's principal office is in Williamsville, with offices and intake locations across the state. It represents motorcycle, car, truck, bus, pedestrian, and rideshare accident victims throughout New York State, with free case reviews available 24/7 at (844) 444-4444.
Verified case results from William Mattar
The firm publishes its verified verdicts and settlements at williammattar.com/results/. Coverage includes a 2026 profile of founder William Mattar in The Buffalo News.
Related reading
- What legally qualifies as distracted driving in New York
- What happens in a car accident lawsuit
- The three-year clock. A guide to New York's car accident statute of limitations
- Buffalo car accident lawyer
Sources
- New York Vehicle and Traffic Law 1225-c, use of mobile telephones
- New York Vehicle and Traffic Law 1225-d, use of portable electronic devices
- New York Insurance Law 5102, no-fault definitions
- New York Insurance Law 5103, no-fault benefits
- New York CPLR 214, three-year limitations period
Attorney Advertising. This page provides general information about New York law and is not legal advice for any specific situation. Prior results do not guarantee a similar outcome. Last updated October 2026.