Texting and Driving Laws in New York

Texting and Driving Laws in New York

Texting while driving is prohibited in New York, and the state has strict laws designed to address and penalize this dangerous behavior. The legislation aims to reduce the number of accidents caused by distracted driving and enhance road safety for all users.

New York Vehicle and Traffic Law (VTL § 1225-c)

New York's primary law addressing texting and driving is outlined in New York Vehicle and Traffic Law (VTL) § 1225-c. This statute prohibits drivers from using electronic devices to send text messages while operating a motor vehicle. Under this law, the use of handheld electronic devices for text-based communications, including sending, reading, or composing text messages, is explicitly banned.

Recent Changes to the Law: Increased Penalties for Violations

Recent changes to New York's texting and driving laws have introduced stricter penalties.

• Stricter Penalties for Young Drivers: New York's recent law changes impose harsher consequences for drivers under 21. A first conviction for texting or talking while driving will now result in a 120-day suspension of their license or driving permit.
• Increased Penalties for Repeat Offenses: If a young driver is convicted of a second offense within six months of having their license or permit reinstated, they face a one-year revocation of their driving privileges.
• Fines for All Drivers Have Risen: The new law affects all drivers, not just the young. The maximum fine for a first texting or talking while driving offense has increased from $150 to $200.
• Escalating Fines for Multiple Offenses: For a second offense, the maximum fine is now $250, and for a third offense, it jumps to $450, significantly higher than previous limits.

Distracted Driving Law (VTL § 1225-d)

In addition to VTL § 1225-c, New York’s Distracted Driving Law (VTL § 1225-d) further addresses the use of handheld electronic devices while driving. This law expands the prohibition to include not only texting but also talking on a handheld phone and using electronic devices for activities other than navigation. Violations of this law are also subject to fines and points on the driver’s license.

Hands-Free Devices and Exceptions

New York's texting and driving laws do not apply to hands-free devices. Using a hands-free device for calls or navigation is permitted under the law for passenger vehicles. Stemming from this, if law enforcement sees a driver holding a phone close to their ear, the assumption under New York law is that the driver is engaged in a phone call, which could lead to penalties. 

Exceptions to the Law

There are certain exceptions to the texting and driving law. Drivers are permitted to use their phones in emergencies when contacting:

• Firefighters or the fire department
• Health clinics, physician’s offices, or hospitals
• Ambulance dispatchers or companies
• Police officers or police departments

Enforcement and Legal Implications

Enforcement of texting and driving laws is a priority for law enforcement agencies in New York. Officers are trained to recognize and address distracted driving behaviors, and penalties are enforced rigorously. In the event of an accident, evidence of texting or other forms of distracted driving can significantly impact liability and insurance claims.

Texting and Driving Laws for Commercial Drivers in New York

In New York, texting and driving laws are particularly strict for commercial motor vehicle (CMV) drivers, reflecting the increased responsibility they have on the road. Here's an overview of the specific regulations and penalties:

• Complete Ban on Handheld Devices: Commercial drivers in New York are prohibited from using handheld mobile phones or other portable electronic devices while driving. This includes texting, making calls, or any other form of electronic communication.
• Prohibited at Traffic Stops: Unlike non-commercial drivers, commercial drivers are not allowed to use their devices even when stopped at a red light or another traffic signal. This strict rule ensures that commercial drivers remain fully focused on the road at all times.
• Hefty Fines and Penalties: Violations of these laws can result in substantial fines. For a first offense, commercial drivers face fines that can range up to $500. Subsequent violations can lead to even higher fines and potential suspension of their commercial driving privileges.
• Impact on Commercial Driving Record: Offenses related to texting and driving can also add points to a commercial driver’s record, which may affect their employment status and lead to increased insurance premiums.
• Exceptions: The law does provide some exceptions for commercial drivers. They are allowed to use their devices in case of emergencies, such as contacting firefighters, the police, an ambulance service, or a hospital.

How NYC Auto Accident Lawyer Michael Lamonsoff "The Bull" Will Prove that the Negligent Motorist was Texting While Driving

When handling a motor vehicle accident case where texting while driving is suspected, New York City car accident attorney Michael Lamonsoff "The Bull" and his team will move fast to collect various types of evidence that can prove the negligent driver was distracted. 

Cell Phone Records

• Detailed Call and Text Logs: By subpoenaing the negligent driver’s cell phone records, Michael Lamonsoff will analyze the time stamps of calls and texts sent or received around the time of the accident. This can provide clear evidence of phone use while driving.
• Data Usage Reports: Cell phone records can also reveal data usage, indicating whether the driver was using apps or browsing the internet, further supporting claims of distracted driving.

Witness Testimonies

• Eyewitness Accounts: Testimonies from other drivers, passengers, or pedestrians who observed the negligent driver using their phone while driving can be crucial. Witnesses might have seen the driver texting or looking down at their phone.
• Passenger Statements: If the negligent driver had passengers in the vehicle, their statements can be valuable in confirming that the driver was distracted by their phone.

Surveillance Footage

• Traffic Cameras: Video footage from nearby traffic cameras or security cameras can capture the driver’s behavior in the moments leading up to the accident. This footage can sometimes show the driver holding or looking at a phone.
• Dashcam Videos: Footage from dashcams, either from the victim’s vehicle or nearby vehicles, may provide direct visual evidence of the driver’s distraction due to phone use.

Accident Scene Investigation

• Skid Marks and Vehicle Positioning: A forensic analysis of the accident scene, including skid marks and vehicle positioning, may indicate that the driver was not paying attention and failed to react in time, supporting claims of distracted driving.
• Police Reports: Statements made by the negligent driver to law enforcement at the scene can be telling, especially if they admit to using their phone or are unsure of what happened due to distraction.

Electronic Evidence from the Vehicle

• Infotainment System Data: Modern vehicles often record data on connected devices and usage of in-car systems. This information can reveal when a phone was paired with the vehicle’s Bluetooth or used for texting.
• Telematics Data: Data from the vehicle’s telematics system, including GPS and speed logs, can show erratic driving patterns that are consistent with distracted driving.

Social Media Activity

• Recent Posts or Messages: By investigating the negligent driver’s social media activity, including posts or messages sent around the time of the accident, Lamonsoff can find evidence that the driver was distracted by their phone.

Expert Testimony

• Accident Reconstruction Experts: These professionals can use the gathered evidence to recreate the accident and demonstrate how the driver’s distraction from texting contributed to the collision.
• Forensic Phone Experts: These experts can analyze the cell phone data to confirm phone usage and its correlation with the accident timeline.

Our New York Auto Accident Lawyers are Determined to Fight for Your Rights

If you have been injured in a car accident in New York, you deserve an attorney who will fight relentlessly for your rights. Michael S. Lamonsoff, Esq., known as "The Bull," is the fierce advocate you need. With a proven track record as one of New York's top auto accident attorneys, Michael S. Lamonsoff and his team at The Law Offices of Michael S. Lamonsoff, PLLC will stop at nothing to secure the maximum compensation you deserve. Put your case in the hands of a fighter—reach out to "The Bull" today. To schedule your free consultation, call us at 212-962-1020 or fill out this online contact form.