May 17, 2025

Distracted Driving Lawyer NYC

Distracted Driving Laws in New York

Distracted driving endangers motorists, passengers, and others on the road. To reduce this danger, New York has enacted strict laws prohibiting the use of hand-held mobile phones and electronic devices while driving. It is illegal to use such devices when a vehicle is in motion or stopped at a traffic light. This includes talking, texting, viewing or taking images, browsing the web or emails, and playing games.

These restrictions apply to all hand-held electronic devices, including cell phones, tablets, laptops, and gaming devices.

Despite these laws, many drivers still engage in distracted behaviors. While mobile devices are a primary concern, other distractions such as eating, grooming, adjusting music, or interacting with passengers can also divert attention and increase crash risks.

Types of Distracted Driving

Distracted driving includes anything that takes a driver’s:

  • Eyes off the road
  • Hands off the wheel
  • Mind off driving

Some distractions fall under multiple categories. For example, texting is especially dangerous because it affects all three.

Common examples include:

  • Talking or texting on a phone
  • Sending photos or videos
  • Browsing social media or the web
  • Using GPS/navigation
  • Adjusting music or radio
  • Eating or drinking
  • Grooming or applying makeup
  • Reading maps or documents
  • Talking to passengers
  • Rubbernecking
  • Daydreaming or being emotionally upset

Legal Options After a Distracted Driving Crash in New York

Under New York law, you may be entitled to compensation if a distracted driver caused your injuries. However, you must meet the state’s “serious injury” threshold to file a lawsuit. Proving this can be challenging, which is why consulting a car accident attorney is essential.

Insurance companies often deny fault or claim other causes for the accident. A knowledgeable attorney can handle every part of your case, including:

  • Filing legal claims
  • Interviewing witnesses
  • Subpoenaing phone records or video footage
  • Negotiating with insurers
  • Proving the driver was distracted

How Experienced Attorneys Can Help

The New York City Distracted Driving Attorneys at Greenstein & Pittari will help you at every turn. We’ll gather the necessary evidence to prove that the driver was distracted.

  • Gather evidence (e.g., surveillance video, phone records)
  • Identify witnesses
  • Challenge claims of shared fault
  • Work with experts to strengthen your case
  • Determine and pursue full compensation

You may be eligible for damages, including:

  • Medical expenses
  • Lost income
  • Reduced earning capacity
  • Pain and suffering
  • Emotional distress
  • Property damage
  • Household help and childcare costs
  • Wrongful death (for family members of fatal accident victims)

Don’t Be a Victim Twice – Call 1-800-VICTIM2 (1-800-842-8462)

Distracted driving cases are often more complex than they appear. Insurance companies may resist paying fair compensation, and proving negligence requires solid evidence. Hiring an experienced New York City Distracted Driving lawyer gives you the advantage needed to recover the damages you deserve.

If you or a loved one was the victim of an accident involving a distracted driver in New York, the New York City Distracted Driving Accident Attorneys at Greenstein & Pittari, LLP can help. Our firm’s motto is “Don’t Be a Victim Twice”.  If you are a victim of an accident involving a distracted driver, call 1-800-VICTIM2 (1-800-842-8462) to schedule a confidential consultation. The call is free. The consultation is free. You don’t pay us unless we are successful.  That’s our “Our Fee Guarantee – No Fee Unless Successful

We provide:

  • Free consultations
  • No fees unless we win (Our Fee Guarantee)
  • Offices in Harlem, Bronx, Brooklyn, Queens, Staten Island, Yonkers, and Nassau County

Let us handle your case so you can focus on healing. We are committed to helping you recover maximum compensation and holding distracted drivers accountable.

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