Friday, June 14, 2024

New York’s Laws Against Distracted Driving: How Lawyers Handle Cases Involving Cell Phone Use

Car accidents can have disastrous repercussions, leading to bodily harm, psychological suffering, and financial troubles. With the increasing usage of cell phones, the problem of distracted driving has grown in importance in recent years. Because of this, politicians all around the US have enacted stronger laws to stop this risky conduct. To safeguard its inhabitants, New York is at the forefront of this trend and has enacted strict distracted driving legislation. We will examine New York’s rules against texting and driving in this article and how New York City’s auto accident lawyers handle cases involving cell phones.

Recognizing New York’s Distracted Driving Laws

Any activity that takes a driver’s focus away from the principal duty of operating a vehicle is considered distracted driving. The state of New York has actively fought distracted driving, particularly concerning cell phone use. New York became the first state to outlaw handheld mobile phone usage while driving in 2001. The regulations have only gotten stricter since then.

In New York, it is now unlawful for drivers to

  1. Operate a motor vehicle using a handheld mobile phone or portable electronic device.
  2. When driving a commercial motor vehicle, use a hands-free mobile phone or portable electronic device.
  3. Operate a school bus while using any portable electronic device.

Regardless of their age or level of expertise, all drivers must abide by these regulations. Fines, points on one’s driving record, and even suspending one’s driving rights may be incurred for breaking these rules.

How Car Accident Lawyers in NYC Handle Cell Phone Use Cases

After a distracted driving accident, plaintiffs’ efforts to obtain justice and compensation rely heavily on the assistance of car accident attorneys in New York City. The following are the main actions they take to handle these cases:

  1. Investigation and Evidence Gathering: Attorneys conducted a comprehensive investigation of the collision to compile proof showing the motorist was on a mobile phone. This can entail getting hold of phone data, security video, witness accounts, and police reports. It takes a lot of evidence to make a compelling argument.
  2. Proving carelessness: Lawyers must prove carelessness to hold the distracted driver liable. They show that the driver’s negligence in using a mobile phone while driving directly led to the accident and the resulting injuries. This calls for a close review of the available data and, if necessary, professional interpretation.
  3. Comprehending Insurance Coverage: New York City car accident lawyers know insurance plans and coverage restrictions. They work closely with their customers to investigate all insurance choices, including liability coverage, uninsured/underinsured motorist coverage, and personal injury protection (PIP) coverage. Accident victims can gain significantly from maximizing insurance compensation.
  4. Attorneys evaluate the severity of their client’s injuries to establish the proper compensation. This covers costs for ongoing medical care or rehabilitation, lost pay, pain and suffering, emotional anguish, and possible future costs. Expert lawyers use their knowledge to determine damages precisely and fight for just reimbursement.
  5. Settlement and negotiation: Many distracted driving-related auto accident claims are settled and negotiated. To obtain good results for their clients, attorneys expertly bargain with insurance companies and defense counsel. Lawyers are ready to take the issue to trial to guarantee that their client’s rights are upheld if a fair settlement cannot be reached.

The Value of Legal Representation in Cases Involving Distracted Driving

Several factors make it imperative to get legal counsel in matters involving inattentive driving:

  1. Expertise and Experience: Personal injury lawyers specializing in car accidents in New York City thoroughly understand the complex legal issues involved in distracted driving cases. They can successfully traverse complicated legal procedures and fight for the interests of their client’s thanks to their expertise and experience.
  2. Establishing a Solid Case: Lawyers have the resources and investigative know-how to compile solid proof and establish a solid case against the distracted motorist. Their knowledge guarantees no detail is overlooked, improving the likelihood of success.
  3. Legal Advice: For accident victims, dealing with insurance companies, completing paperwork, and comprehending legalese may be difficult. Attorneys give vital advice at every procedure stage, bringing clarity and comfort at a trying time.
  4. Increasing amount: Automobile accident lawyers put great effort into increasing the amount their clients obtain. They have the negotiating abilities required to get reasonable settlements and, if necessary, the litigation expertise essential to make a strong case in court.


New York’s rules against distracted driving are intended to stop this risky practice of using a cell phone while driving. In situations involving inattentive driving, car accident attorneys in NYC are crucial because they have the knowledge and skills to gather evidence, prove fault, and fight for just compensation. Accident victims can get the assistance they need to negotiate the legal complexity and get justice in their personal injury lawsuits by retaining legal representation. Remember, if you or someone you know has been in a distracted driving-related automobile accident, you should speak with a professional car accident lawyer in NYC to defend your rights and pursue the compensation you are entitled to

Patch Sagan
the authorPatch Sagan