Texting and Driving Laws in New York: What You Need to Know
Drivers have countless distractions vying for their attention every time they hit the road. If you have a cell phone, the temptation to talk, text, or check the latest notification can seem all but impossible to resist. Unlike other kinds of distractions, though, texting occupies your manual, visual, and cognitive faculties at the same time—which makes it especially risky.
Because texting and driving is so dangerous, it’s prohibited in 47 states. The specific laws vary from one state to the next, so it’s wise to familiarize yourself with the statutes that apply in your location.
If you reside in New York, here’s what you need to know about texting and driving:
1. It’s Not Just Texting That’s Prohibited
The state of New York prohibits all motorists from using any kind of handheld electronic device while their vehicle is in motion. Because this is a primary law, drivers can be stopped and ticketed solely for using their phones while behind the wheel.
2. The Fines Can Be Hefty
If you’re convicted of texting and driving, the resulting fine can range from $50 to $450. If it’s your first offense, the fine will be between $50 and $200. If it’s your second offense within 18 months, the maximum fine will be $250. For a third offense within that same period, you will face a fine of up to $450.
3. Repeat Offenders Face a License Suspension
In New York, a single conviction for improper cell phone use will result in five driver violation points. Motorists who accumulate at least 11 points in an 18-month period face a license suspension. Since all the major insurance providers have their own point systems, those who are convicted of texting and driving may also face higher premiums.
How Can I Prove Someone Was Texting While Driving?
Your attorney may use the following evidence to prove the at-fault driver was texting behind the wheel:
- Cell Phone Records: Cell phone records will provide a detailed account of the motorist’s phone use in the moments leading up to the wreck.
- Eyewitness Testimony: If any nearby motorists, passengers, cyclists, or pedestrians saw the liable driver using a cell phone prior to the accident, their testimony could strengthen your claim.
- Video Footage: If any surveillance cameras in the area captured the collision, they may have also captured the at-fault driver using his or her phone prior to the incident.
Call 716-855-3761 to Discuss Your Case with a New York Car Accident Attorney
If you were hurt in a collision with someone who was texting and driving, you may be entitled to compensation for all resulting damages. To discuss your case with a knowledgeable personal injury lawyer and determine the best way to proceed, contact LoTempio P.C. Law Group.
Our seasoned attorneys have more than 200 years of combined experience practicing law, and we are available 24/7 for your convenience. Call 716-855-3761 or use our Online Contact Form to set up a free case evaluation with a car accident lawyer in New York.