Commitment | Dedication
${site.data.firmName}${SEMFirmNameAlt} New York’s Personal Injury Attorneys
Free Case Evaluation
IN NYC 212-257-3731 Toll Free 866-502-9091
We are here to help you explore your options. What type of injury do you have?
Case Type

What Constitutes Distracted Driving In New York?

Distracted driving is a broad term that is used to describe any type of activity that has the potential to take away a driver's attention from his or her primary duty, which is to safely operate his or her vehicle. Distracted driving is considered any activity that could force drivers to divert their eyes from the road or take away from their mental concentration while they are driving.

While some acts of distracted driving, such as putting on make-up or attempting to shave while driving are clearly a form of distracted driving, there are other types of distractions that are illegal in New York that may not seem quite as obvious. As an example, the state of New York prohibits drivers from talking on handheld mobile devices unless they use hands-free technology, such as a BlueTooth or speak on their phone through the audio system in their vehicle. This same law also covers more obvious actions of distraction that involve mobile devices and makes it illegal to text, view images, play games or even save or retrieve electronic data.

Since these activities are not only distracting but also illegal, individuals who are observed participating in this type of distracted driving could find themselves not only receiving a traffic ticket, but could find themselves liable for accidents or injuries that occur due to the distraction. In example - if it is found during an investigation that an individual was texting near or when an accident occurred, they could be found guilty of negligence or recklessness.

Individuals who are facing charges or lawsuits due to distracted driving may find it beneficial to understand their rights to ensure that they are legally protected.

Source: SafeNY, "Distracted Driving, Talking & Texting" accessed Mar. 24, 2015

Past President NYSTLA
Big Apple | Pothole & Sidewalk Protection Committee
Trial Lawyers Care
Super Lawyers
Take Justice Back | www.takejusticeback.com
Life Member | Million Dollar Advocates Forum | Multi-Million Dollar Advocates Forum | The Top Trial Lawyers in America
American Association for Justice Leaders Forum | Benefactor 2017
American Association for Justice | Sustaining Member
Avvo Rating | 10.0 Superb | Top Attorney Medical Malpractice
Past President NYSTLA
Big Apple | Pothole & Sidewalk Protection Committee
Trial Lawyers Care
Super Lawyers
Take Justice Back | www.takejusticeback.com
Life Member | Million Dollar Advocates Forum | Multi-Million Dollar Advocates Forum | The Top Trial Lawyers in America
American Association for Justice Leaders Forum | Patron 2015
American Association for Justice | Sustaining Member 2015
Avvo Rating | 10.0 Superb | Top Attorney Medical Malpractice

Office Location

Tolmage, Peskin, Harris, Falick
20 Vesey Street
New York, NY 10007

Toll Free: 877-298-3201
Phone: 212-964-1390
Fax: 212-608-4959
New York Law Office Map