New York City Distracted Driving Laws

Cell phone use for conversation and texting has been known to be the cause of tragic and often fatal collisions on American roadways.  Cities and states across the nation are becoming quite serious about passing laws that enable law enforcement officers to ticket distracted drivers who become hazards to themselves and others.

In thirty states and the District of Columbia text messaging has been banned by law for all drivers.  Twelve of these laws were enacted in 2010 alone.

• 52% of teens admit to cell phone use for conversation while driving.
• 48% of teens say they have ridden in a car while the driver text messaged.
• 34% of teens admit to texting while driving.
• Text messaging while driving is three times more likely to be the main contributing factor in accidents than driving under the influence.
• Drivers who text while operating their vehicles are twenty-three times more likely to be involved in a car crash.

Primary law prohibits all types of drivers from using handheld cell phones while driving.  When primary laws are in effect, officers can ticket the driver for the offense without any other traffic offense occurring. 

Secondary law prohibits cell phone usage or text messaging for all types of drivers, but the term secondary law means officers can only ticket drivers if they have been first pulled over for another driving violation.

Eight states, the District of Columbia, and the Virgin Islands prohibit all operators of motor vehicles from using handheld cell phones while driving at all.

In the state of New York, and New York City in particular, the state legislature has passed primary laws banning both handheld cell phone usage for conversation and for text messaging.

Recently the primary law banning cell phone use for conversation and for texting has been strengthened by the New York State Legislature.  By strengthening the primary law, legislators and other officials such as J. David Sampson, executive deputy Department of Motor Vehicles (DMV) commissioner, are hoping to increase drivers’ safety on New York highways.

J. David Sampson has been quoted as saying, “By strengthening the current law, our hope is that motorists will become even more aware of the potential consequences of their actions if they use a cell phone while driving,”

Under the old law no points were given for cell phone use while driving.  As is well known, penalty points against one’s driver’s license may lead to a suspension of the license once eleven points are given during a period of eighteen months.  Higher insurance premiums may also be the result of the accumulation of points.  Since 2001, talking on a cell phone without the use of a Bluetooth or other hands-free accessory has been illegal; New York was the first state in the nation to adopt such a law.

In the past the violation of the law could result in being ticketed and fined.  Now with the added enforcement and punishment of accumulating points for each offense, the Department of Motor Vehicles (DMV) hopes to see fewer distracted driving accidents and injuries. 

In the state of New York, distracted driving as a result of cell phone use accounts for one out of every five crashes across the state.  Also, numerous deaths have occurred due to talking and/or texting while driving.  A spokesman for AAA said that he feels the giving of points against licenses will strengthen the primary law against cell phone use and cause drivers in the state of New York to take the law more seriously and therefore obey the law more strictly.

In western New York’s Finger Lakes region near Rochester, five Fairport High School varsity cheerleaders died in a fiery, head-on accident in which their SUV collided with a tractor trailer truck.  The teen driver of the SUV was distracted while sending a text message.  Ontario County sheriff Phillip Povero stated that cell phone use could have been the primary contributing factor in this horrific tragedy.  According to cell phone records, Bailey Goodman, the driver of the SUV, had sent a text message at 10:05:52.  A reply was also recorded, and 38 seconds later the accident was reported with a phone call to 911 by another motorist who observed the crash.

Text messaging may be the most dangerous distraction for drivers because it requires more attention devoted to the typing and reading of messages than to proper steering, braking, and maneuvering.

Drivers need to use the same mental processes to text that they should be devoting to careful driving and observance of other drivers.

Texting could be more dangerous still for young drivers who are inexperienced, who have never been involved in an accident before, and who are not aware of just how suddenly problems on the highway can arise and need to be dealt with.  In an AAA survey, forty-six percent of teens admitted that they had text messaged while driving.

At the law firm of David Resnick & Associates, PC, we serve accident victims in the metropolitan New York area and beyond.

If you or a loved one has been involved in an accident with a distracted driver, contact the Manhattan car accident lawyers of David Resnick & Associates, PC.

Call us at (212) 279-2000 or contact us by simply filling out our online contact form.

These Hubs are provided for informational purposes only and should not be considered legal advice. Professional legal counsel should be sought for specific advice relevant to your circumstances.