*** (STATISTICS ARE TAKEN FROM THE NATIONAL HIGHWAY TRAFFIC SAFETY ADMINISTRATION AND NEW YORK POST)
DDistracted Driving in New York: What to Do After a Texting While Driving Accident
Distracted driving has become one of the most dangerous problems on New York roads. Every day, drivers cause serious accidents because they text, scroll, or look at their phones instead of watching the road.
If a distracted driver injures you or someone you love, New York law holds that driver responsible for the damage they caused. The question is: what should you do next?
This guide explains what steps to take, how the law works, and how to protect yourself after a distracted driving accident.
What to Do Immediately After a Distracted Driving Accident
The actions you take in the hours and days after a crash can strongly affect your case.
1. Get Medical Treatment Right Away
Your health comes first. Always seek medical care, even if your injuries seem minor. Some injuries take days to appear. Medical records also create important proof of your injuries.
2. Get a Copy of the Police Report
The police report often includes:
- The other driver’s name and insurance
- Witness contact information
- Whether the driver received a ticket
This document can play a key role in your case.
3. Contact Witnesses Quickly
It is not enough to say the other driver was distracted. You must prove it.
Witnesses forget details quickly. The sooner you contact them, the better their statements will be. An attorney can also use investigators to locate hard-to-find witnesses.
4. Tell the Prosecutor About Your Injuries
If police ticketed the driver for distracted driving, the driver will likely try to reduce the charge.
You should tell the prosecutor that the crash caused injuries. This can affect whether the prosecutor allows a plea deal. Once the court finalizes a plea, you lose that opportunity.
5. Get Any Court Disposition Records
If the driver pleads guilty to a distracted driving charge, you may be able to use that plea as evidence in your injury case. Make sure you obtain those records.
6. Be Careful When Dealing With Insurance Companies
The other driver’s insurance company may contact you quickly. What you say early on can hurt your claim.
Insurance companies protect their money, not your recovery. Always be cautious.
Why Distracted Driving Is So Dangerous
Everyone knows using a phone while driving is dangerous. Yet people still do it.
They read texts. They scroll social media. They check notifications. They take their eyes off the road for just a few seconds—and lives change forever.
Distracted driving causes:
- Traumatic injuries
- Permanent disabilities
- Fatal accidents
It puts everyone at risk, not just the driver.
Teens Are Especially at Risk
Teen drivers suffer the most from distracted driving:
- Teens are 4 times more likely to crash while using a phone
- 21% of fatal teen crashes involve cell phone distraction
Education saves lives. Ending distracted driving starts with changing behavior.
Free Distracted Driving Guide
If a distracted driver hurt you or someone you love, download our free distracted driving eBook to learn how to protect your rights and your family.
Common Questions About Texting While Driving Accidents in New York
Is Texting While Driving Illegal in New York?
Yes. New York law bans using handheld electronic devices while driving, including:
- Talking on a handheld phone
- Texting, emailing, or browsing
- Viewing or taking photos
- Playing games
Penalties include:
- $50–$200 fine for a first offense
- Up to $450 for repeat offenses
- 5 license points
For junior and probationary drivers:
- First offense: 120-day suspension
- Second offense within six months: at least one-year revocation
How Does a Traffic Case Affect a Personal Injury Case?
If the driver pleads guilty to texting while driving, courts may allow that plea as proof of fault in your injury case.
Some courts still reduce charges for first-time offenders. Others no longer tolerate this behavior.
If you suffer injuries, tell the prosecutor before they offer any plea deal.
Can I Get the Driver’s Cell Phone Records?
Yes—and they can be very powerful evidence.
After a lawsuit starts, your lawyer can:
- Demand text and call logs
- Subpoena the cell phone company
Lawyers also send preservation letters that require the driver to keep their phone data. If the driver deletes evidence, the court may punish them for destroying proof.
Timing matters. Contact a lawyer quickly.
Will Insurance Cover My Injuries?
In most cases, yes. Even though texting while driving is illegal, insurance usually still covers the claim.
The bigger issue is whether the driver has enough insurance.
Serious injuries often exceed policy limits. That is why it is important to:
- Find out how much coverage exists
- Check for umbrella or excess policies
- Notify your own insurer about possible SUM benefits
What Are SUM Benefits?
SUM stands for Supplemental Uninsured/Underinsured Motorist coverage.
If the other driver does not have enough insurance, your own policy may help cover the difference. New York requires this coverage, but minimum limits are often too low.
Who Pays My Medical Bills?
Medical bills usually get paid through:
- New York No-Fault insurance (up to $50,000)
- Your health insurance
- The at-fault driver’s insurance
When Should I Contact a Lawyer?
Sooner than you think.
Decisions you make early can affect your entire case. Insurance companies may pressure you to settle fast. Sometimes that is a mistake.
There is no risk in speaking to a lawyer. If you have questions, reach out today.
FURTHER READING
What do I do if I was hit by someone texting while driving? Common questions and answers.
