Texting While Driving in New York: What Victims Need to Know After a Car Accident

Texting and Driving Accidents in New York: Your Legal Rights Explained

Did you know that 1 in 4 car accidents now involves a distracted driver? One of the most common forms of distracted driving is texting behind the wheel. At our law firm, we frequently hear from clients across New York who have been injured by a driver who was texting—and they often have the same important questions.

Here’s a clear, consumer-friendly guide to your legal options and rights if you’ve been hit by a distracted driver in New York State.

Is Texting While Driving Illegal in New York?

Yes. Under New York Vehicle and Traffic Law, it is illegal to:

• Send or receive text messages
  
• Check or send emails
  
• Browse the internet
  
• View or send images while driving

This means that if a driver is caught texting or using their phone inappropriately, they can be ticketed and fined. But more importantly for victims, if the driver pleads guilty or is found guilty of texting while driving, that can be used as evidence of negligence in a civil personal injury lawsuit.

Can I Get the Other Driver’s Cell Phone Records?

In short: Yes—but usually through a lawsuit. Here’s how it works:

1. Once a lawsuit is filed, your attorney can demand phone records from the at-fault driver, including call logs and messages from the time surrounding the accident.
   
2. We can also issue a subpoena to the driver’s cell phone carrier to obtain detailed records.
   
3. To protect your case, we often send a preservation letter right after taking on your case. This letter legally notifies the other driver to save any text messages, call records, or the phone itself. If they delete the information after receiving this notice, we may be able to argue that they destroyed evidence, which can significantly strengthen your case.
   

Does Insurance Still Cover a Driver Who Was Texting?

Yes—in most cases. In New York, every driver is required to carry liability insurance. Even if a driver was texting (which is illegal), their insurance policy will usually still apply. It’s similar to how insurance still covers accidents caused by speeding, another traffic violation.

That said, it’s important to consider:

• How much coverage the driver has on their policy
  
• Whether it’s enough to cover your medical bills, lost wages, and pain and suffering

This is where an experienced personal injury attorney can make a big difference—by identifying all potential sources of compensation, including underinsured motorist coverage from your own policy.

What Should You Do If You Were Hit by a Texting Driver in New York?

If you suspect the driver who hit you was distracted by their phone:

1. Call the police and make sure it’s documented at the scene.
   
2. Take photos of the vehicles and surroundings, if you’re able.
   
3. Get medical attention—even for minor pain. Some injuries show up hours or days later.
   
4. Speak with a personal injury attorney as soon as possible. The earlier you act, the better your chances of preserving critical evidence—like phone records.
   

We’re Here to Help

If you’ve been injured in a car accident caused by a texting driver in New York, we’re here to answer your questions and fight for the compensation you deserve. Whether you’re dealing with mounting medical bills, time off work, or just don’t know where to start—call us today for a free consultation.