According to the National Highway Transportation Safety Administration (the NHTSA), four out of five road accidents in the state of New York are caused by driver inattention. In response to this dangerous environment, New York has been rapidly “modernizing” its distracted driving laws by significantly increasing the applicable penalties, especially for novice drivers.
Distracted Driving Restrictions
The state of New York prohibits texting, talking and playing games on hand-held electronic devices while driving. There is an emergency exception – you can call 911 on a cell phone while driving, for example, if you have legitimate cause to do so. More detailed restrictions are in place for commercial drivers, although these restrictions are not substantially more burdensome than the restrictions in place for non-commercial drivers.
Penalties
A first offense will cost you between $50 and $200. A second offense within 18 months will cost you between $50 and $250, and a third offense within 18 months will cost you between $50 and $450. Five points will be added to your DMV driving record, which could be even more problematic since 11 points in 18 months can result in a driver’s license suspension. Probationary or novice drivers will lose their licenses for 120 days for a first offense and for one year or more for a second offense within six months of restoration of their driver’s license after the first offense.
In the Event of an Accident
Distracted driving penalties are a nuisance at worst until you get into an accident while doing it. If it is discovered that you were, say, texting at the time of the accident (which can be confirmed through company records), you could face a serious disadvantage in the event that a personal injury lawsuit is filed, regardless of whether you are the plaintiff or the defendant.
Like many states, New York recognizes the legal principle of “negligence per se”, which presumes the negligence of someone who is involved in an accident while violating a safety statute such as New York’s distracted driving law. If you are the defendant in a personal injury lawsuit, you could end up paying damages if the plaintiff can prove that your distracted driving was a substantial cause of the accident.
If you were injured in an accident and you file a lawsuit against the other driver, even if you prove that the other driver was at fault, the other driver could counter by asserting that you should share fault because of your violation of the law. If the court agrees, it will apply New York’s “pure comparative fault” principle – each driver will pay the other driver’s damages in proportion to the driver’s own percentage of fault. If you are ruled 40 percent at fault for the accident, for example, you will pay 40 percent of the other driver’s damages, and he will pay 60 percent of your damages.
Possible Criminal Penalties
In cases of extreme negligence, you could be charged with a criminal offense. Whether or not your negligence rose to the level of “criminal negligence” (as opposed to the “ordinary negligence” required to support liability in a personal injury lawsuit) is likely to depend largely if not wholly on the circumstances surrounding the accident.
– Updated through September 1, 2016