Distracted Driving Laws & New York Car Accidents
Car accidents often occur when a driver gets distracted and stops paying close attention to the road. This can prevent them from responding promptly when needed to avoid a crash. Distractions can take many forms, such as eating, drinking, grooming, or adjusting the GPS or the car radio. However, one of the main forms of distraction involves the use of cell phones and similar electronic devices in vehicles. Recognizing the risks that this behavior poses, the New York legislature has passed two laws to address it specifically. One of these relates to cell phone calls, while the other relates to activities like texting, emailing, or surfing the internet.
Cell Phone Calls Under New York Traffic Law
Section 1225-c of the New York Vehicle and Traffic Law generally prohibits a driver from using a cell phone to engage in a call while the vehicle is in motion. (More nuanced rules apply to commercial drivers.) A driver who holds a cell phone to their ear, or in the immediate proximity of their ear, while the vehicle is in motion is presumed to be engaging in a call. However, the driver can rebut this presumption if they can produce evidence showing that they were not engaged in a call at the time.
A first violation of Section 1225-c is a traffic infraction that carries a fine of $50 to $200, although a driver will not face jail time. Fines may increase for subsequent offenses, but an 18-month lookback period applies. This means that a subsequent offense committed more than 18 months after the first offense will be treated as a first offense for the purposes of penalties. A driver also will get five points on their license.
Texting, Emailing, and Internet Browsing Under New York Traffic Law
Section 1225-d of the Vehicle and Traffic Law applies to portable electronic devices more generally. These include not only the hand-held phones described by Section 1225-c but also personal digital assistants, laptop computers, pagers, electronic games, portable computing devices, and various other electronic devices. The statute generally prohibits a driver from using a portable electronic device while the vehicle is in motion. It defines “using” as holding the device while performing various tasks, such as viewing, taking, or transmitting images, playing games, or doing certain things for the purpose of present or future communication. These include accessing the internet, as well as composing, sending, reading, viewing, transmitting, saving, or retrieving emails, text messages, or instant messages.
A person is presumed to be using a portable electronic device if they hold it in a conspicuous manner while operating a vehicle. However, the driver can rebut this presumption with evidence showing that they were not using the device as defined by the statute.
Using a Violation to Prove Liability for a New York Car Accident
In addition to the penalties imposed under Section 1225-c or 1225-d, a driver who violates one of these statutes likely will be liable to a victim of a resulting crash. New York courts view a violation of the Vehicle and Traffic Law as “negligence per se.”
The doctrine of negligence per se provides a shortcut in establishing the elements of a negligence claim. In an ordinary negligence claim, a victim will need to show that the defendant owed them a duty of care, breached the duty, and caused their injuries and damages as a result. Negligence per se substitutes for the elements of duty and breach. If they can show that the defendant violated the Vehicle and Traffic Law, a victim only needs to prove that the violation caused their injuries. This may make it easier for a victim to prove the driver’s liability.
