Last updated: June 2, 2026 | 10-minute read
New York Distracted Driving Accident Lawyer
Injured by a driver who was texting, on the phone, or not paying attention? New York law holds distracted drivers accountable. Our attorneys have recovered millions for victims across the five boroughs.
Reviewed by Sal Aspromonte, founding partner at Dansker & Aspromonte Associates LLP, 30 Vesey Street, New York, NY 10007. Admitted to practice in New York State. The firm has represented seriously injured New Yorkers for decades and has recovered over $100 million in verdicts and settlements across motor vehicle, construction, and medical malpractice cases.
Important Notice: This page is for general informational purposes only and does not constitute legal advice. Laws vary by jurisdiction and individual case facts. Filing deadlines for personal injury claims in New York are strict and vary by case type and defendant. Contact an attorney promptly to protect your rights.
Quick Summary
- What qualifies: Any crash where the at-fault driver was using a device, eating, grooming, adjusting controls, or otherwise not focused on driving.
- Key law: New York prohibits handheld device use while driving. A violation is strong evidence of negligence in a civil claim.
- Damages available: Medical costs, lost wages, pain and suffering, and other economic and non-economic losses.
- Act now: Evidence disappears fast. Phone records, traffic camera footage, and witness recollections fade. Speaking with an attorney before contacting any insurer protects your options.
Driver inattention and distraction was the number one cause of crashes in New York City in 2023, cited in over 12,000 collisions according to NYPD data. If a distracted driver injured you or killed a family member, New York law gives you the right to pursue compensation for every loss that followed.
What Is Distracted Driving Under New York Law?
New York prohibits handheld device use while driving. The New York State Vehicle and Traffic Law bars drivers from holding or operating a portable electronic device — including cell phones, tablets, and messaging devices — while their vehicle is in motion. This applies on every public road in the five boroughs, statewide. A driver stopped at a red light in Manhattan is still considered to be “in motion” under the statute and is subject to the same prohibition. Hands-free operation via Bluetooth or a mounted device is permitted.
But distracted driving is broader than phone use. Civil liability can attach to any behavior that takes a driver’s attention away from the road. New York courts recognize several categories:
- Visual distraction — looking away from the road (reading a text, checking a map on a phone)
- Manual distraction — taking hands off the wheel (eating, adjusting the radio, reaching for an object)
- Cognitive distraction — mentally disengaged from driving (deeply absorbed in a hands-free call, daydreaming)
- Combined distraction — texting combines all three. At 55 mph, reading a text for five seconds is the equivalent of driving the length of a football field without looking up, according to the National Highway Traffic Safety Administration.
In a personal injury claim, proving distracted driving typically requires gathering phone records, traffic camera footage, witness statements, and data from the vehicle itself. Our attorneys begin this investigation immediately after you contact us — before evidence is lost or overwritten.
How Distracted Driving Liability Is Established in New York
New York distracted driving cases are personal injury claims built on negligence. A driver owes everyone on the road a duty to pay attention. Choosing to look at a phone breaks that duty. The injury your case must prove has four elements:
- Duty — The driver had a legal obligation to operate their vehicle safely.
- Breach — The driver was distracted and failed to meet that obligation. A police citation under the state handheld device statute is strong evidence of breach.
- Causation — The distracted driving directly caused the crash and your injuries.
- Damages — You suffered measurable losses — medical bills, lost income, pain and suffering.
Phone records are critical. Call logs and data records can confirm that the at-fault driver was actively using their device at the moment of impact. Courts can subpoena carrier records with the right procedural steps. This evidence is time-sensitive — carriers retain detailed records for limited periods. The sooner your attorney acts, the stronger this element of your case becomes.
New York follows pure comparative fault. If you were partially at fault — for example, a pedestrian who stepped off the curb without looking — your damages are reduced in proportion to your share of fault, but you are not barred from recovering. Even a victim found 30% at fault may recover 70% of their total damages.
Our attorneys have handled hundreds of motor vehicle cases in New York courts. We know how to preserve and present this evidence before it disappears. Learn more about how we handle New York car accident claims, including the investigation and litigation process.
Common Injuries in NYC Distracted Driving Crashes
Distracted drivers often fail to brake before impact. Full-speed collisions cause severe and sometimes permanent injuries. The injuries we see most frequently in these cases include:
Head and Brain Injuries
Traumatic brain injury (TBI), skull fractures, concussions, and cognitive impairment. These injuries can affect memory, executive function, and daily living for years or permanently. See our New York brain injury page for more.
Spinal Cord and Back Injuries
Herniated discs, vertebral fractures, and partial or complete spinal cord injury. Paralysis cases require lifelong care planning. Our spinal cord injury attorneys handle these cases throughout New York.
Fractures and Orthopedic Injuries
Broken bones in the arms, legs, hips, ribs, and pelvis. Multiple surgeries, physical therapy, and extended work absences are common.
Soft Tissue and Nerve Injuries
Whiplash, torn ligaments, and nerve damage. These injuries are not always visible on early imaging but can cause chronic pain and functional limitations.
Wrongful Death
When a distracted driver causes a fatal crash, surviving family members may have a wrongful death claim. Our attorneys have recovered multi-million-dollar verdicts on behalf of families who lost loved ones.
Past results do not guarantee future outcomes. Every case depends on its individual facts.
Damages You Can Recover in a New York Distracted Driving Case
New York personal injury law allows seriously injured victims to pursue two categories of damages from the at-fault driver and their insurer. In most motor vehicle claims, you must first satisfy New York’s serious injury threshold before suing for non-economic losses — your attorney will evaluate whether your injuries qualify.
Past results do not guarantee future outcomes. Every case depends on its individual facts.
Results Our Attorneys Have Recovered for Accident Victims
The following results represent a selection of verdicts and settlements obtained by Dansker & Aspromonte Associates LLP. Each case turned on specific facts, injuries, and circumstances that may differ from yours. Past results do not guarantee future outcomes.
$31 Million
Police officer injured as passenger in vehicle struck in the Bronx; suffered traumatic brain damage, permanent nerve damage to neck, back, and knees
$10.3 Million
Theater intern struck by truck door at 42nd Street and Ninth Avenue; diagnosed with permanent, progressive traumatic epilepsy
$7.8 Million
Accountant struck by a speeding police scooter in Battery Park; suffered multiple skull fractures, permanent vertigo, and lost executive function
$6.25 Million
Bicycle delivery worker struck by speeding rental van; multiple fractures to neck, back, arm, and leg, plus mild brain damage
$4.3 Million
Pedestrian struck by a car on Ocean Parkway in Brooklyn; suffered brain damage and multiple fractures; became comatose
How a Distracted Driving Case Moves Through the Legal System
Every case is different, but most distracted driving claims in New York follow this sequence. Your attorney will walk you through what applies to your specific situation.
| Phase | Key Actions | What You’ll Experience |
|---|---|---|
| Investigation | Preserve phone records, traffic camera footage, police report, witness statements, and medical records. Request carrier data. Photograph the scene and vehicles. | You focus on medical treatment. We handle all contact with insurance companies. You do not speak with the opposing insurer without us. |
| Filing Lawsuit | Summons and complaint filed in the appropriate New York court. Defendants served and must respond. Deadlines are strict and vary by defendant type. | We handle all court filings and procedural steps. You receive copies and are kept informed of all significant developments. |
| Discovery | Depositions, document exchanges, expert evaluations. Both sides present evidence. Medical experts testify about injury severity and future care needs. | You will be deposed and must answer questions truthfully. We prepare you thoroughly in advance. Expert witnesses support your claim. |
| Settlement or Trial | Most cases resolve in settlement negotiations. If an adequate offer is not made, we present your case to a jury in the appropriate NYC Supreme Court. | We present every settlement offer to you with our recommendation. The decision to accept or go to trial is always yours. |
How Dansker & Aspromonte Works With You
- Free Consultation: We review your case, explain your rights, and assess the strength of your claim. No upfront fees.
- Investigation: We gather evidence, including surveillance footage, incident reports, maintenance logs, witness statements, and medical records.
- Discovery: We file a lawsuit and conduct depositions, document exchanges, and expert evaluations.
- Negotiation: We negotiate aggressively with insurance companies and defense attorneys to seek maximum compensation.
- Trial (if necessary): If settlement offers are inadequate, we present your case to a jury in the appropriate NYC Supreme Court.
When to Contact a Distracted Driving Accident Attorney
Contact an attorney as soon as possible if any of the following apply to your situation:
- You were injured — even if you think the injuries are minor
- You were told by witnesses or police that the driver was on their phone
- You received a serious injury diagnosis: fracture, concussion, spinal injury, or worse
- The at-fault driver’s insurer has already contacted you seeking a statement
- A family member was killed or left with permanent disability
- You are unsure whether you have a valid claim
Do not accept a settlement from any insurer before speaking with an attorney. Early offers rarely reflect the full value of your claim. Filing deadlines in New York vary by case type and the identity of the defendant — some are far shorter than others. Act quickly.
What Our Clients Say
“Sal Aspromonte and Ray made me feel at ease from day one. They worked tirelessly to secure a large settlement — far higher than I ever expected. I did not have an easy case, but they worked their magic.”
— P.M.
“I highly recommend Sal Aspromonte. He is extremely knowledgeable and personable. His staff is very thorough and compassionate. They kept me informed throughout the process.”
— A.S.
“I was extremely pleased with the outcome of my case. They provide the personal experience of a boutique firm while delivering the legal expertise and results of a larger firm.”
— D.P.
Frequently Asked Questions
What should I do after a distracted driving accident in New York City?
Call 911 and get medical attention immediately, even if you feel fine. Document the scene with photos if you are able to do so safely. Get the other driver’s information, insurance details, and any witness contacts. Do not give a recorded statement to any insurance company before consulting an attorney. Contact a New York distracted driving accident lawyer as soon as possible to preserve evidence and protect your claim.
How do you prove a driver was distracted at the time of an accident?
Cell phone records — including call logs, text timestamps, and data activity records — are often the strongest proof. Attorneys can subpoena carrier records through the litigation process. Traffic and business security camera footage, witness statements, vehicle event data recorders, and police reports citing distracted driving all contribute. An experienced attorney moves quickly to preserve these records before they are lost or overwritten.
How long do I have to file a distracted driving accident lawsuit in New York?
New York imposes strict filing deadlines that vary significantly depending on who caused the accident and the type of claim you are filing. Deadlines for claims against government entities can be much shorter than those for private defendants. Missing a deadline may permanently bar your claim. Contact an attorney promptly — do not wait to determine whether your injuries are serious enough to pursue.
Can I sue a distracted driver if I was a passenger?
Yes. Passengers injured in motor vehicle crashes in New York may bring personal injury claims against the at-fault driver regardless of whether that driver was the one you were riding with or another vehicle’s driver. In some cases, claims may exist against multiple parties. Your attorney will identify all potentially liable defendants during the investigation phase.
What compensation is available to distracted driving accident victims in NYC?
Injured victims may pursue economic damages — including medical expenses, lost wages, and future care costs — as well as non-economic damages for pain and suffering, disability, and diminished quality of life. If the injuries meet New York’s serious injury threshold, there is no cap on non-economic damages. Each case is evaluated individually. A free consultation will give you a clearer picture of what may be recoverable in your situation.
Is using a GPS app while driving considered distracted driving in New York?
It depends on how the device is being used. New York law permits hands-free use of a GPS or navigation app when the device is mounted to the dashboard or windshield and operated without holding it. Holding a phone to check or interact with a GPS app while driving is prohibited under New York’s handheld device statute. In a civil case, any behavior that diverts the driver’s attention from the road — including improper GPS use — can support a negligence claim.
What if the distracted driver’s insurance company offers me a quick settlement?
Do not accept it without consulting an attorney first. Early settlement offers are typically designed to resolve your claim before the full extent of your injuries is known — and before an attorney can assess the actual value of your case. Once you accept a settlement and sign a release, you generally cannot go back for more. A lawyer will review any offer and advise you on whether it reflects what your claim is actually worth.
Can I recover damages if I was also partially at fault for the accident?
Yes. New York follows a pure comparative negligence rule. Even if you were partially at fault — for instance, you were speeding or failed to yield — your compensation is reduced by your percentage of fault, but you are not barred from recovering. A victim found 20% at fault can still recover 80% of their total damages. Your attorney will work to minimize any fault attributed to you during the investigation and litigation process.
Free Consultation — No Fee Unless We Win
Talk to a New York Distracted Driving Accident Lawyer Today
Evidence disappears fast. Phone records have limited retention windows. Call us immediately after a crash — before you speak with any insurance company. There is no fee unless we recover for you.
Dansker & Aspromonte Associates LLP | 30 Vesey Street, 16th Floor, New York, NY 10007
Sources
- National Highway Traffic Safety Administration (NHTSA). “Distracted Driving 2023.” NHTSA Crash Stats Research Note. Accessed June 2026. https://crashstats.nhtsa.dot.gov/Api/Public/ViewPublication/813703 — Official federal data: 3,275 people killed nationally in distraction-affected crashes in 2023; 222,396 estimated distraction-affected injury crashes.
- National Highway Traffic Safety Administration (NHTSA). “Distracted Driving Dangers and Statistics.” Accessed June 2026. https://www.nhtsa.gov/risky-driving/distracted-driving — Source of the 5-second/football field statistic for texting at 55 mph.
- New York Police Department / NYC Open Data. Motor Vehicle Collision Data, contributing factor: “Driver Inattention/Distraction.” 2023 Annual Data. Accessed via NYC Open Data. https://data.cityofnewyork.us/Public-Safety/Motor-Vehicle-Collisions-Crashes/h9gi-nx95 — Driver inattention/distraction cited in over 12,000 crashes in NYC in 2023; ranked as the top contributing factor.
- New York State Senate. “Vehicle and Traffic Law §1225-d — Use of Portable Electronic Devices.” Accessed June 2026. https://www.nysenate.gov/legislation/laws/VAT/1225-D — Official statutory text prohibiting handheld device use while driving in New York State.
This page was prepared for general informational purposes only. It does not constitute legal advice. No attorney-client relationship is formed by reading this content. Consult a qualified attorney about your specific situation. Dansker & Aspromonte Associates LLP, 30 Vesey Street, 16th Floor, New York, NY 10007. Phone: 212-732-2929.