Every parent warns their child about crossing the street and instructs them to always look both ways before moving. But in the age of cell phones, looking both ways may not be enough. Drivers and pedestrians who are using the busy streets of New York City must be extra vigilant because of the growing issue of drivers whose minds are elsewhere when navigating the road.
New York policymakers recognize this issue and responded by passing a new law to combat the problem. (NYS VAT Title 7, Article 33, Section 1225-c). The statute increases penalties for those caught driving while distracted. It is hoped that the measure will incentive safer drivers, ultimately preventing accidents and injuries.
Distracted Driving Laws in New York
The new law defines in broad terms what constitutes illegal activity with mobile devices while operating a motor vehicle. This includes:
talking on a handheld mobile phone,
composing, sending, reading, accessing, browsing, transmitting, saving, or retrieving electronic data such as e-mail, text messages,
web pages viewing,
taking, or transmitting images, or playing games.
There are exceptions to this rule codified as when the driver uses a hands-free mobile telephone. This allows the user to communicate without the use of either hand in variety of circumstances, including:
using a handheld electronic device that is affixed to a vehicle surface,
when using a GPS device that is attached to the vehicle,
when the purpose of the phone call is to communicate an emergency to a police, or fire department, a hospital or physician's office, or an ambulance corps.
when operating an authorized emergency vehicle in the performance of official duties.
Texting and driving in New York is a particularly serious problem. According to public reports, from 2012 to 2013 there was an 82% increase in texting or distracted driving related citations and tickets. This is a reminder that, despite a step in the right direction, laws alone cannot change human nature. There will always be people who will continue to text and drive.
Pedestrian Accidents & Distracted Driving in New York
It is essential that New Yorkers face this threat head-on to minimize the risk. Pedestrians are encouraged to act carefully when traveling. Some tips for avoiding an accident or putting yourself in danger include:
Avoid texting and walking
Thoroughly scan the street before crossing
Only cross at the crosswalk
Wait for the light to change to allow you to walk but then scan the street anyway
Maintain a proper lookout for any threats to your well-being.
NYC Car Accidents & Distraction
Distracted driving affects both pedestrians as well as other drivers. In fact, recognizing the problem, the Governor of New York even went so far as push for “texting zones” on area roadways, so that travelers will actually stop before jumping on their phones.
Car accidents are inevitable when drivers have their eyes focused down on their phones rather than looking at the road. This means that even if you follow the rules of the road carefully, you remain at risk from other travelers. To lower the risk, always maintain a defensive driving style because people who are texting or distracted will often drift into other lanes and come to abrupt stops.
Hurt by a Distracted Driver? Get Legal Help
If you have sustained an injury as the result of a driver’s negligent conduct, you may have grounds to file legal action.
