There are many types of distractions which can occur while operating any type of motor vehicle. or something as benign as observing the weather or scenery, The consequences of these distractions can be catastrophic. The National Highway Transportation and Safety Bureau recently released a report that indicated distracted driving caused 3,450 fatalities in 2016.
To combat the potentially dangerous and deadly consequences associated with distracted driving, New York has banned devices that cause the most significant distractions while driving.
New York prohibits all drivers from using portable electronic devices (PED), defined as “. . . any hand-held mobile telephone, as defined by subdivision one of section twelve hundred twenty-five-c of this article, personal digital assistant (PDA), handheld device with mobile data access, laptop computer, pager, broadband personal communication device, two-way messaging device, electronic game, or portable computing device.” Illegal conduct includes holding a portable electronic device and either:
- Talking on a handheld mobile telephone;
- Composing, sending, reading, accessing, browsing, transmitting, saving, or retrieving electronic data such as e-mail, text messages, or webpages;
- Viewing, taking, or transmitting images; and
- Playing games.
The law presumes that if a phone is up to a driver’s ear, he or she is handling a PED and is potentially in violation of the Law. New York drivers must refrain from using these devices when driving. Placing a cell phone or other PED out of view or reach is a wise course of action. It may save a life.
At Bonina and Bonina, P.C., we have been successfully fighting for New Yorkers injured in car, truck, motorcycle, pedestrian, and cycling accidents for over 50 years. Our experienced trial attorneys offer the necessary assistance to help you obtain compensation for your injuries. If you have been injured in an accident involving a distracted driver, contact us today at 1-888-MedLaw1 (888-633-5291) or online. The consultation is free!