New York City Distracted Driving Accident Lawyer
Protecting New York City motorists, pedestrians, and bicyclists struck by distracted or inattentive drivers.
Based on 300+ reviews
Why Hire Our New York City Distracted Driving Accident Lawyer?
Nearly $1 Billion Won
We’ve recovered almost $1 billion for injured clients across documented cases
Largest MVA Recovery
We recovered $69.25M, the largest single motor vehicle accident settlement
Media Recognition
We’ve been featured in national and local outlets including the New York Post, Daily Mail, and CBS New York
No Fee Unless We Win
When a driver glued to their phone crashes into you on a Manhattan avenue or anywhere in NYC, expect them to deny it. Almost no one admits to texting, scrolling, or ignoring the road. Handheld phone use while driving violates New York law, but proving it takes more than your word, and these cases are won on hard evidence.
For 25+ years, founding attorney Arkady Frekhtman and the trial team at Frekhtman & Associates have built that evidence for crash victims across all five boroughs. Our New York City distracted driving accident lawyers pursue cell phone carrier records, vehicle event data recorder (EDR) logs, and surveillance or dashcam footage to prove driver inattention.
If you were hit by a distracted driver, call us today at (866) 288-9529 or request a consultation online to get your case reviewed by an NYC motor vehicle accident lawyer on our team.
What Counts as Distracted Driving in NYC
Distracted driving is any activity that takes a driver’s attention off the road, whether or not it involves a phone. New York’s Governor’s Traffic Safety Committee describes three types of distraction: manual, visual, and cognitive.
| Type of Distraction | Examples | Why It Matters Legally |
|---|---|---|
| Manual | Holding a phone, eating, adjusting a hand-held GPS, reaching for an object | Takes a driver's hands off the wheel, slowing their ability to brake or swerve to avoid a crash |
| Visual | Reading a text, checking a map or app, looking at a passenger, or rubbernecking at something outside the vehicle | Takes a driver's eyes off the road, and even 2 seconds off is enough distance, at city speeds, to miss a stopped car or a pedestrian |
| Cognitive | A hands-free call, an argument with a passenger, daydreaming, or being lost in thought | Divides a driver's attention even when their hands and eyes appear to be on the road, which is why a legal hands-free call can still cause a crash |
Were you injured in an NYC car accident and suspect the driver who hit you was distracted? You do not need to prove it on your own. Contact us for a free case review so our attorneys can step in immediately to secure the technical and digital proof.
I was in a car accident when some guy changed lanes and sideswiped my car. Having never experienced anything like this or ever needed a personal injury lawyer, I didn't know what to do. I found these guys online, and man was it a good choice. They sent an investigator to the scene who met with me, took photos, and got my police report. Answered all my questions, kept in touch with me every step of the way, and got my bills paid. I highly recommend!
How We Prove the Other Driver Was Distracted
A distracted driver will rarely admit it voluntarily, so proving distraction comes down to evidence that the other driver cannot deny. Our attorneys build that case independently, using:
Much of this evidence has a limited shelf life. Cell carriers do not keep detailed records indefinitely, and private surveillance systems often record over footage within days, which is why contacting an attorney quickly matters as much as the evidence itself.
Attorney Arkady Frekhtman has spent 25+ years litigating New York motor vehicle cases, including building distracted driving claims through subpoenaed phone records and black box data, the same evidence-first approach applied to every case our office takes on.
Frekhtman & Associates helped me get my settlement from an injury I got in a car accident. From phone calls to depositions and hearings, I've received nothing short of excellent service. Katie Adaven was amazing in helping prepare all of the paperwork and addressed each and every one of the many concerns I had. I would gladly recommend this firm based on the service and attention I have received.
Watch: What to do After a Distracted Driving Crash
Attorney Arkady Frekhtman walks you through the steps to protect your health, your evidence, and your case. Read our guide on steps to take after a car accident in New York City.
Call us at (866) 288-9529 or request a free consultation. Reaching out does not obligate you to hire us. It gives you a clear picture of your options and what evidence needs to be preserved right away.
Distracted Driving in New York: By the Numbers
#1 Contributing Factor in NY Crashes
Distracted driving is the most common contributing factor in crashes in New York.
Police-reported crashes in 2024 that listed driver distraction as a contributing factor, including 123 fatal crashes.
Distracted driving tickets issued statewide during the April 2026 "Operation Hang Up" enforcement campaign.
Source: New York State Governor's Traffic Safety Committee, 2026
New York's Distracted Driving Laws
Using a handheld phone while driving is illegal in New York. New York was the first state in the country to ban handheld cell phone use behind the wheel, and its distracted driving statutes remain among the strictest in the nation. Two separate laws cover this: one for phone calls, one for texting and data use.
| Statute | What It Prohibits |
|---|---|
| VTL § 1225-c | Holding a mobile phone to make or receive a call while driving. Hands-free calling through Bluetooth or a mounted speaker remains legal. |
| VTL § 1225-d | Using a portable electronic device while the vehicle is in motion, including texting, browsing, GPS entry on a phone, or taking photos. |
Each violation carries a fine of $50 to $200 for a first offense, up to $250 for a second, and up to $450 for a third or later offense within 18 months, plus 5 DMV points.
Who Can Be Held Liable for a Distracted Driving Crash
More than one party can be responsible for a distracted driving crash, whether you were hit in a car or as a pedestrian or bicyclist, and identifying all of them affects how much compensation is actually available to you.
- The distracted driver, for direct negligence under VTL § 1225-c and § 1225-d. A violation of either statute can serve as evidence that the driver breached their duty of care.
- The driver’s employer, under vicarious liability, when an employee was working at the time of the crash, such as a fleet or company delivery driver. Rideshare drivers are usually independent contractors, but rideshare and commercial insurance policies often carry far higher limits than personal coverage. An NYC rideshare accident lawyer can identify which policy applies.
- The vehicle owner, under New York’s permissive-use liability law (VTL § 388), when someone drives another person’s car with permission, such as a family or company car. Federal law generally shields rental and leasing companies, though other coverage may still apply.
New York's No-Fault System and the Serious Injury Threshold
New York is a no-fault state. The system pays early crash costs quickly, but it also limits when you can sue the distracted driver directly. Understanding both halves of this system matters before you assume you do or don’t have a case.
Under New York’s no-fault insurance system, Personal Injury Protection (PIP) pays up to $50,000 in combined basic economic loss, including medical treatment and 80% of lost wages (capped at $2,000 a month), no matter who was at fault. Drivers and passengers claim through the vehicle they were in; pedestrians and cyclists generally claim through the vehicle that hit them. PIP never pays for pain and suffering.
To recover pain and suffering from the distracted driver, your injury must meet the ‘serious injury’ threshold in Insurance Law § 5102(d). For lawsuits filed on or after May 26, 2026, the 90/180-day category for temporary injuries no longer exists, whenever the crash happened. The eight remaining categories, each proven with objective medical evidence, are:
- Death resulting from the accident
- Dismemberment
- Significant disfigurement
- A bone fracture
- Loss of a fetus
- Permanent loss of use of a body organ, member, function, or system
- Permanent consequential limitation of use of a body organ or member
- Significant limitation of use of a body function or system
This change makes documented, objective medical evidence more important than ever. Soft tissue injuries like whiplash, which often relied on the temporary-disability category, now need imaging or other objective findings and consistent treatment showing a significant or permanent limitation, or they risk falling outside the threshold.
What Compensation Can You Recover?
Beyond no-fault benefits, you can claim the losses below from the distracted driver. Of these, only pain and suffering requires clearing the serious injury threshold:
Serious injuries from a distracted driving crash often include traumatic brain injury, spinal cord injury, and whiplash, each of which our attorneys value differently based on permanence and long-term impact. For a detailed discussion of what your specific claim may be worth, see how to estimate the value of your personal injury case.
Proven Results in Motor Vehicle Accident Cases
Motor Vehicle Accident
Motor Vehicle Head Trauma Verdict
Auto Accident Verdict, Brain Injury
Motor Vehicle Accident
View Our Verdicts and Settlements
Prior results do not guarantee a similar outcome. Every case is unique, and the value of any claim depends on its specific facts.
When I was struck in the back on the Staten Island Expressway I was so badly hurt that I needed 3 surgeries. Michael and Arkady made sure I recovered fully from the person who injured me.
Deadline to File — New York's Statute of Limitations
You generally have three years from the crash to file a personal injury lawsuit in New York (CPLR § 214(5)). A wrongful death claim must be filed within two years of the death (EPTL § 5-4.1).
Miss either deadline and the court will almost certainly dismiss your case. Claims against a government-owned vehicle require a Notice of Claim within 90 days. See our full breakdown of the statute of limitations for car accidents in NY for exceptions that may apply.
Frequently Asked Questions
How Much Does It Cost to Hire a Distracted Driving Accident Lawyer?
Hiring a distracted driving accident lawyer costs nothing upfront. Frekhtman & Associates works on contingency, so no fee applies unless we recover compensation for you. We advance case costs such as investigation, subpoenas, and expert fees, which are repaid from any recovery. Your written agreement sets the fee percentage and explains how costs are handled.
Can I Still Recover Compensation If I Was Partially at Fault?
Yes, in most cases. New York’s modified comparative negligence rule (CPLR § 1411(b)) applies to motor vehicle lawsuits filed on or after May 26, 2026, and bars recovery only if your share of fault is greater than the combined fault of the defendants. Otherwise, your award is reduced by your own percentage of fault.
Does a Distracted Driving Ticket Help My Injury Claim?
Yes, a ticket can help, but it does not settle fault on its own. A guilty plea to a VTL § 1225-c or § 1225-d charge is admissible as evidence of negligence, though the driver may explain it. A proven violation is negligence per se, and you must still show it caused the crash.
What If the Distracted Driver Denies Using Their Phone?
Denial does not stop a distracted driving claim. Insurers often lean on a driver’s denial, one of several insurance company tactics used to delay or minimize a payout. Phone records, black box data, and surveillance footage can prove distraction without the driver’s admission, and we move early to preserve that evidence.
How Long Does a Distracted Driving Case Take to Settle in New York?
Distracted driving cases with clear liability and moderate injuries may resolve within 6 to 12 months after medical treatment ends. Cases involving surgery, disputed fault, or active litigation can take 18 months to 3 years or longer. Case complexity, not injury severity alone, drives this timeline.
Talk to Our NYC Distracted Driving Accident Lawyers Today
The Right Representation Near You
While it’s possible to handle a personal injury case on your own, having an experienced attorney by your side significantly increases the likelihood of a favorable outcome. We have our office located all over New York City, so you don’t have to worry about office visits. You can find and visit one of our offices near you.