Queens Distracted Driving Accident Lawyer

Distracted Driving Accident Lawyers Serving Queens, NY

At 25 miles per hour, the default speed limit on most New York City streets, a driver who looks at a phone for five seconds travels about 180 feet without watching the road. On crowded Queens streets, where drivers share the road with buses, cyclists, delivery vehicles, and pedestrians, those few seconds can change someone’s life. Distracted driving causes rear-end collisions, crashes at intersections, and pedestrians being struck in crosswalks every day.

Sackstein Sackstein & Lee, LLP has represented injured New Yorkers since 1952. From our office in Flushing, we help people hurt by distracted drivers throughout Queens prove what really happened and pursue full compensation, even when the driver denies being on the phone.

Types of Driver Distraction

Distraction falls into three categories, and the most dangerous activities, like texting, involve all three:

• Visual: Taking your eyes off the road, such as reading a text or looking at a GPS screen.
• Manual: Taking your hands off the wheel, such as holding a phone, eating, or reaching for something.
• Cognitive: Taking your mind off driving, such as being absorbed in a phone conversation.

Common Forms of Distracted Driving

• Texting, emailing, and using social media
• Talking on a hand-held phone
• Watching or recording videos
• Programming GPS or navigation apps while moving
• Rideshare and delivery drivers checking app screens and scanners
• Adjusting in-dash touchscreens and entertainment systems
• Eating, drinking, or grooming behind the wheel
• Turning to deal with children or passengers

New York’s Cell Phone and Texting Laws

New York prohibits drivers from holding a phone or other portable electronic device while the vehicle is moving. That includes talking on a hand-held phone, texting, browsing, viewing or taking pictures, and playing games. The only exception is a call to emergency responders about an emergency. A driver who is seen holding a phone in a conspicuous manner is presumed to be using it.

A conviction carries 5 points on the driver’s license and escalating fines, and junior drivers face a license suspension. Commercial drivers face even stricter rules and may not use a hand-held phone even while briefly stopped in traffic.

How We Prove a Driver Was Distracted

Distracted drivers rarely admit it. We work to build proof through:

• Phone records: Carrier records can show calls, texts, and data use at the moment of the crash, and a court can order them produced when they are relevant.
• App and device data: Rideshare, delivery, and navigation apps often log activity and location.
• Video: Traffic cameras, dashcams, and nearby businesses’ security cameras.
• Witnesses: Other drivers, passengers, and pedestrians who saw the driver looking down.
• Police reports and tickets: A ticket or conviction for phone use can be powerful evidence.
• Crash reconstruction: Evidence that the driver never braked or swerved can point to inattention.

What to Do After a Crash With a Distracted Driver

1. Call 911 and get medical care.
2. Note what you saw, such as the driver holding a phone or looking down before the crash.
3. Tell the police if you believe the driver was distracted so it can be noted in the report.
4. Get witness names and phone numbers before people leave.
5. Look for cameras at nearby businesses and intersections, since video is often deleted within days.
6. Talk to a lawyer before speaking with insurers, so evidence like phone records can be requested quickly.

Compensation You May Be Able to Recover

• Medical expenses, including future treatment
• Lost wages and reduced earning ability
• Pain and suffering
• Permanent injury or disability
• Property damage
• Wrongful death damages for families who lost a loved one

Our Queens personal injury lawyers also handle drunk driving accident and pedestrian accident cases.

Frequently Asked Questions About Distracted Driving Accidents

How can I prove the other driver was texting or on their phone?

Proof usually comes from several sources together: phone carrier records showing activity at the time of the crash, app data, video from traffic and business cameras, witness statements, and the police report. Because some of this evidence is deleted or overwritten quickly, it helps to have a lawyer request it as soon as possible.

Can I get the other driver’s phone records?

Often, yes, through the lawsuit process. Courts can order a driver’s phone records to be produced when there is a reasonable basis to believe phone use is relevant to the crash, such as a witness who saw the driver on the phone. The records usually show when calls, texts, and data were used, not the content of messages.

Are hands-free calls legal? Can a driver still be responsible?

Hands-free calls are legal in New York for most drivers. But every driver must pay attention to the road, so a driver who causes a crash because a hands-free call, a voice command, or a touchscreen distracted them can still be found negligent.

The driver got a ticket for using a phone. Does that help my case?

Yes. A ticket, and especially a guilty plea or conviction, for using a phone while driving can be strong evidence that the driver was distracted when the crash happened. Even without a ticket, other evidence can prove distraction.

What if the driver was working for Uber, Lyft, or a delivery app?

Drivers working for apps are often looking at their screens for new requests and directions. If the driver was logged into the app, additional insurance coverage may apply, and the app’s records can help show what the driver was doing at the moment of the crash.

What if a distracted driver hit me while I was walking or biking?

You are entitled to no-fault benefits for your medical bills and some lost wages, and you may have a claim for your other losses. Drivers must yield to pedestrians in crosswalks and watch out for cyclists, and a driver looking at a phone cannot meet that duty.

What if I was partly at fault for the accident?

You may still recover compensation. For motor vehicle injury lawsuits filed on or after May 26, 2026, New York bars recovery only if your share of the fault is greater than the combined fault of the people you are suing. If you were 50% at fault or less, your compensation is reduced by your percentage of fault.

Do I have to meet the “serious injury” threshold?

Generally, yes. To recover for pain and suffering after a car accident in New York, you usually must show a “serious injury” as defined by state law, such as a fracture, significant disfigurement, the permanent loss of use of a body part, or a permanent or significant limitation of a body function or system. For lawsuits filed on or after May 26, 2026, an injury that only kept you from your usual activities for 90 of the first 180 days no longer qualifies on its own.

How long do I have to file a claim?

Most car accident injury claims in New York must be filed within three years of the crash. Wrongful death claims generally must be filed within two years of the date of death, and claims involving a city or other public vehicle require a notice of claim within 90 days.

How much does it cost to hire a distracted driving accident lawyer?

There is no upfront cost. These cases are handled on a contingency fee basis, typically one-third of the recovery, as permitted under New York court rules, and you pay a fee only if we recover compensation for you.

Talk to a Queens Distracted Driving Accident Lawyer

The evidence that proves distraction can disappear quickly. Call our Flushing office at (718) 587-0911 to schedule your free consultation. If your injuries make travel difficult, we can meet you at home or in the hospital by appointment.