Distracted driving often sounds like a harmless mistake—glancing at a text, changing a playlist or biting into a sandwich. But those tiny lapses can have devastating consequences. In 2023 alone, 3,275 people lost their lives in crashes that involved a distracted driver. In a borough as busy and compact as Brooklyn, even a single unfocused moment can ripple through packed intersections and crowded crosswalks, turning an everyday commute into a tragedy.
If you’ve been involved in an accident caused by a distracted driver, a Brooklyn distracted driving accident lawyer can help. They will guide you through the legal process, ensuring your rights are protected and that you pursue the full compensation you deserve for your injuries and damages.
What Is Distracted Driving?
Distracted driving occurs when a driver’s attention is diverted from the road, making it more difficult to focus on operating the vehicle safely. Several behaviors can qualify as distractions, each involving different types of focus. These distractions can be broken down into four main categories.
Visual Distractions
Visual distractions are when a driver takes their eyes off the road to look at something else. This could be anything from checking a text message or reading a sign to glancing at a passing car or looking at a passenger.
When a driver diverts their gaze from the road, they miss cues like changes in traffic lights, pedestrians crossing or sudden stops in traffic. A driver traveling at 30 miles per hour covers about 44 feet per second, so even a brief glance at a phone can have serious consequences.
Manual Distractions
Manual distractions involve taking hands off the wheel to do something other than driving. This can include eating, drinking, adjusting the radio or holding a phone. When a driver removes their hands from the wheel, they are unable to respond to sudden changes in traffic or road conditions, which increases the risk of an accident.
Auditory Distractions
Auditory distractions are sounds that draw a driver’s attention away from driving. This could include loud music, a ringing phone, conversations with passengers or even a car’s built-in notification systems. When the driver is distracted by noises or sounds, they may miss sirens, honking horns or car alarms that could warn them of a potential hazard.
Cognitive Distractions
Cognitive distractions happen when the driver’s mind is not focused on driving. This can happen when a driver is mentally preoccupied with work, family issues, or daydreaming. Even if the driver’s eyes are on the road and hands are on the wheel, their inability to concentrate fully on driving can delay reactions to sudden changes or dangers, putting everyone on the road at risk.
Why Is Distracted Driving So Dangerous in Brooklyn?
Brooklyn packs roughly 2.6 million residents into just 69.4 square miles—about 38,000 people per square mile—making Kings County the second‑most densely populated county in the United States after Manhattan. Dense residential blocks share curb space with delivery vans, buses, cyclists and thousands of pedestrians. A brief lapse that might cause a shoulder tap in rural New York can trigger a multi‑vehicle pile‑up or a deadly pedestrian strike on Atlantic Avenue.
What Distracted Driving Laws Does New York Have?
In New York, distracted driving is taken very seriously, with strict laws designed to reduce accidents caused by drivers taking their attention away from the road. The state has several regulations regarding the use of electronic devices while driving. Here’s a closer look at the key laws related to distracted driving in Brooklyn, NY:
- Drivers may not hold a phone or other electronic device while driving.
- Illegal actions include talking, texting, e‑mailing, browsing, taking photos or playing games—even at a red light.
- Hands‑free calls are allowed if you initiate them with a single tap or voice command.
Penalties for Distracted Driving in Brooklyn
New York’s distracted driving laws come with serious consequences. Drivers caught using their cell phones or engaging in other distractions can face:
- Fines: For a first offense, a driver can face a fine ranging from $50 to $200. For a second offense (within 18 months), the fine can increase to $50 to $250. For a third offense, the fine can go up to $450.
- Points on the Driver’s License: Drivers convicted of distracted driving offenses will accumulate five points on their license. If a driver accumulates 11 or more points within 18 months, their license may be suspended.
- Insurance Penalties: Drivers ticketed for distracted driving may face higher insurance premiums as a result of the violation being added to their driving record.
- Surcharge: In addition to the fines, a surcharge of $93 will be added to the total amount due for each ticket.
Special Considerations for Junior Drivers
New York has even stricter laws for drivers under the age of 18. A first distracted driving offense can lead to a 120-day license suspension, and a second offense can result in a one-year license revocation. These strict penalties are designed to discourage young drivers from engaging in dangerous behaviors like texting or talking on the phone while driving.
At Cellino Law, our Brooklyn accident lawyers stay up-to-date on the latest distracted driving laws, so we can easily spot when a driver is at fault for breaking them. With this knowledge, we can build a strong case showing negligence, helping you seek the compensation you are entitled to.
What Is the Difference Between Reckless Driving and Distracted Driving?
While both reckless driving and distracted driving in Brooklyn involve behavior that endangers others on the road, the key difference lies in the intent and awareness behind the actions.
Distracted Driving
Distracted driving happens when a driver’s attention is taken away from the road, often unintentionally. This can include texting, eating or using a GPS. The driver may not mean to cause harm, but their inattention increases the risk of accidents.
Reckless Driving
Reckless driving is a deliberate act in which the driver shows a willful disregard for safety, such as speeding excessively, tailgating or running red lights. This type of driving is intentional and more dangerous, often leading to criminal charges.
What Are the Most Common Distracted Driving Accident Injuries?
Because distraction often delays braking, collisions occur at higher speeds or involve pedestrians, cyclists or other unprotected people on the road. Typical distracted driving accident injuries include:
- Whiplash and other neck sprains
- Concussions and traumatic brain injuries
- Spinal‑cord damage or herniated discs
- Complex fractures and crush injuries
- Internal bleeding and organ trauma
- Severe lacerations and facial injuries, especially to cyclists or pedestrians
If you’ve suffered any of these injuries due to a distracted driving accident in Brooklyn, it’s important to consult with an experienced lawyer who can help you understand your legal options.
What Kind of Compensation Can You Expect After a Distracted Driving Accident?
Every case is unique, but successful distracted‑driving claims typically include:
- Medical Expenses: Emergency care, surgery, rehabilitation, prescriptions
- Projected Future Treatment: For long‑term conditions like chronic pain or brain injury
- Lost wages and Diminished Earning Capacity: When injuries sideline or shorten a career
- Property Damage: Vehicle repairs or replacement of personal items destroyed in the crash
- Non‑Economic Damages: Pain, suffering, emotional distress, loss of enjoyment
- Wrongful‑Death Damages: Funeral costs and loss of financial support when a loved one is killed
New York’s no‑fault system covers basic medical bills up to $50,000, but serious‑injury thresholds allow victims to step outside that limit and sue the at‑fault driver for the full value of their losses.
Contact Our Brooklyn Distracted Driving Accident Lawyers
For 65 years, Cellino Law has helped New York families rebuild after life-altering crashes caused by someone else’s negligence. Our attorneys understand how a single distracted moment can upend your health, finances and future. We combine compassionate client service with aggressive legal strategies designed to secure you full and fair compensation.
We offer a free case review with no obligation, and you pay nothing unless we reach a settlement on your behalf. If a distracted driver injured you or someone you love in Brooklyn, contact us today. Let us handle the legal fight while you focus on healing.