Texting & Distracted Driving Laws in New York

New York bans handheld calls under VTL 1225-c and all portable-device use under 1225-d, with fines up to $450 and five license points. Here's what the law costs and how a distracted-driving ticket shapes a New York injury claim.

ThatCarHitMe.com Editorial
May 13, 2026
6 min read

New York was the first state in the country to ban handheld cell phones behind the wheel, back in 2001, and it added a texting ban for every driver in 2009.1 More than twenty years later, distraction is still the most common contributing factor in crashes across the state.2 If a distracted driver hit you, the rules that earned that person a ticket also shape what your injury claim is worth. Here is what New York law says in 2026, and how it applies after a crash.

The scale is real. thatcarhitme.com's own crash tracking logged 6,625 reported crashes in New York City in April 2026 alone, and 6,773 back in January.34 In 2019, roughly one in four police-reported injury and fatal crashes statewide listed driver inattention or distraction as a contributing factor, and across 2015 to 2019 police wrote more than a million cell phone tickets.5 Distraction was a factor in 116 fatal crashes in 2023, according to University at Albany data cited by the Governor's Traffic Safety Committee.2

The two laws that actually apply

New York splits phone use into two statutes, and the difference matters when you read a ticket or a police report. Vehicle and Traffic Law 1225-c covers using a mobile telephone to make or take a call while the car is moving. Holding the phone to, or near, your ear creates a legal presumption that you were on a call, one you can rebut with evidence.6 Vehicle and Traffic Law 1225-d is broader. It bars using any "portable electronic device" while driving, and the statute defines that use to include texting, emailing, browsing the web, taking or viewing images, playing games, and entering data.7 If an officer sees you holding a device in a conspicuous manner while driving, you are presumed to be using it.7

Both are primary offenses, so police can stop you for the phone use alone with no other violation. The exceptions are narrow: a genuine emergency call to 911, or to hospital, fire, or police personnel, plus on-duty emergency responders.67 Hands-free use is allowed for adult drivers, but the phone itself cannot be in your hand.8

Fines, points, and the surcharge

A first offense carries a fine of $50 to $200. A second within 18 months runs up to $250, and a third or later offense in that window up to $450.8 On top of the fine, the court adds a mandatory state surcharge of up to $93.8

The points usually cost more than the fine. A conviction under either statute adds five points to your driving record.8 New York rewrote its point schedule effective February 16, 2026, but the DMV confirmed that the five points for a mobile phone or portable electronic device violation stayed the same.9 Points build up. Reach 11 within 24 months and the DMV can suspend your license.10 Separately, 6 or more points in 18 months triggers a Driver Responsibility Assessment, a fee of $100 a year for three years, so $300 in all, plus $25 a year for each point above six.11 One texting conviction leaves you a single ticket away from that assessment.

Younger and probationary drivers lose the license

Drivers with a junior license or learner permit (Class DJ or MJ) face a license suspension rather than a simple fine. A first cell phone or texting conviction suspends the license or permit for 120 days. A second conviction within six months of getting the license back brings a revocation of at least one year, and the same one-year revocation applies to a probationary license.8

Why the ticket matters to your injury case

New York runs on no-fault insurance. After a crash, your own Personal Injury Protection coverage pays your medical bills and part of your lost wages first, up to $50,000 in basic economic loss per person, no matter who caused the collision.12 No-fault also runs on tight clocks: under Regulation 68 you generally have to give your insurer written notice of the claim within 30 days of the crash and submit medical bills within 45 days.13 To step outside no-fault and sue the at-fault driver for pain and suffering, your injuries have to clear the "serious injury" threshold in Insurance Law 5102(d), which includes a bone fracture, significant disfigurement, permanent limitation of a body organ or member, or a medically determined injury that keeps you from your usual activities for at least 90 of the 180 days after the crash.1214

When you can sue, a distracted-driving conviction is powerful proof of fault. Under New York law, an unexcused violation of a state statute like the Vehicle and Traffic Law is negligence in itself, so a 1225-c or 1225-d conviction helps establish that the other driver breached a duty owed to you. You still have to tie that distraction to your injuries, which is why the police crash report and the citation become central evidence.7

How your own phone use can cut your recovery

New York changed the fault math for car crash cases in 2026. Under CPLR 1411(b), effective May 26, 2026, motor vehicle personal injury claims now run on modified comparative negligence with a 50 percent bar. If your share of the fault is greater than the other driver's, you recover nothing; at 50 percent or less, your damages drop by your percentage.15 So if you were glancing at your own phone when the other driver ran the red light, that conduct can shrink or erase your recovery. Pure comparative negligence still governs wrongful death and property damage claims, where any recovery is reduced but never barred.15

Deadlines and what to file

In most cases you have three years from the date of the crash to file a personal injury lawsuit in New York under CPLR 214(5).16 A crash has to be reported when it causes injury, death, or more than $1,000 in property damage; the responding police agency files the report and the DMV keeps the records.17 If you need your own report or the data behind it, our New York crash reports page covers how to get it. If your car was damaged, our New York diminished value guide explains the resale-value loss that insurers often leave out of a settlement. And if you decide to bring a claim, you can find a New York attorney through our legal directory.

This article is general information, not legal advice.

Sources

  1. New York Governor's Traffic Safety Committee, Ongoing Efforts to Prevent Distracted Driving. https://trafficsafety.ny.gov/ongoing-efforts-prevent-distracted-driving

  2. New York DMV / Governor's Traffic Safety Committee, Statewide Distracted Driving Enforcement and Education Campaign. https://dmv.ny.gov/news/governors-traffic-safety-committee-announces-statewide-distracted-driving-enforcement-and-1

  3. thatcarhitme.com, New York City Crash Report, April 2026. https://thatcarhitme.com/crash-data/new-york/new-york/april-2026-report

  4. thatcarhitme.com, New York City Crash Report, January 2026. https://thatcarhitme.com/crash-data/new-york/new-york/january-2026-report

  5. Institute for Traffic Safety Management and Research (ITSMR), Distracted Driving research and reports. https://www.itsmr.org/research-and-reports/distracted-driving/

  6. New York Vehicle and Traffic Law 1225-c (use of mobile telephones). https://www.nysenate.gov/legislation/laws/VAT/1225-C

  7. New York Vehicle and Traffic Law 1225-d (use of portable electronic devices). https://www.nysenate.gov/legislation/laws/VAT/1225-D

  8. New York DMV, Cell Phone Use and Texting. https://dmv.ny.gov/points-and-penalties/cell-phone-use-and-texting

  9. New York DMV, DMV Reminds New Yorkers of Updated Point Values for Driving Violations (enforceable February 16, 2026). https://dmv.ny.gov/news/dmv-reminds-new-yorkers-of-updated-point-values-for-driving-violations

  10. New York DMV, The New York State Driver Point System. https://dmv.ny.gov/points-and-penalties/the-new-york-state-driver-point-system

  11. New York DMV, Driver Responsibility Assessment (DRA). https://dmv.ny.gov/points-and-penalties/driver-responsibility-assessment-dra

  12. New York Insurance Law 5102 (definitions; basic economic loss and serious injury). https://www.nysenate.gov/legislation/laws/ISC/5102

  13. New York Department of Financial Services, No-Fault Regulation 68 FAQ. https://www.dfs.ny.gov/apps_and_licensing/property_insurers/nofault_faqs_reg68

  14. New York Insurance Law 5104 (cause of action for personal injury). https://www.nysenate.gov/legislation/laws/ISC/5104

  15. New York CPLR 1411 (damages recoverable when contributory negligence or assumption of risk is established). https://www.nysenate.gov/legislation/laws/CVP/1411

  16. New York CPLR 214 (actions to be commenced within three years). https://www.nysenate.gov/legislation/laws/CVP/214

  17. New York DMV, File a Motorist Crash Report. https://dmv.ny.gov/records/file-a-motorist-crash-accident-report

About This Guide

Written by: ThatCarHitMe.com Editorial

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