Not always. Some forms of distracted driving are illegal in New York. NY Veh & Traf L §§ 1225(c) and 1225(d) make it illegal both to talk on the phone while holding the phone to your ear and to use a portable electronic device while driving, both forms of distracted driving. However, not all forms of distracted driving are technically illegal. Nevertheless, just because something isn’t illegal, it doesn’t mean one can’t be held legally responsible for doing that thing. Distracted driving is negligent driving, and one can be held liable when their distracted driving causes another to be injured.