New York legislature passed a watered down bill on texting. Basically one can’t be stopped and ticketed for it unless there is another reason for a stop, such as speeding, reckless lane change, etc. Look at the story/video in the New York Times which discusses the law in England, where texting drivers can be jailed in extreme circumstances, such as causing death of others on the road. Texting by car and truck drivers causes thousands of wrecks and needless deaths annually.

Rear End Crash Denied Summary Judgment
In Borowski v. Ptak, (4th Dept. June 2013), a 3-2 decision, the Fourth Department upheld the lower Court’s denial of a summary judgement motion for defendant.
This rear-end crash was a little different than most cases. In this case the Plaintiff was the party that rear-ended the defendant.