New Jersey Distracted Driving Accident Lawyers
Reviewed by Mazie Slater’s specialized distracted driving attorney [David A. Mazie – Managing Partner of Mazie Slater Katz & Freeman]
Every day on New Jersey roads, preventable tragedies occur when drivers choose to text, talk on phones, or engage in other distracting activities instead of focusing on the road. These split-second decisions to prioritize convenience over safety destroy lives, leaving victims with catastrophic injuries, overwhelming medical bills, and uncertain futures. At Mazie Slater Katz & Freeman, we believe that distracted drivers must be held fully accountable for the devastation they cause.Our nationally-recognized New Jersey distracted driving accident attorneys have secured over a billion dollars in verdicts and settlements for injured clients, including two of the largest jury verdicts in New Jersey history. When a distracted driver’s negligence changes your life forever, you need legal representation with the proven ability to take on powerful insurance companies and win. We don’t just settle cases—we fight for the maximum compensation you deserve, even if it means going to trial.
Why Choose Mazie Slater for Your Distracted Driving Case
Distracted driving cases require attorneys who understand both the complex technology involved in proving driver negligence and the devastating human impact of these preventable accidents. Our legal team brings unmatched experience and resources to every case. Our New Jersey distracted driving accident lawyers have achieved remarkable success for clients injured by negligent drivers:
- $14.7 million settlement for a man whose foot was run over by a car, causing Complex Regional Pain Syndrome (CRPS)
- $12.75 million settlement for a pedestrian struck by a New Jersey Transit bus
- $6 million settlement for a pedestrian struck by a school bus in a crosswalk
- $5 million settlement for a truck accident for a man rear-ended by a tractor-trailer
- $5 million confidential settlement for the wrongful death of a child killed in a car accident
- $3.9 million confidential award for a woman hit by a car while crossing the street.
- $3.55 million settlement for a family whose child was killed when a distracted driver ran a stop sign
- This case led to the passage of Nikhil’s Law (named after Nikhil who was killed in the accident).
- Learn more about the creation of Nikhil’s Law from the Nikhil Bandlani Foundation and The Safety Pledge to Nikhil from the New Jersey Motor Vehicle Commission.
- $2 million settlement for drunk driving/liquor liability.
Results may vary depending on your particular facts and legal circumstances.
New Jersey Distracted Driving Statistics
Distracted driving has become one of the leading causes of serious accidents across New Jersey.
- The National Center for Statistics and Analysis (NHTSA) reports that distracted driving claimed 3,275 lives in 2023.
- The New Jersey Division of Highway Traffic Safety reported that, on average, 118.2 distracted driving accidents were fatal between 2018 and 2022.
- The New Jersey Motor Vehicle Commission (NJMVC) states 25% of all accidents in New Jersey involve drivers who use a cell phone.
These numbers represent real people—mothers, fathers, children, and community members whose lives are forever changed by someone else’s momentary lapse in judgment.
Common Classifications of Distracted Driving
While texting and driving receives significant attention, distracted driving encompasses any activity that diverts a driver’s attention from the primary task of operating a vehicle safely. The National Highway Traffic Safety Administration identifies three main categories of driver distraction:
- Manual Distraction is when a driver removes their hands from the steering wheel.
- Visual distraction is when a driver stops watching the road to look elsewhere.
- Cognitive distraction is when the driver diverts their attention from driving altogether, such as by texting or checking email.
Texting while driving is particularly dangerous because it involves all three types of distraction simultaneously, making it one of the most hazardous activities a driver can engage in. However, all three of these classifications of distracted driving frequently result in car accidents within the state of New Jersey and around the country.
Common Types of Distracted Driving
Just texting one message takes a driver’s eyes off the road for nearly 5 seconds. That could be compared to driving blindly for 100 yards at 55 mph. It’s also comparable to driving with a blood alcohol content of .08—the legal limit in New Jersey. Cell phone use and texting may be the chief culprits, but there are other common types of distracted driving. These include:
- Adjusting a media device, such as a radio
- Eating
- Drinking
- Watching videos
- Dealing with children, other passengers or pets
- Looking at a GPS system or a map
- Putting on makeup or other types of grooming
New Jersey’s Distracted Driving Laws
New Jersey has enacted strict laws to combat the growing problem of distracted driving. Understanding these laws is crucial for both prevention and legal action after an accident.
Primary Enforcement Law
New Jersey Statute 39:4-97.3 prohibits drivers from using handheld wireless communication devices while operating a motor vehicle. This law makes it illegal to:
- Hold a phone for any reason while driving
- Send, read, or compose text messages
- Access email or internet while driving
- Use social media applications
- Take photos or videos
Penalties for Violations
New Jersey imposes substantial penalties for distracted driving violations:
- First offense: $200-$400 fine
- Second offense: $400-$600 fine
- Third offense: $600-$800 fine plus potential 90-day license suspension
- All violations: 3 points added to driving record
Enhanced Penalties
Drivers under 21 face even stricter restrictions, with a complete ban on any wireless device use while driving. Additionally, drivers who cause accidents while violating distracted driving laws face enhanced penalties and potential criminal charges.
Common Injuries Caused by Distracted Driving Accidents
Distracted driving accidents often result in severe injuries because the at-fault driver fails to brake or take evasive action before impact. The sudden, unexpected nature of these collisions frequently leads to devastating consequences:
- Traumatic Brain Injuries (TBI)
- Spinal Cord Injuries
- Severe Orthopedic Injuries
- Internal Injuries
- Burn Injuries
- Wrongful Death
Types of Compensation Available in Distracted Driving Cases
Our New Jersey distracted driving accident attorneys fight to secure maximum compensation covering all aspects of your losses:
- Economic Damages – Compensation for measurable financial losses such as medical expenses and lost income
- Non-Economic Damages – Compensation for intangible losses such as pain and suffering and relationship impacts.
- Punitive Damages – In cases involving particularly reckless behavior, courts may award punitive damages to punish the distracted driver, deter similar future conduct, and send a message about dangerous driving.
Unlike some states, New Jersey does not cap non-economic damages in personal injury cases, allowing for fair compensation based on the true impact of your injuries.
Distracted Driving Lawyers in NJ
Distracted driving is serious business. At the New Jersey law firm of Mazie Slater Katz & Freeman, we were named to the Best New Jersey Personal Injury Lawyers list by the Best Lawyers in America publication. Our team has extensive experience in handling cases for victims of texting and driving accidents, which were caused by distracted drivers. We will protect the rights of people who were injured in a car accident caused by a distracted driver, whether that person was operating a car, truck, bus or tractor-trailer. Cell phone records tell the story, and we make it our duty to discover any evidence that will prove liability.
If you or a loved one has been in a car accident with a driver who was texting, using their cell phone or otherwise driving while distracted, please contact Mazie Slater Katz & Freeman. One of our experienced texting and driving lawyers will reply as soon as possible to discuss your case.
Frequently Asked Questions about Distracted Driving Cases
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How do you prove a driver was distracted at the time of the accident?
Proving distraction requires thorough investigation and multiple types of evidence. At Mazie Slater Katz & Freeman, we subpoena cell phone records to show the exact timing of calls, texts, or data usage. We also collect surveillance footage, interview witnesses who observed distracted driving behavior, and work with accident reconstruction experts. Additionally, we look for physical evidence such as the lack of skid marks, which can indicate the driver never saw the hazard because they were distracted.
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What if the other driver denies being distracted?
Driver denials are common, but objective evidence often tells the true story. Cell phone records don’t lie, and witness testimony can be very powerful. Even without direct evidence of phone use, we can prove distraction through the driver’s failure to react appropriately to obvious hazards.
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Can I sue if I have no-fault insurance in New Jersey?
Yes, but it depends on your insurance coverage and the severity of your injuries. If you have unlimited right to sue coverage, you can pursue a claim against the distracted driver for all damages. If you have limited right to sue coverage, you can still file a lawsuit if your injuries meet New Jersey’s “serious injury” threshold, which includes fractures, permanent injuries, dismemberment, or significant scarring. Our top car accident attorneys can help determine your coverage.
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How long do I have to file a lawsuit for a distracted driving accident?
New Jersey has a two-year statute of limitations for personal injury claims, which includes car accident cases. This means you must file your lawsuit within two years of the accident date, or you may lose your right to seek compensation forever. There are very limited exceptions to this rule, which is why it’s crucial to contact an experienced distracted driving accident attorney as soon as possible after your accident.
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What if the distracted driver was working when the accident occurred?
If the distracted driver was acting within the scope of their employment, their employer may also be liable for your damages under the legal doctrine of “respondeat superior.” This can be beneficial because employers typically have larger insurance policies than individual drivers. Our car accident lawyers will investigate employment status and work duties to determine if employer liability applies.
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How much is my distracted driving case worth?
Case values depend on numerous factors, including the severity of injuries, impact on your life and career, medical expenses, lost wages, and pain and suffering. Our distracted driving attorneys evaluate each case individually and work with economic experts to calculate fair compensation. We don’t settle for less than the full value of your claim, which is why we’re prepared to go to trial if necessary.
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Will my distracted driving case go to trial?
Most personal injury and car accident cases settle out of court, but our willingness to go to trial gives us significant leverage during negotiations. Insurance companies know we have the experience and resources to win at trial, which motivates them to make fair settlement offers. If they refuse to offer reasonable compensation, we’re fully prepared to present your case to a jury.
