Distracted Driving Accidents in New Jersey

You likely come into contact with distracted drivers every time you drive, walk or bike in New Jersey – even if you don’t realize it. If a distracted or inattentive driver crashes into you, you could suffer significant injuries.

At the Law Offices of Jeffrey S. Hasson, P.C., our New Jersey car accident attorneys are dedicated to pursuing justice and fair financial compensation for injured clients. Find out how we can help you with a distracted driving accident case during a free consultation.

Why Choose Us?

Our personal injury attorneys in New Jersey are trusted by clients when results matter most. We are not afraid to take car accident cases to trial, when necessary.
Your distracted driving accident attorney will care about you and your future. Our team provides compassionate and personalized legal representation to each and every client.
We have recovered millions of dollars in settlements and judgment awards for our clients, including many successful motor vehicle accident cases.
You won’t pay us a dime in attorney’s fees unless we win your distracted driving accident case. Our law firm accepts clients on a contingency fee basis, with $0 owed upfront.

How a New Jersey Distracted Driving Accident Attorney Can Help

If you’ve been involved in an accident caused by a distracted driver, an attorney can provide critical assistance throughout the legal process. Your attorney will help you understand your legal options and protect your rights as a car accident victim. Your lawyer will investigate the distracted driving accident and search for evidence against the at-fault driver, such as cell phone records, to prove your case.

You can count on your attorney to take over communications with a car insurance company on your behalf. A lawyer knows how to negotiate for a fair and full settlement. A law firm will have connections to car accident experts and resources that can help strengthen your case. While your lawyer works hard to establish fault and get the results that you deserve for your car accident claim, you can focus on healing.

About Distracted Driving

Distracted driving refers to the act of operating a motor vehicle while engaged in other activities that divert the driver’s attention away from the driving task. Distracted driving creates a dangerous state of inattention that can lead to the driver missing the signs of a hazard or changing roadway situation. This can result in a traffic accident.

Data collected by the National Highway Traffic Safety Administration shows that 3,308 people lost their lives in distracted driving accidents in 2022. Data for New Jersey for 2021 indicates 697 traffic accident deaths – many of which were caused by the dangerous practice of driving while distracted. From 2017 to 2021, over 55 percent of all motor vehicle accidents in New Jersey were the result of distracted driving, speeding or impaired driving.

What Are the Most Common Types of Driver Distractions in New Jersey?

Driver distractions are classified into three categories: visual, manual and cognitive distractions. Visual distractions take a driver’s eyes off of the road, while manual distractions remove a driver’s hands from the steering wheel and cognitive distractions take a driver’s thoughts away from the driving task.

Common examples of driver distractions in New Jersey include:

Talking or texting on a cell phone
Taking photographs and videos
Eating and drinking
Talking to vehicle passengers
Children or pets in the car
Personal grooming
Changing a radio station
Looking at a map or GPS device
Rubbernecking a car accident
Daydreaming or thinking about other things

Cell phone use is the number one driver distraction involved in automobile accidents. Texting and driving is so dangerous because it fulfills all three types of distraction. For this reason, New Jersey has passed cell phone laws that prohibit the use of a handheld electronic device while driving. Unfortunately, many drivers violate this law.

Is New Jersey a Fault or No-Fault State?

New Jersey is a no-fault car insurance state. Under this insurance system, parties that get involved in car accidents must seek financial coverage from their own insurance companies, regardless of fault. This law can prevent an injured accident victim from bringing a claim against a distracted driver, in some circumstances.

However, drivers in New Jersey have the option of purchasing a “Standard” instead of a “Basic” car insurance policy, which will come with limited or unlimited right-to-sue coverage. A Standard policy can give an injured car accident victim the right to hold a distracted driver accountable for a crash.

If you have the right to file a claim against a distracted driver, you or your car accident attorney must prove your case using clear and convincing evidence. Evidence may include the driver’s cell phone records, eyewitness statements, testimony from experts, a police accident report and accident reconstruction.

What Is the Statute of Limitations on a Car Accident Claim in New Jersey?

If you get injured by a distracted driver in New Jersey, the state has a law known as the statute of limitations that places a strict time limit of two years on your right to pursue a related personal injury claim. In general, if you wait too long and miss your statute of limitations, the courts will not allow your personal injury case to proceed. New Jersey Statutes § 2A:14-2(a) states:

Except as otherwise provided by law, every action at law for an injury to the person caused by the wrongful act, neglect or default of any person within this State shall be commenced within two years next after the cause of any such action shall have accrued.

Certain circumstances can result in a longer or shorter statute of limitations. For example, if a distracted driver was on duty as a government employee at the time of the crash, special rules for this type of claim give the victim only 90 days to file. You should always consult with an attorney as soon as possible after a New Jersey distracted driving accident to avoid missing your deadline.

Contact Us for a Free Case Review in New Jersey

You have already been through enough as the victim of an accident with a distracted driver in New Jersey. Instead of taking on the recovery process alone, contact the Law Offices of Jeffrey S. Hasson, P.C. for legal assistance.

We will help you protect your rights and best interests during a car insurance claim or personal injury lawsuit. We are passionate about holding distracted drivers accountable for their actions. Contact us today for a free consultation by calling (201) 928-0300. We are available 24/7.