Piscataway Distracted Driving Accident Lawyers

Key Takeaways

New Jersey bans hand-held phone use while driving, even at red lights.
Permit and probationary drivers cannot use hands-free devices either.
Proof of distraction strengthens a claim but is not always required.
Phone records and vehicle data can disappear quickly after a crash.

Distraction remains one of the leading causes of crashes in the state. Records indicate that 48% of drivers involved in New Jersey car accidents in 2023 were engaged in distracted behavior. Those crashes resulted in 160 deaths and more than 1,400 serious injuries. At Mikita & Roccanova, LLC, we can investigate the accident that injured you and work to put you in a position where you are eligible for compensation.

Distracted Driving Cases We Handle in Piscataway

Piscataway sees heavy traffic from Interstate 287, Stelton Road, Centennial Avenue, and the Rutgers University campuses. Commuters, students, and delivery drivers share these roads every day, and a few seconds of inattention can cause a serious collision. Our attorneys represent people hurt in:

Rear-end collisions at busy intersections and traffic lights
Lane-drift and sideswipe crashes on I-287
Pedestrian and bicycle accidents near campus crosswalks
Truck and delivery van accidents caused by drivers checking dispatch apps
Rideshare accidents involving drivers distracted by navigation or ride requests
Fatal crashes that lead to wrongful death claims

Knowing what the other driver was doing in the moments before impact can strengthen your case, especially when determining liability is a close call.

Types of Distracted Driving

Safety officials generally group distractions into three categories:

Visual: anything that takes a driver’s eyes off the road
Manual: anything that takes a driver’s hands off the wheel
Cognitive: anything that takes a driver’s mind off driving

Texting is especially dangerous because it involves all three distractions at once. At 55 mph, a driver who looks at a phone for five seconds travels about the length of a football field without watching the road. Then, it can also take them several seconds after that to reorient themselves to the roadway.

Cognitive distraction is the hardest to spot. A driver can keep both hands on the wheel and both eyes forward and still miss a stopped car during a tense hands-free call.

Phones are not the only problem. Drivers also cause crashes while eating, programming GPS, reaching for objects, grooming, watching videos, or turning to talk with passengers. In-dash touch screens have added another source of distraction, since basic tasks such as changing the temperature may now require several taps.

What Counts as Distracted Driving Under New Jersey Law?

New Jersey bans drivers from talking or texting on a hand-held wireless device under N.J.S.A. 39:4-97.3. The ban generally applies even when a car is stopped at a red light or in traffic.

Adult drivers with a full license may use a hands-free device, such as Bluetooth or a voice-command system, as long as the device does not interfere with required safety equipment and the driver uses a high degree of caution. Limited exceptions allow hand-held use in emergencies, such as reporting a fire, a crash, or a medical emergency, but the driver must keep one hand on the wheel.

Some drivers face stricter rules. Drivers with a permit or probationary license under New Jersey’s graduated driver license program cannot use any wireless device, hand-held or hands-free. School bus drivers are also barred from using cellphones except in emergencies.

Penalties for a hand-held violation include:

A fine of $200 to $400 for a first offense
A fine of $400 to $600 for a second offense
A fine of $600 to $800 for a third or later offense, plus a possible 90-day license suspension and three motor vehicle points

Distraction that does not involve a phone can still lead to a careless driving charge under N.J.S.A. 39:4-97. In the most serious cases, Kulesh, Kubert and Bolis’s Law allows prosecutors to argue that a driver who knowingly used a hand-held phone and caused a death or serious personal injury acted recklessly, which can support vehicular homicide or assault by auto charges.

Why Distracted Driving Accident Injuries Are So Serious

A distracted driver often fails to brake or swerve before impact. The vehicle may strike at full speed, and the people in the other vehicle have no warning and no time to brace. That combination tends to produce severe injuries, including:

Traumatic brain injuries and concussions
Herniated discs and other back and neck injuries
Spinal cord damage
Broken bones
Internal bleeding and organ damage

Pedestrians and cyclists face even greater risk because they have no protection at all. Many victims need surgery, months of physical therapy, and extended time away from work, and some never return to their previous jobs.

How to Prove a Driver Was Distracted and Whether Proof Is Required

Proof of distraction is not always required. An injured person must show that the other driver acted carelessly and that this carelessness caused the crash. When a driver runs a red light or rear-ends a stopped car, negligence may be clear without knowing exactly why it happened.

Even so, evidence of distraction makes a claim much stronger. It helps answer defense arguments that the crash was unavoidable and can increase the value of a settlement. Useful evidence includes:

Cellphone records showing calls, texts, or data use at the time of the crash
Police reports and any citation for hand-held phone use
Statements from witnesses who saw the driver looking down
Traffic camera, surveillance, and dashcam footage
Event data recorder information showing a lack of braking

Phone records usually require a subpoena or court order, which a lawyer can obtain during litigation. In limited situations, someone who texts a person they know is driving may also share responsibility. The New Jersey Appellate Division recognized this possibility in its 2013 decision in Kubert v. Best.

Insurance companies rarely admit that their driver was on a phone. An attorney can send a preservation letter early, asking the driver and any employer to keep phone data, vehicle data, and video before it is deleted.

Compensation for Piscataway Distracted Driving Victims

Victims of distracted driving crashes in New Jersey may recover:

Current and future medical expenses
Lost wages and reduced earning capacity
Vehicle repair or replacement costs
Pain and suffering
Emotional distress and loss of enjoyment of life

Under New Jersey’s no-fault system, a person’s own personal injury protection coverage pays medical bills first, regardless of fault. Drivers who chose the limitation-on-lawsuit option must show a qualifying injury, such as a permanent injury, to recover damages for pain and suffering. Families who lose a loved one may pursue a wrongful death claim.

Timing matters. Most New Jersey personal injury claims must be filed within two years of the crash, and phone and video evidence can disappear long before that deadline.

Frequently Asked Questions

Is a police citation needed to file a claim?

No. A citation helps, but other evidence can still prove negligence.

What if the distracted driver had no insurance?

Uninsured motorist coverage may pay for the losses.

Can an injured passenger file a claim?

Yes. A passenger may pursue any driver whose distraction caused the crash.

Piscataway Distracted Driving Accident Lawyer at Mikita & Roccanova, LLC, Will Help You Recover

If you have been injured in any motor vehicle crash, especially one where the other driver was not fully engaged, speak to the Piscataway distracted driving accident lawyers at Mikita & Roccanova, LLC. Our trusted legal team will fight to secure full compensation. Visit our website or call us today at 732-705-3363 to schedule a free consultation. We have offices in Piscataway and Hazlet, NJ, and we serve clients in New Jersey and Pennsylvania.