New Jersey’s Strict Cell Phone Laws and Your Accident Claim

Holding a distracted driver accountable requires both a deep understanding of the law and a strategic approach to gathering evidence. A traffic citation alone won’t guarantee a fair settlement—you need strong proof linking the driver’s actions to your injuries.

Insurance companies often dispute the connection between illegal phone use and the crash, forcing you to show that the driver’s distraction directly caused your losses. 

A New Jersey car accident lawyer can build a targeted strategy to turn that ticket from a simple citation into compelling evidence of negligence.

Key Takeaways for New Jersey’s Cell Phone Driving Law

• New Jersey’s law prohibits drivers from using handheld electronic devices while operating a vehicle.
• Since it’s a primary offense, an officer can pull a driver over just for seeing them use a handheld device.
• A violation of the New Jersey cell phone driving law can serve as powerful evidence of negligence in your accident claim.
• Proving phone use often requires more than the police report, such as witness testimony or phone records.
• A lawyer can use legal tools, such as subpoenas, to obtain cell phone records that prove the other driver was distracted.

New Jersey’s Primary Enforcement of Handheld Devices

New Jersey lawmakers enacted a strict statute to combat the dangers of distracted driving. The state’s approach provides a powerful tool for individuals injured by inattentive motorists. 

The core of the statute centers on the concept of a primary offense. This designation means a law enforcement officer possesses the authority to stop a vehicle for the sole reason of observing the driver using a handheld device. 

This legal framework has direct implications for your accident claim. The primary enforcement nature of the law underscores the seriousness of the violation. It establishes a clear legal standard that drivers must follow, making a deviation from that standard a distinct and provable breach of duty.

What the Law Prohibits

The New Jersey cell phone driving law takes a broad view of what counts as illegal handheld device use. The statute prohibits most forms of physical interaction with a device while a vehicle is in motion. 

This broad restriction is designed to eliminate the cognitive and manual distractions that often cause distracted-driving crashes.

The law explicitly bans a range of activities, including:

• Talking or Listening: Drivers may not hold a phone to talk or listen during a call.
• Texting and Messaging: Composing, sending, or reading texts, emails, or instant messages is prohibited.
• Watching Videos: Viewing videos or movies on a handheld electronic device is illegal.
• Playing Games: Interacting with games or other apps while driving is strictly forbidden.

These prohibitions extend beyond cell phones. The law applies to any “handheld wireless telephone or electronic communication device,” including tablets, GPS units, and similar electronics. The law’s purpose is clear: to keep drivers’ hands on the wheel and their attention on the road.

The Hands-Free Exception Explained

While the New Jersey cell phone driving law comprehensively bans handheld device use, it provides a specific exception for hands-free technology. This allowance recognizes that communication can be a necessary part of modern life. 

However, the law narrowly defines what qualifies as a hands-free operation to ensure safety remains the top priority. A driver may use a cell phone only if they can do so without using their hands. 

Permissible technologies that facilitate this include:

• Bluetooth Headsets: Devices that connect wirelessly to a phone and allow for voice-activated commands are an exception to the rule.
• Integrated Vehicle Systems: Many modern cars have built-in systems that sync with a smartphone for calls and other functions.
• Speakerphone Functionality: A driver may use their phone’s speakerphone if the phone is mounted or otherwise not held.

Even with this exception, a driver may use their hands only to activate or deactivate the hands-free feature. Any further manual interaction, such as dialing or scrolling, violates the law. 

How Primary Enforcement Strengthens Your Claim

The primary enforcement status of the New Jersey cell phone driving law provides a significant advantage in a personal injury claim. Since an officer can stop a driver solely for this violation, it sends a clear message about the danger of this behavior. 

When a driver receives a ticket for this offense in connection with an accident, it creates a strong presumption of negligence. This legal standard simplifies one of the key elements of your case. 

You don’t have to argue that distracted driving is inherently unsafe; the law already establishes this fact. Instead, your focus can shift to proving that the illegal act of using the phone directly led to your injuries. 

How a Cell Phone Violation Establishes Negligence in an Accident

To win a personal injury claim, your lawyer must prove the other driver was negligent, meaning they failed to act with reasonable care, causing your injuries. Violating New Jersey’s cell phone driving law directly establishes this negligence, serving as powerful evidence of carelessness. 

A driver using a handheld device cannot fully focus on the road, breaching their duty to drive safely. The investigation then links this distraction—like failing to see a hazard, stop, or stay in their lane—to the cause of the crash.

The Concept of Negligence Per Se

New Jersey’s cell phone driving law is a public safety statute, meaning its violation constitutes negligence per se. This legal doctrine automatically establishes the at-fault driver’s breach of duty. 

Consequently, you only need to prove the driver violated the cell phone statute and that this violation directly caused your injuries. This shortcut prevents the defense from arguing that the phone use was reasonable, streamlining your car accident claim.

Using the Statute To Simplify Proof of Fault

A citation for violating New Jersey’s cell phone driving law is powerful evidence. The police report confirms your account, offering an impartial official record persuasive to adjusters or a jury.

Beyond the ticket, the statute provides a clear standard. A New Jersey car accident lawyer can use this specific, established safety rule to argue liability, making it harder for the defense to shift blame or minimize the distraction’s seriousness.

Overcoming Common Defenses From the Other Driver

Even with a clear violation, the at-fault driver’s insurance company may try to argue against liability. Common defenses they raise include:

• Hands-Free Exception: They may assert that their client was complying with the law by using a hands-free device, even if the evidence suggests otherwise.
• Lack of Causation: The insurer might argue that while their client was on the phone, a different, unrelated factor actually caused the crash.
• Shared Fault: They may try to claim that you were also partially responsible for the accident to reduce the amount of compensation they must pay.

A thorough investigation helps counter these tactics. Your lawyer can work on proving distracted driving in New Jersey by gathering evidence that refutes the driver’s claims. 

This may involve obtaining witness statements that describe seeing the driver holding a phone, or it may require seeking a subpoena for the driver’s cell phone records. 

These records can show definitively if the driver was texting, talking, or using data at the exact moment of the crash, directly contradicting claims of hands-free use or attentiveness.

Gathering Crucial Evidence To Prove Distracted Driving

Proving a driver violated New Jersey’s cell phone driving law during your accident requires compelling evidence. A police report is a good start, but a stronger case demands additional proof.

A detailed collection of evidence paints a complete picture of the other driver’s negligence for insurance companies and, if necessary, a jury. A successful investigation pieces together information from multiple sources. 

Each piece strengthens the others, building a solid foundation for your claim and demonstrating a clear link between the illegal phone use and your injuries.

Key sources of proof in these cases include:

• The Official Police Report: This is often the most important initial document, as it provides an official narrative and notes if the officer issued a ticket for illegal cell phone use.
• Driver and Witness Statements: The report often contains the officer’s notes on what the other driver said and the contact information for any independent witnesses who saw the driver’s distraction.
• Your Own Observations: Your detailed recollection of seeing the driver with a phone is a critical piece of the puzzle that helps guide the investigation.
• Video Evidence: A lawyer can investigate the accident area for nearby businesses or residences with security cameras that may have captured irrefutable video of the other driver’s actions.

Obtaining Cell Phone Records Through Legal Channels

In many cases, the most definitive proof comes from the at-fault driver’s cell phone records. These records provide a second-by-second timeline of the driver’s activity, including calls, text messages, and data usage. 

Getting cell phone records after a car accident in New Jersey is a formal legal process, one that you cannot do on your own. You cannot simply ask the phone company for these records. A lawyer must use the discovery process in a lawsuit to obtain them. 

This typically requires issuing a subpoena, a legal order that compels the cell phone provider to produce the relevant documents. 

A lawyer may seek specific types of data, such as:

• Call Logs: These show the times and durations of all incoming and outgoing calls.
• Text Message Timestamps: While the content of the messages is private, the records show when texts were sent and received.
• Data Usage Reports: This information can show if the driver was using apps, browsing the internet, or streaming content at the time of the collision.

When the timestamps on these records align with the time of the crash as noted in the police report, it creates a powerful link between the driver’s illegal phone use and the accident. This type of objective evidence usually dismantles any defense the insurance company tries to present.

FAQ for New Jersey’s Cell Phone Driving Law

What Happens if You Cause an Accident While on Your Phone in New Jersey?

If a driver causes an accident while violating the New Jersey cell phone driving law, they face multiple consequences, likely including a traffic ticket with fines and points on their license. 

Second, the violation serves as strong evidence of their negligence, making the driver legally liable for the damages and injuries they caused in the accident.

Can I Sue a Driver Who Was Texting and Hit Me in New Jersey?

Yes, you can file a personal injury lawsuit against a driver who hit you while they were texting. Texting while driving is a clear violation of their duty to operate their vehicle safely. 

In a lawsuit, you can seek compensation for your medical expenses, lost wages, property damage, and pain and suffering resulting from the collision.

Does New Jersey’s Cell Phone Driving Law Affect a Car Crash Claim?

New Jersey’s cell phone driving law significantly strengthens a car crash claim. Since it’s a primary offense and establishes a clear safety standard, a violation can be used as evidence of negligence per se. 

This makes it easier to prove the other driver’s fault, which is a critical element required to hold them and their insurance company accountable for your losses.

Can I Still Recover Compensation if I Was Also Using My Phone When a Distracted Driver Hit Me?

New Jersey follows a modified comparative negligence rule, which means you can still recover damages as long as your percentage of fault isn’t greater than the other driver’s. If you were also on your phone, your percentage of fault will reduce your final compensation award by that percentage. 

Do I Need a Lawyer if the Police Report Says the Other Driver Was on Their Phone?

Even if the police report states the other driver was on their phone, you still benefit from legal representation. Insurance companies may still try to contest the claim, argue that the phone use didn’t cause the crash, or offer a low settlement. 

A lawyer finds and preserves evidence, handles the complex legal procedures like obtaining phone records, and negotiates to protect your right to full and fair compensation.

The Power of Objective Evidence

Focusing on building a case around concrete proof, such as phone records and police reports, shifts the dynamic, forcing the insurance company to confront the undeniable facts of their insured’s negligence. 

Let us help you gather and present that evidence to secure the stability you need for your future. For a free consultation about your case, contact Maggiano, DiGirolamo & Lizzi, P.C. at (201) 585-9111 today.