A driver who causes a crash while texting, checking a map, or looking away from the road in Hackensack bears full legal responsibility for the resulting injuries under New Jersey law. The police report almost never says ‘distracted driving.’ It records the resulting traffic violation, not what caused it. That gap between what happened and what gets officially documented is where insurance companies plant their defense.
A Hackensack distracted driving accident lawyer at Maggiano, DiGirolamo & Lizzi knows how to close that gap. We subpoena phone records, pull traffic camera footage, and lock down vehicle event data before it disappears. Our firm has recovered hundreds of millions of dollars for injured clients across New Jersey by building cases on facts, not assumptions. Results may vary. Prior case outcomes do not guarantee similar results.
We handle distracted driving cases involving texting, app use, in-car infotainment systems, and any other behavior that pulls a driver’s attention off the road. Call us at (201) 585-9111 for a free case review.
What the Insurance Adjuster Counts On You Not Knowing
Insurers operate on a straightforward assumption: most injured people do not understand how distracted driving claims actually get proven. The adjuster reviews the police report, sees no mention of a phone, and concludes their driver bears no fault. That conclusion is often wrong, but correcting it requires legal pressure and a methodical evidence strategy.
Specifically, New Jersey officers typically record the resulting traffic infraction, not its cause. A driver who ran a red light while texting gets cited for the red light. The texting never appears in the official record unless someone investigates it independently. Insurers know this pattern and use it deliberately.
They also move fast. Expect a call within 24 to 48 hours of the crash asking for a recorded statement. That recording becomes ammunition. Adjusters use your own words to dispute injury severity, challenge your version of events, or argue you contributed to the collision. Do not give that statement before speaking with a Hackensack distracted driving accident attorney.
Speak with our Hackensack attorneys before the insurer does. Call (201) 585-9111 today.
The sections below explain how we investigate these cases, what damages you can pursue, and what steps you can take to protect your claim right now.
In my Book Chris gets 10+ stars. An Incredibly Talented Attorney. I cannot begin to express my sincere appreciation for all that Chris DiGirolamo has done for me. He took on a most challenging Title59 Immunity Case, against all odds. He always leveled with me as to the complex nature of the case, but with a positive and professional attitude. He was aided in this case, by a fantastic Paralegal, Marisol Suarez. Marisol made a difficult time much easier with her courtesy, humor, and always being responsive. Chris made you feel at all times that he was fighting for you as he would fight for a member of his family. It would not be a trite statement to say that watching him prepare my case was like watching a Maestro conduct a Philharmonic Orchestra. He always kept you informed as to the latest developments in a case that took 3 1/2 years to settle. Chris was able to achieve a settlement that both of us were happy with especially considering the very complex set of circumstances. Simply put, Chris is an Incredible Attorney who is empathetic yet tough and most important ” A Good Guy.”
Stefanie/Mike: can’t express in words my gratitude. Thank you both for all the hard work and Mike, you’re simply the best!
Nothing but praise for Maggiano, DiGirolamo, and Lizzi. I have never seen such a fantastic display of teamwork at all levels of the firm. (As an aisde, everyone one who works at the firm was extremely courteous and kind – character traits that one would not typically associate with a law firm. )
Furthermore, the legal results brought about by Mr. Maggiano’s tireless litigation efforts on our behalf were very fair and just. If you ever find yourself in a car accident, be sure to consult Maggiano, DiGirolamo, and Lizzi.
Why Hackensack Roads Produce These Crashes
Hackensack functions as a commuter hub for Bergen County. Drivers heading toward Route 4, the Garden State Parkway, and the George Washington Bridge corridor move through the city in concentrated waves, morning and evening, creating stop-and-go conditions where distracted driving rates are highest.
Main Street through downtown mixes commercial deliveries, buses, pedestrians, and through traffic throughout the day. The River Street corridor near Bergen County Superior Court sees midday congestion as people move between government offices, parking structures, and the courthouse complex. Essex Street and Passaic Street generate rear-end collisions at a rate that anyone who commutes through Hackensack regularly recognizes from experience.
The on-ramp approaches to Route 4 produce impatient lane changes and sideswipes from drivers watching GPS instead of checking mirrors. Anderson Street’s signalized intersections become phone-checking zones when traffic stacks behind red lights. Drivers adjusting infotainment systems or reviewing navigation apps along the Route 17 service road create that same category of preventable hazard.
In contrast to counties where crash patterns are more geographically dispersed, Bergen County concentrates high-volume commuter and commercial traffic through a tight urban grid. That density raises collision frequency. Delivery drivers, rideshare operators, and daily commuters each carry distinct distraction patterns that a thorough investigation must account for.
Cases arising from Hackensack crashes go through Bergen County Superior Court. Our attorneys appear there regularly, understand how local judges manage discovery disputes, and know what Bergen County juries respond to when evaluating liability and damages in motor vehicle cases.
How a Hackensack Distracted Driving Accident Lawyer Builds Your Case
Distracted driving claims require active investigation, not passive document collection. Drivers rarely admit to texting. Passengers cover for each other. Police reports describe consequences, not root causes. The evidence that proves inattention behind the wheel must be identified, preserved, and obtained through legal process before it permanently disappears.
Our Hackensack distracted driving accident lawyers follow a systematic approach to every file:
Step 1: Cell phone records. We send a litigation hold letter and pursued a formal subpoena for the at-fault driver’s carrier records. Those records show call logs, text timestamps, and data usage mapped to the exact time of the crash. New Jersey courts permit this discovery, and carriers must comply. If the driver sent or received a message within seconds of impact, that record exists.
Step 2: Event data recorders. Modern vehicles store speed, braking inputs, and steering data in an onboard computer. No braking input in the seconds before a collision strongly supports a distraction argument. We act fast to preserve this data before the vehicle gets repaired or totaled out by the insurer.
Step 3: Camera footage. Hackensack’s downtown corridor has traffic signal cameras and private business surveillance systems pointed at key intersections. This footage typically overwrites within 30 to 60 days. We send preservation letters to relevant businesses and agencies immediately after being retained.
Step 4: Witness canvassing. Officers often leave the scene without collecting contact information from every bystander present. We return to the crash location, visit nearby businesses, and identify witnesses who observed the driver’s behavior in the moments before contact.
Step 5: Employer liability. If the at-fault driver was operating a company vehicle or performing job duties at the time of the crash, their employer may carry independent liability. Commercial auto policies in New Jersey typically carry coverage limits that far exceed individual policies. Our attorneys investigate employment status as standard practice in every case from the start.
What You Can Recover After a Distracted Driving Crash
New Jersey follows a modified comparative fault rule. If you bear some responsibility, your recovery reduces proportionally. A 25 percent fault finding means you recover 75 percent of your damages. Only if your share exceeds 51 percent does your right to recover disappear. Our attorneys assess fault honestly during the consultation so you know where your case stands.
Medical expenses. Every cost tied to the injury is recoverable: emergency transport, imaging, surgery, hospitalization, rehabilitation, prescriptions, assistive devices, and future care that a physician projects as medically necessary. We document these costs thoroughly and coordinate with treating providers to ensure nothing gets omitted from the claim.
Lost income. Wages lost during recovery are fully recoverable. Where the injury affects your ability to work long-term or permanently, we retain vocational and economic professionals to project future earning loss and attach a concrete, documented number to that projection so the insurer cannot dispute it.
Pain and suffering. New Jersey permits recovery for physical pain, emotional distress, loss of enjoyment, and the deterioration of important relationships and activities. These damages do not come with receipts, but they are real and legally compensable.
We build this component through your account, your medical records, and direct observations from family members. In cases involving long-term or permanent impairment, this category of damages often represents the largest portion of total recovery.
Property damage. Vehicle repair or replacement is a separate, recoverable loss handled alongside your injury claim.
One item regularly overlooked: if the distracted driver was on a work call, completing a delivery, or otherwise serving their employer’s interest at the moment of the crash, the employer’s larger commercial insurance policy enters the picture. We investigate this on every file.
The Days Right After the Crash Matter More Than Most People Realize
Evidence disappears quickly. Phone records get deleted after carriers’ standard retention windows close. Camera footage overwrites automatically. Witnesses move on and become harder to reach. Every day that passes without an attorney actively working to preserve your evidence benefits the insurer, not you.
Get medical attention the same day as the crash, even if you feel fine. Some injuries are not immediately obvious, and delayed care gives insurers grounds to argue your injuries were unrelated to the collision entirely.
Write down everything you remember while the details are still sharp: where the driver was looking, whether a phone was visible in their hand, what their vehicle did in the seconds before impact, and what they said at the scene immediately after. These observations frequently become the most persuasive elements of a case when physical evidence is incomplete. Details disappear from memory quickly without a written record.
Do not post anything about the crash on social media. Photos, comments, and location check-ins all become discoverable records that opposing attorneys will request in litigation and use against you.
Call (201) 585-9111 before the other driver’s insurer contacts you. Once you retain our firm, all insurer communication runs through us. That protection begins the moment you call.
Verdicts and Settlements
$346,000 - Workers Compensation Claims and Hostile Work Environment
Settlement was obtained for a 34 year old schoolteacher who claimed work related injury to her neck, back, shoulders, knees and head suffered during two separate work related accidents.
$11,500,000 - Hospital Negligence
A North Carolina hospital has paid $11.5 million to the two surviving minor children of a man who murdered his wife, stepdaughter and baby daughter then forced his two surviving kids to live in an apartment with the corpses before he finally killed himself.
$7,000,000 - Lifelong Impairment
A 23 year old, alleged to have been running across a four lane highway in the middle of a block and against a green light, was struck by an oncoming motorist. She suffered brain injury resulting in severe cognitive and motor impairment including a speech defect, leaving her totally disabled and dependent on caregivers for life.
Frequently Asked Questions
Does New Jersey law prohibit handheld phone use while driving?
Yes. New Jersey prohibits handheld cell phone use while driving. A violation of this statute constitutes negligence per se in a civil claim, which means the at-fault driver cannot argue they exercised reasonable care at the time of the crash. Drivers must use a hands-free device for calls, and texting while driving is banned entirely, regardless of hands-free status. A violation of this statute constitutes negligence per se in a civil claim, which means the at-fault driver cannot argue they exercised reasonable care at the time of the crash.
Can I recover compensation as a passenger in the distracted driver's vehicle?
Yes. Passengers injured by a distracted driver hold the same right to bring a personal injury claim as occupants of any other vehicle involved in the crash. Your personal relationship with the driver does not eliminate their legal duty to operate safely. You may pursue compensation directly through their insurance policy.
What if the other driver denies being on their phone?
Denial is standard. The primary reason it does not end the inquiry is that phone records do not depend on the driver’s cooperation or honesty. We subpoena carrier records through the court process and obtain the data independently. Witness accounts, vehicle event recorder data, and digital activity all contribute to the evidentiary picture without requiring any admission from the driver.
How does a pre-existing condition affect my claim?
New Jersey follows the eggshell plaintiff rule: the at-fault driver takes you as they find you. If a pre-existing condition made your injuries more severe, the driver remains responsible for the full harm their negligence caused. We counter insurer arguments with targeted medical documentation that isolates the crash injury from the prior baseline.
What does hiring an attorney cost upfront?
Nothing. Maggiano, DiGirolamo & Lizzi handles personal injury cases on a contingency fee basis. No hourly billing, no retainer, no upfront costs of any kind. We collect a percentage of the recovery, agreed to in writing before any work begins, and only if we recover compensation on your behalf.
Get Straight Answers About Your Case Today
Maggiano, DiGirolamo & Lizzi maintains an office at Court Plaza South, 201 Main St., Suite 206, Hackensack, NJ 07601, near the Bergen County Superior Court. Our attorneys handle distracted driving claims throughout Bergen County and appear regularly before the judges who will ultimately decide your case if litigation becomes necessary.
The consultation costs nothing. The contingency structure means you pay nothing unless we recover for you. What you gain from calling today is a clear picture of your options, an honest assessment of what your claim may be worth, and an attorney working to lock down your evidence before the window closes.
Our Hackensack office is available by phone around the clock for injured clients who need answers outside regular business hours. No appointment is necessary to start the conversation. Call a Hackensack distracted driving accident attorney at Maggiano, DiGirolamo & Lizzi now. Reach us at (201) 585-9111.
