In terms of road fatalities, New Jersey is one of the top five safest states to drive in. Nevertheless, texting while driving and other distracted driving activities are a major cause of fatalities in the state. In response, the state legislature has enacted comprehensive safety legislation that all New Jersey drivers should know about.
Distracted Driving Restrictions
Both texting and talking on hand-held mobile devices are prohibited throughout New Jersey. Novice drivers (drivers on restricted licenses) are prohibited from all cell phone use, even hands-free versions. A bill has even been introduced in the New Jersey State Legislature that would panelize texting while walking across the street (with potential jail time!) All prohibitions are subject to the following exceptions:
- You may text in response to a threat to someone’s life or safety (including your own)
- You may text to prevent a criminal act perpetrated against yourself or someone else
- You may text to report a serious safety issue such as a fire, a traffic accident, a reckless or intoxicated driver, a medical emergency or a hazardous materials emergency
Drivers with full driving privileges may use hands-free devices while driving. Keep in mind that individual New Jersey cities and counties might enact stricter local ordinances.
Penalties for Distracted Driving in New Jersey
A fine of $200 to $400 applies to the first offense. This fine increases to $400 to $600 and $600 to $800 for second and third offenses, respectively. Fourth and further offenses carry the same fine as a third offense; however, the judge has the discretion to add three points to your driving record and even impose a 90-day driver’s license suspension.
If You Caused an Accident in New Jersey While You were Distracted
A distracted driving citation is an annoyance at worst. A car accident changes the ball game completely, however, at least if there was an injury and at least some evidence that your distracted driving was a cause of the accident. If you are sued by an injured plaintiff or by the survivors or estate executor of a deceased victim, the plaintiff (the person sung you) can claim that your violation of the New Jersey distracted driving statute was negligent (careless).
You would, of course, have the opportunity to either (i) deny that you were violating the statute or (ii) assert that even if you were violating the statute, it didn’t add up to negligence because it was reasonable (although illegal) under the circumstances.
Note that if you are injured by a distracted driver who was an on-duty employee of a company at the time of the accident, in most cases you may sue the company under the doctrine of respondeat superior, and rely on the company’s “deep pockets” to satisfy any judgment in your favor.
If two or more parties share fault for the accident (both drivers and a pedestrian, for example), the court will apportion fault (and liability) on a percentage basis. Any party at least 51 percent at fault will receive no damages, while any party less than 50 percent at fault will receive his damages discounted by his own percentage of fault (75 percent of his damages if he was 25 percent at fault, for example).
– Updated through September 1, 2016