Distracted driving remains a serious concern in New Jersey

March 28, 2013

Distracted driving remains a serious concern in New Jersey

Article provided by Law Offices of John F. Mifka
Visit us at http://www.mifkalaw.com

Despite widespread efforts to prevent cellphone-related car accidents, the issue of distracted driving remains a major concern in New Jersey and throughout the country.

Cellphone distractions affect all age groups

Contrary to widespread beliefs, texting while driving is not a behavior limited to teen drivers. In fact, a 2010 study by the Pew Research Center found that adults may be even more prone to texting while driving than teens. According to the study, nearly half of adults who use text messaging say they have done so while driving. Among teens who text, the rate was significantly lower -- though still high -- at just over one in three.

Similarly, adult drivers in the study also reported significantly higher rates of talking on cellphones while driving. Among drivers with cellphones, roughly three-quarters of adults said they have talked on the phone while driving, compared to about one-half of teens. The study suggests that adults may struggle just as much as teens when it comes to resisting the allure of a cellphone behind the wheel.

New Jersey distracted driving laws

In New Jersey, texting while driving has been specifically prohibited since 2008, and the use of hand-held cellphones while driving has been barred since 2004. However, these laws have had only limited success in preventing accidents; in 2011 alone, distracted driving contributed to 178 traffic fatalities in New Jersey.

The continuing prevalence of distracted driving in New Jersey may be attributable in part to a lack of awareness of the risks. According to a report by nj.com, Assemblywoman Annette Quijano (D-Union) said "I don't think it has seeped into New Jersey's consciousness how serious this is." Quijano has sponsored legislation that would toughen the laws restricting driver cellphone use. Currently, drivers can be fined between $100 and $300 for violating the law -- a slap on the wrist, according to some critics, who say the penalties are not severe enough to convey the seriousness of the issue.

Criminal penalties

In 2012, New Jersey legislators passed a new law making it easier for distracted drivers to be convicted of criminal vehicular homicide or assault when illegal cellphone use results in injury or death. The new law treats distracted driving similarly to drunk driving, which supporters hope will help drive home the seriousness of the issue.

As Lieutenant Governor Kim Guadagno put it, "If you wouldn't drink and drive you shouldn't text and drive," nj.com reported. People convicted under the new law can face criminal penalties of as much as 10 years in prison and fines of up to $150,000.

Civil liability for distracted driving

Along with potential fines and criminal prosecution, New Jersey drivers should also be aware of the risks of civil liability for distracted driving. When a person is injured or killed in New Jersey as a result of distracted driving, the law allows the injured victim or the victim's surviving family members to take legal action against the person who caused the accident -- regardless of whether he or she has been charged with a crime.

Under New Jersey law, a person who causes a distracted driving accident can be held financially liable for any injuries or deaths that occur as a result of the crash. Accident victims or their survivors may be entitled to compensation for a variety of losses, including:
-Past and future medical, hospital and rehabilitation costs
-Lost income, support and inheritance
-Pain and suffering
-Funeral expenses

To learn more about the liability issues that can arise from distracted driving accidents in New Jersey, contact an experienced personal injury lawyer.