The Alarming Reality of Distracted Driving in New Jersey

Statistics from both New Jersey state agencies and national organizations paint a grim picture. A significant percentage of crashes in the Garden State are attributed to distracted driving. This isn't just about a momentary lapse; it's a dangerous behavior that endangers everyone – drivers, passengers, pedestrians, and cyclists.

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Recent studies have even highlighted that New Jersey has a notable rate of distracted professional drivers, including those operating commercial vehicles. When a multi-ton truck or a rideshare vehicle with passengers is involved in an accident because the driver was distracted, the potential for catastrophic injuries or fatalities increases dramatically.

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What Constitutes Distracted Driving?

Distracted driving is any activity that diverts attention from the primary task of safe driving. Distractions can be categorized into three main types:

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1. Visual Distractions: Taking your eyes off the road (e.g., looking at a GPS, a passenger, or something outside the vehicle).

2. Manual Distractions: Taking your hands off the wheel (e.g., eating, drinking, adjusting controls, reaching for an object, texting).

3. Cognitive Distractions: Taking your mind off driving (e.g., daydreaming, being engrossed in a conversation, dealing with stress or fatigue, or being under the influence of impairing substances).

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While cell phone use (texting, calling, browsing) is one of the most commonly cited and dangerous distractions, many other activities can impair a driver's focus and reaction time.

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The Dangers Magnified: Distracted Driving in Commercial Vehicles

Commercial truck drivers and rideshare operators have a heightened responsibility due to the nature of their work and the vehicles they command. A distracted commercial driver poses an outsized threat because:

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- Increased Stopping Distance: Large trucks require a much longer distance to stop than passenger cars. A distracted truck driver has even less time to react to sudden hazards.

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- Larger Blind Spots: Trucks have significant blind spots, and a distracted driver is less likely to be aware of smaller vehicles around them.

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- Potential for Severe Impact: The sheer size and weight of a commercial truck mean that any collision can result in far more severe injuries and damage.

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- Passenger Safety (Rideshares): Distracted rideshare drivers not only endanger other road users but also the passengers who have entrusted them with their safety.

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New Jersey law and Federal Motor Carrier Safety Administration (FMCSA) regulations strictly prohibit texting and the use of handheld mobile telephones by commercial vehicle operators while driving.

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Legal Consequences for Distracted Drivers and Options for Victims in NJ

New Jersey has laws in place to combat distracted driving, including fines and points on a driver’s license. For commercial drivers, the penalties can be even more severe, potentially impacting their Commercial Driver's License (CDL) and livelihood.

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If you have been injured in an accident caused by a distracted driver in New Jersey, you have the right to seek compensation for your losses, which may include:

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• Medical expenses (current and future)
• Lost wages and diminished earning capacity
• Pain and suffering
• Property damage

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Proving that the other driver was distracted can be challenging but is crucial for your claim. Evidence might include:

• Eyewitness testimony
• Cell phone records (which may require a subpoena)
• Admissions by the at-fault driver
• Police accident reports (though they may not always definitively cite distraction)
• Dashcam footage or surveillance video

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How an Experienced NJ Accident Attorney Can Help

If you suspect distracted driving caused your accident, an experienced New Jersey personal injury attorney can:

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• Thoroughly investigate the circumstances of the crash.
• Work to obtain and preserve evidence of distraction, such as cell phone records.
• Interview witnesses and gather their statements.
• Negotiate with insurance companies to ensure you receive a fair settlement.
• If necessary, file a lawsuit and represent your interests in court.

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When a commercial vehicle is involved, your attorney will also investigate whether the trucking or rideshare company’s policies or lack of oversight contributed to the driver’s distracted behavior.

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Take Action Against Distracted Driving

The fight against distracted driving requires awareness, responsible behavior from all drivers, and holding negligent parties accountable. If you or a loved one has suffered due to a distracted driver, you deserve justice and fair compensation.

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A victim of a distracted driver in NJ? You deserve justice. Contact Sarofiem & Antoun for a compassionate and free case evaluation. Our dedicated team is committed to helping victims of distracted driving accidents navigate the legal process and secure the recovery they need to move forward.

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