Checking a text or adjusting directions may seem like a quick task, but picking up a phone while the car is moving can have serious consequences. New Jersey generally prohibits drivers from using a handheld cellphone or electronic communication device while driving on a public road or highway. Fully licensed drivers may use a hands-free system, as long as the device is positioned safely and they remain attentive behind the wheel.

The rules are stricter for permit and probationary drivers, who generally cannot use either handheld or hands-free devices except in an emergency. School bus drivers also face broader cellphone restrictions.

If a driver violates these rules and causes a crash, the cellphone use may become important evidence in a personal injury claim. A citation does not automatically determine fault, but it can help show that the driver was distracted when the collision occurred.

Key Takeaways: Does New Jersey Allow Cellphone Use While Driving?

• Hands-free use is generally permitted for fully licensed drivers: The device must be positioned so that it does not interfere with required safety equipment, and the driver must exercise a high degree of caution.
• Handheld use is generally prohibited in a moving vehicle: New Jersey law generally prohibits using a handheld wireless telephone or electronic communication device while operating a moving vehicle on a public road or highway.
• Some drivers face stricter rules: Permit and probationary drivers generally may not use handheld or hands-free interactive wireless devices except in an emergency. School bus drivers are also subject to broader restrictions.
• Penalties increase for repeat violations: Fines range from $200 to $400 for a first offense and can reach $800 for a third or subsequent offense. A third or subsequent conviction also carries three motor vehicle points and may result in a 90-day license suspension.
• A violation may support proof of negligence: Evidence that a driver violated New Jersey’s cellphone law can help establish negligence when the prohibited use contributed to a crash, but it does not automatically establish liability.

What Cellphone Use Is Legal While Driving in New Jersey?

Under N.J.S.A. 39:4-97.3, using a wireless telephone or electronic communication device while operating a moving vehicle on a public road or highway is generally unlawful unless the device is used hands-free or another statutory exception applies.

A hands-free wireless telephone allows the driver to engage in a conversation without using either hand. The law permits limited hand contact to activate, deactivate, or initiate a function. However, repeatedly typing, searching, or entering information into a phone while driving may violate the law. In State v. Troisi, a New Jersey appellate court upheld a conviction involving a driver who made multiple inputs while attempting to use Google Maps.

The hands-free exception also requires the device to be positioned so that it does not interfere with federally required safety equipment. Drivers must continue to exercise a high degree of caution even when using a permitted hands-free system.

Stricter rules apply to:

• Permit and probationary drivers: These drivers generally may not use handheld or hands-free interactive wireless communication devices except in an emergency.
• School bus drivers: A school bus driver generally may not use a cellphone while operating the bus. Exceptions may apply when the bus is safely parked off the highway or during an emergency.

Penalties for Violating New Jersey’s Cellphone Law

The penalties under N.J.S.A. 39:4-97.3 increase with repeat convictions:

• First offense: A fine between $200 and $400, ordinarily without motor vehicle points.
• Second offense: A fine between $400 and $600, ordinarily without motor vehicle points.
• Third or subsequent offense: A fine between $600 and $800, three motor vehicle points, and a possible 90-day license suspension.

The statute also contains a 10-year rule. If a second offense occurs more than 10 years after the first, it is treated as a first offense for sentencing. If a third offense occurs more than 10 years after the second, it is treated as a second offense.

Different consequences may apply when the cellphone offense is used as an alternative offense in a plea agreement involving another motor vehicle violation.

How Distracted Driving Can Affect a Car Accident Claim in NJ

Distracted driving is any activity that takes a driver’s attention away from operating the vehicle safely. Distraction is commonly grouped into three categories:

• Visual distraction: Taking your eyes off the road.
• Manual distraction: Taking one or both hands away from driving tasks.
• Cognitive distraction: Taking your mental focus away from driving.

Texting may involve all three forms of distraction. According to the National Highway Traffic Safety Administration, reading or sending a text takes a driver’s eyes off the road for approximately five seconds. At 55 mph, that is comparable to traveling the length of a football field with your eyes closed.

Hands-free use may be legal for a fully licensed driver, but it can still become a distraction. A driver may be negligent even without violating the handheld-device statute if a phone conversation, navigation system, or other activity prevents the driver from responding reasonably to traffic conditions.

New Jersey uses modified comparative negligence when allocating fault. If more than one person contributed to a collision, each person may be assigned a percentage of responsibility. An injured person’s damages are reduced by that person’s percentage of fault, and recovery may be barred if the injured person’s negligence is greater than the negligence of the defendant or combined defendants from whom compensation is sought.

What Evidence Can Show a Driver Was Using a Phone?

Proving cellphone use may require several forms of evidence. No single record necessarily proves who was using a device or whether the activity caused the collision.

Potential evidence includes:

• Police reports: Responding officers may document observations, driver statements, witness accounts, and citations issued after the crash.
• Cellphone records: Call logs, message records, and data-activity records may help show whether a device was communicating near the time of the collision. Additional evidence may be needed to identify the user and explain the activity.
• Eyewitness testimony: Passengers, pedestrians, or other motorists may have seen the driver looking at or interacting with a device.
• Surveillance and dashcam footage: Video from nearby businesses, traffic cameras, or other vehicles may show where the driver was looking or what the driver was doing before impact.
• Vehicle and application data: Depending on the circumstances, connected-vehicle systems, navigation applications, or device data may help establish a timeline.

Evidence should be identified and preserved promptly. Some surveillance and dashcam systems overwrite older recordings, and retention practices for device and provider records vary.

An attorney may send preservation letters to notify a driver, business, or other recipient that potentially relevant evidence should be retained. Obtaining records from a cellphone provider or another third party may require a subpoena, court order, authorization, or other legally permitted process.

Can a Cellphone Violation Help Prove Negligence?

A documented cellphone violation may support a claim that a driver failed to use reasonable care. However, the violation does not automatically prove that the driver is legally responsible for the crash.

New Jersey generally treats the violation of a motor vehicle statute as evidence that may be considered when determining negligence. The injured person must still establish that:

• The other driver owed a duty to operate the vehicle with reasonable care.
• The driver breached that duty.
• The breach was a proximate cause of the collision.
• The collision caused compensable injuries or losses.

A cellphone citation may be relevant, but a citation alone is not a civil finding of fault. The circumstances surrounding the phone use remain important. Evidence must connect the distraction to the driver’s failure to stop, remain in a lane, yield, observe a pedestrian, or otherwise respond safely.

Proving this causal connection may require witness testimony, video footage, phone records, vehicle data, or accident reconstruction evidence. Expert testimony may be needed when a disputed issue involves technical, medical, or scientific knowledge beyond the understanding of an average juror.

In 2024, 3,208 people were killed nationwide in crashes involving distracted drivers, according to NHTSA. These statistics demonstrate the serious safety consequences of taking attention away from the road.

What Compensation May Be Available After a Distracted Driving Crash?

People injured by a distracted driver may be able to recover compensation through applicable insurance coverage or a claim against a legally responsible party. Available compensation depends on the injuries, insurance policies, liability findings, and other circumstances of the collision.

New Jersey uses a no-fault automobile insurance system. Applicable Personal Injury Protection coverage generally pays covered medical expenses regardless of fault, subject to policy terms, limits, deductibles, copayments, and insurance regulations. Additional PIP coverage may also reimburse certain lost wages or household-service expenses when included in the policy.

Depending on the case, other recoverable losses may include:

• Medical expenses not paid or payable through applicable insurance.
• Lost income and qualifying employment-related losses.
• Reduced future earning capacity.
• Future medical and rehabilitation expenses.
• Vehicle and other property damage.
• Physical pain and suffering.
• Emotional distress.
• Loss of enjoyment of life.

New Jersey’s Limitation on Lawsuit Option affects whether some injured people must satisfy a statutory injury threshold before recovering noneconomic damages such as pain and suffering. People subject to the No Limitation on Lawsuit Option generally do not have to satisfy that threshold. The applicable option may depend on the injured person’s insurance coverage and legal status under New Jersey automobile insurance law.

What to Do After a Crash Involving Distracted Driving

Your health and safety should come first after a crash. Move to a safe location if possible and seek emergency assistance when necessary.

New Jersey law generally requires prompt notice to police when a collision results in injury, death, or apparent damage exceeding $500 to the property of any one person. Tell the responding officer about any specific cellphone use you observed and obtain the report or incident number. A completed police accident report may later contain useful information about the scene, witnesses, driver statements, and citations.

Other useful steps include:

• Seek prompt medical attention for possible injuries.
• Exchange contact and insurance information with the other drivers.
• Photograph the vehicles, road conditions, traffic controls, debris, and visible injuries.
• Obtain names and contact information from witnesses.
• Note what you observed without confronting the other driver.
• Save photographs, videos, medical records, receipts, and insurance correspondence.
• Notify your own automobile insurer promptly.

Cooperate with reasonable requests required under your insurance policy. Before giving a detailed recorded statement, particularly to another driver’s insurer, make sure you understand who is requesting it and consider obtaining legal advice.

If police do not respond, additional reporting requirements may apply. Information about those circumstances is available in our guide explaining what happens if police do not respond to a New Jersey car accident.

How an NJ Car Accident Lawyer Can Help With Your Claim

An attorney can investigate whether cellphone use contributed to a collision and seek to preserve evidence before it becomes unavailable. This may include requesting phone records, locating witnesses, obtaining surveillance footage, reviewing vehicle data, and consulting accident reconstruction professionals when appropriate.

Legal counsel can also:

• Evaluate how New Jersey’s comparative negligence rules affect the claim.
• Identify applicable insurance coverage.
• Document medical expenses, income losses, and future damages.
• Address disputes over the Limitation on Lawsuit Option.
• Communicate and negotiate with insurance carriers.
• File a lawsuit within the applicable deadline when necessary.

Retaining legal counsel can also help prevent evidence of cellphone use from being considered in isolation. An attorney can connect that evidence to the driver’s actions, the mechanics of the collision, and the injuries that resulted.

Frequently Asked Questions About Cellphone Laws in New Jersey

How Long Do You Have to File a Personal Injury Lawsuit in New Jersey?

New Jersey personal injury lawsuits generally must be filed within two years after the cause of action accrues. In a car accident case, the accident date is often the accrual date. Tolling provisions, delayed-accrual rules, claims involving minors, and other exceptions may affect the deadline. Claims involving public entities may also carry much shorter notice requirements. Missing the applicable deadline can bar a personal injury lawsuit.

Are There Exceptions to the Handheld Device Ban?

New Jersey permits limited handheld telephone use when a driver reasonably fears for the driver’s life or safety, believes a criminal act may be committed against the driver or another person, or is reporting a specified emergency or unsafe driver to the appropriate authorities. The driver must keep one hand on the steering wheel. Ordinary personal or business calls, texts, and other nonemergency uses are not covered by these exceptions.

Does New Jersey Use Comparative Negligence?

Yes. Under New Jersey’s modified comparative negligence system, an injured person’s damages are reduced by that person’s percentage of fault. Recovery is generally permitted when the injured person’s negligence is not greater than the negligence of the defendant or combined defendants from whom compensation is sought.

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