A driver checking a phone, adjusting navigation, or looking away from traffic for a few seconds can cause a serious crash. Distracted driving continues to be a major safety issue across the country. According to the National Highway Traffic Safety Administration (NHTSA), 3,208 people were killed and more than 315,000 were injured in crashes involving distracted drivers in 2024.

If you were injured by a distracted driver in New Jersey, you may be able to bring a personal injury claim when the driver’s actions contributed to the collision and caused damages. Proving the claim usually requires evidence showing what the driver was doing before the crash, how the distraction affected the accident, and how your injuries impacted your life.

If you were hurt in a collision involving a distracted driver, learning how these claims work can help you understand your options and the information that may matter.

Key Takeaways: Distracted Driver Lawsuits in New Jersey

• A distracted driver may be held responsible if their actions contributed to a crash and caused injuries or losses.
• Proving distraction often requires evidence such as phone records, witness accounts, police reports, or video footage.
• New Jersey's no-fault insurance system can affect what compensation an injured person may pursue from another driver and whether an injury threshold applies to pain-and-suffering damages.
• Texting, handheld phone use, and other forms of inattention can support a negligence claim when they contribute to an accident.
• Medical records, accident reports, and documentation of losses can help show the impact of a distracted driving crash.

Can You Sue a Distracted Driver After a Car Accident in New Jersey?

A distracted driver may be responsible for a crash when their actions show a failure to drive safely. In New Jersey, a personal injury claim generally involves proving negligence. This means showing that the driver had a duty to operate the vehicle with reasonable care, failed to meet that duty, and caused injuries or losses.

Distracted driving can be evidence of careless behavior. For example, a driver who looks down at a text message, misses a traffic signal, and crashes into another vehicle may have created a situation where their distraction contributed to the collision.

A distracted driving claim may involve evidence such as:

• police reports describing driver behavior;
• witness statements about phone use or inattention;
• video recordings from vehicles or nearby locations;
• phone records showing activity around the time of the crash.

A traffic violation related to distracted driving may support a claim, but the violation alone does not automatically determine the outcome of a personal injury case. The evidence must connect the driver’s actions to the accident and the resulting injuries.

A claim against another driver may depend on factors such as the type of auto insurance policy, the severity of the injuries, and whether the requirements for filing a lawsuit are met.

What Counts as Distracted Driving in New Jersey?

Distracted driving includes any activity that takes a driver’s attention away from safely operating a vehicle. Some distractions involve electronic devices, but others can come from everyday actions inside the vehicle.

Common examples include:

• texting or sending messages while driving;
• holding or using a phone while operating a vehicle;
• looking away from traffic to adjust navigation;
• changing music or searching for items inside the vehicle;
• eating, drinking, or interacting with passengers.

A phone-related distraction can be important evidence after a crash, but distracted driving is not limited to texting. A driver may also be distracted by other activities if those actions interfere with safe vehicle operation. 

A driver may also be distracted by eating, reaching for an object, adjusting vehicle controls, or interacting with passengers. Safe driving requires sustained attention to the road and surrounding traffic.

For example, a driver looking away from the road to adjust a navigation app may fail to notice slowing traffic ahead. A driver reaching for an object on the passenger seat may drift into another lane. These situations require a review of the specific facts surrounding the collision.

How to Prove a Driver Was Distracted

A distracted driving claim often depends on showing what happened in the moments before the crash. A driver may admit they were looking at a phone, but many cases require additional information to show how the distraction contributed to the collision.

Evidence may include:

• police reports;
• witness statements;
• photos or videos from the crash scene;
• traffic camera footage;
• dash camera recordings;
• phone records obtained through the proper legal process.

The timing of the distraction can matter. A driver who sends a text message seconds before crossing into another lane presents different facts from a driver who used a phone hours before the crash.

Distracted driving can lead to life-changing consequences. In some collisions, injuries are fatal. A driver who looks away from traffic long enough to miss stopped vehicles, pedestrians, or changing road conditions may cause a crash that takes another person’s life.

When a crash results in a death, family members may need to explore separate legal options, such as a wrongful death claim, depending on the circumstances. The available options depend on factors such as the cause of the crash, the relationship between the family member and the person who died, and the evidence available.

What Evidence Can Show Phone Use or Inattention?

Phone use is one possible form of distraction, but proving a driver was distracted often requires looking at several sources of information together.

Phone records may show certain calls or communications near the time of a collision. Other forms of phone activity may require additional evidence, such as data obtained from the device through the legal discovery process. Video can sometimes provide direct information about what a driver was doing before impact.

Possible sources include:

• dash cameras;
• nearby business surveillance;
• traffic cameras;
• vehicle camera systems.

People who saw the crash may provide details about:

• whether a driver was holding a phone;
• where the driver was looking;
• unusual driving behavior before impact;
• statements made after the collision.

In addition, a police report may include observations from the responding officer, statements from drivers or witnesses, and information about any citations issued after the crash.

No single piece of evidence decides every distracted driving claim. The available information must be reviewed together to determine whether a driver’s actions contributed to the accident.

How Comparative Negligence Can Affect the Claim

A distracted driver may have contributed to a crash, but New Jersey law also considers whether other people involved may have played a role in causing the accident.

New Jersey follows a comparative negligence system. Under N.J.S.A. 2A:15-5.1, an injured person who is partly responsible for a crash may still recover compensation as long as their share of fault is not greater than the fault of the defendant or the combined fault of the defendants from whom recovery is sought. Their damages are reduced by their percentage of fault. If they are found more than 50% responsible, however, they cannot recover damages from those defendants.

For example, a distracted driver may cause a collision, but another driver’s speeding or failure to follow traffic rules may also become part of the review. The amount of responsibility assigned to each person can affect the outcome of a claim.

Comparative negligence can become important when the facts of a crash are disputed. Photos, witness accounts, vehicle damage, and other available evidence may help explain how the accident happened.

How Does New Jersey’s No-Fault Insurance System Affect a Distracted Driving Claim?

Many people assume they can immediately file a claim against the driver who caused the crash. In New Jersey, the process is often different because the state follows a no-fault auto insurance system.

After most car accidents in New Jersey, an injured person's own Personal Injury Protection (PIP) coverage pays eligible medical expense benefits without regard to fault. Depending on the policy selected, PIP may also provide additional benefits, including income continuation benefits and certain essential services, subject to the terms and limits of the policy.

Receiving PIP benefits does not automatically prevent someone from pursuing a claim against the driver who caused the crash. However, New Jersey auto policies may include either a Limitation on Lawsuit option or a No Limitation on Lawsuit option.

If the Limitation on Lawsuit option applies, an injured person generally must meet one of the injury categories established by New Jersey law before recovering noneconomic damages such as pain and suffering. These include death, dismemberment, significant disfigurement or scarring, a displaced fracture, loss of a fetus, or a permanent injury. Whether the limitation applies depends on the insurance coverage and circumstances involved.

What Damages May Be Available After a Distracted Driving Crash?

A distracted driving collision can affect far more than the cost of repairing a vehicle. Some people recover within weeks. Others face surgeries, rehabilitation, permanent limitations, or the loss of a family member.

When New Jersey law allows an injured person to pursue a claim against the at-fault driver, damages may include compensation for losses such as:

• medical expenses not addressed through available insurance;
• future medical treatment related to the injury;
• lost income and reduced earning capacity;
• pain and suffering when permitted under New Jersey law;
• property damage;
• other accident-related financial losses supported by the evidence.

The damages available in any case depend on the injuries, insurance coverage, applicable New Jersey law, and the facts surrounding the collision. No two distracted driving claims are exactly alike.

If a distracted driving crash results in a fatal injury, surviving family members may have legal rights under New Jersey law. Those claims are separate from an injured person's personal injury claim and involve different legal requirements.

What to Do After a Distracted Driver Accident

The steps you take after a distracted driving accident can affect both your health and your ability to pursue a claim. If you are physically able to act, consider the following:

1. Get medical care as soon as possible.

Your health should come first. Even if you feel well immediately after the crash, some injuries may not appear until hours or days later. Prompt medical treatment also creates records that connect your injuries to the accident.

2. Report the accident to the police.

A responding officer can document the scene, speak with those involved, and prepare an official accident report. This report may become an important piece of evidence during an insurance claim or lawsuit.

3. Document the scene.

If it is safe to do so, take photographs or videos of the vehicles, road conditions, traffic signals, skid marks, debris, and any visible injuries. If there were witnesses, ask for their names and contact information.

4. Keep all accident-related records.

Save medical bills, treatment records, repair estimates, receipts, and documents showing lost wages or missed work. These records can help demonstrate the financial and personal impact of the accident.

5. Be careful when discussing the crash.

Avoid admitting fault or speculating about what happened when speaking with others at the scene. It is also wise to avoid posting details, photographs, or comments about the accident on social media while your claim is pending.

6. Speak with a personal injury attorney.

If you believe a distracted driver caused the collision, an experienced attorney can explain how New Jersey's insurance laws may apply, discuss the evidence that could support your claim, and help protect your legal rights before important information is lost.

Frequently Asked Questions:

How long do you have to file a distracted driving accident lawsuit in New Jersey?

New Jersey generally gives injured people two years from the date of a car accident to file a personal injury lawsuit. Missing the deadline may prevent you from pursuing compensation through the courts. Some exceptions can apply depending on the circumstances, so it is important to understand how the law applies to your situation.

Can I file a claim if the distracted driver was not issued a ticket?

Yes. A traffic citation is not required to pursue a personal injury claim. Civil claims and traffic violations are separate legal matters. Even if no citation was issued, evidence such as witness statements, surveillance footage, phone records obtained through legal procedures, and the police investigation may still help establish liability.

What if I was partially at fault for the accident?

Being partly responsible does not automatically prevent you from recovering compensation. In New Jersey, you may generally recover if your share of fault is 50% or less, although your damages will be reduced by your percentage of responsibility. If you are found more than 50% at fault, you generally cannot recover from the other responsible party or parties.

Can passengers injured in a distracted driving crash file a claim?

Passengers are rarely responsible for causing a collision and may have the right to seek compensation for their injuries. The available insurance coverage and legal options depend on the facts of the accident and the policies involved.

What if the distracted driver was working at the time of the crash?

If the driver was performing job-related duties when the collision occurred, additional legal issues may arise regarding whether an employer shares responsibility. The answer depends on the driver's employment status, the purpose of the trip, and other case-specific facts.

Injured by a Distracted Driver? Brandon J. Broderick, Attorney at Law, Is Ready to Help

Recovering after a serious car accident often involves more than healing from your injuries. Medical treatment, missed time from work, insurance claims, and financial uncertainty can place additional pressure on you and your family. You deserve a legal team that will advocate for your interests and keep you informed throughout the process.

At Brandon J. Broderick, Attorney at Law, we are proud to represent injured people across New Jersey with compassionate, client-focused legal representation. Our team is available 24 hours a day, 7 days a week to discuss your accident, evaluate your case, and answer your questions. Contact us today to schedule your free, no-obligation consultation.