Cell phones have revolutionized how we all stay in touch with each other. They provide instant access to friends, family, and work. However, just because they provide instant access doesn’t mean you have to use them at every moment.
That’s especially true when driving a car. It’s also the reason why New Jersey and other states have instituted distracted driving laws.
These laws are designed to discourage drivers from driving while distracted.
Unfortunately, even with the laws in place, there are still car accidents caused by distractions.
Overview of New Jersey’s Primary Distracted Driving Laws
How bad is distracted driving? Consider these facts compiled by the New Jersey Department of Transportation.
- From 2012 to 2016, there were 800,000 crashes in New Jersey attributable to distracted driving.
- 8% of all drivers under the age of 20 who were involved in fatal crashes were reported to be distracted at the time of the crash.
- 20% of teens and 10% of parents admit that they have sent multi-message texts while driving.
When you consider that when a driver sends a text, their eyes can be taken off the road for 4.6 seconds. If they’re driving at 55 mph, that 4.6 seconds is equal to driving the length of the entire football field with your eyes closed.
New Jersey’s primary distracted driving law went into effect on March 1, 2008. The key aspects include the following:
- Handheld Ban: It is illegal to talk, text, or use handheld wireless devices while driving.
- No-Use Under 21: Any driver under 21 with a probationary license or permit is prohibited from using any device, including hands-free devices.
- “No Touch” Policy: The law mandates that devices be hands-free, such as operated by Bluetooth or voice commands.
First-time offenders face fines of $200-$400. A repeat offender can face a fine of up to $800. They can also face three license points and a potential license suspension.
It is also important to note that distracted driving is not restricted to cell phone use. It can also include these activities:
- Grooming, such as brushing hair
- Applying makeup
- Eating
- Drinking
- Smoking
- Adjusting the navigation system
- Tending to pets or children
Kulesh’s Law and Criminal Charges for Distracted Drivers
In 2012, New Jersey lawmakers signed a statute that amended the distracted driving laws.
It was named the Kulesh, Kubert, and Bolis Law in honor of Helen Kulesh, David and Linda Kubert, and Toni and Ryan Bolis, who were killed or severely injured by drivers using cell phones.
The law stipulates that a driver who uses a handheld cell phone and gets into an accident that causes a fatality or injury can be prosecuted for vehicular homicide or assault by auto.
These charges are clear evidence of reckless driving that can support a personal injury claim.
Getting Legal Help After an Accident Caused by a Distracted Driver
Whether your crash with a distracted driver happened on the New Jersey Turnpike, I-295, Route 70, or a local Cherry Hill roadway, it is important to get the support of a skilled attorney to help gather the evidence you’ll need to prevail.
You might not have immediate access to the at-fault driver’s phone records, but the attorneys at the Folkman Law Offices can lock it down.
We have extensive experience going after distracted drivers to hold them accountable for their reckless driving. When you present strong evidence to an insurance carrier, they’re more likely to settle for what you’re asking for. We’ll always keep the option to file a lawsuit on the table. Our goal is to find a quick resolution for the maximum amount of damages you’re entitled to.
If you were injured by a distracted driver, you need to schedule a consultation with the legal team at Folkman Law Officers.
We can help you better understand your legal options and the next steps to seek a remedy.
