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Distracted Driving Accidents

Determined Injury Attorneys Help Victims of Distracted Driving Accidents in NJ

Skilled and aggressive representation focused on positive results

Anyone who gets behind the wheel of a motor vehicle has a duty to drive with reasonable care. Unfortunately, too many drivers do not take that duty seriously. They don’t concentrate on the road, are too easily distracted, and often seem more interested in relieving their boredom than getting to their destination safely. The result is often a serious accident, made even more tragic because it was so easily avoidable. If you’ve been the victim of a distracted driver anywhere in New Jersey, the auto accident attorneys at Brach Eichler are prepared to help. We have a solid track record when it comes to investigating collisions and proving liability against careless drivers. We can help you obtain a fair settlement with an insurance company or fight effectively in court to win the compensation you deserve.

Common distracted driving behaviors that cause accidents in New Jersey

A State Police analysis of 2016 fatal crashes in New Jersey shows that driver inattention remains the leading cause of death on Garden State roadways, more than speeding or driving under the influence. Common behaviors that lead to distracted driving accidents include:

  • Cell phone use to talk or text
  • Eating and drinking
  • Reaching for objects
  • Personal grooming
  • Adjusting the car stereo
  • Carrying on animated conversations with passengers
  • Yelling at children in the back of the car
  • Rubbernecking

Nationwide there were 3,450 people killed in distracted driving crashes in 2016. The worst offenders are young drivers, who have grown up with smartphones and have developed a dependency on the constant stimulus these gadgets provide.

New Jersey cell phone use law

New Jersey has one of the strictest cell phone driving laws in the country. NJ Rev Stat § 39:4-97.3 (2013) prohibits “the use of a wireless telephone or electronic communication device by an operator of a moving motor vehicle on a public road or highway… except when the telephone is a hands-free wireless telephone or the electronic communication device is used hands-free….” However, even when using the phone in this manner, the law requires “the operator” to drive with “a high degree of caution.” The law allows exceptions for drivers who use hand-held devices to contact police when they feel they are in danger of criminal activity or when they are reporting an emergency.

Fines for violating this law are as follows:

  • First offense — $200 to $400
  • Second offense —$400 to $600
  • Third or subsequent offense — $600 to $800, three license penalty points, and a possible 90-day ban on highway driving

Drivers who violate this statute and, in doing so, cause an accident that kills or harms another person are liable for criminal prosecution and a lengthy prison sentence.

However, using a hands-free device to make a phone call still involves a potentially dangerous degree of distraction. Studies have shown that the conversation itself, not the manipulation of the phone in hand, is the most distractive element of this activity. All drivers should keep in mind the first rule of driving: Keep your eyes and your mind on the road.

Proving distraction in a New Jersey auto accident

If an injured party can prove that another driver was distracted just prior to the crash, it becomes much easier to establish legal liability for the accident and the injuries that resulted. When we investigate an accident, we look at physical evidence of a distraction, such as a spilled drink in the car’s interior. We also interview drivers carefully to get the distracted behavior on record. Victims of accidents often recall things the other driver said that suggest he or she wasn’t paying attention. We also subpoena cell phone records to see if there was a phone call or a text message made around the time of the crash. By assembling strong proof of liability, we build a compelling case to recover the full compensation you deserve.

Contact our accomplished NJ lawyers for your distracted driving accident

Brach Eichler Personal Injury provides capable and aggressive representation for victims of distracted driving accidents throughout New Jersey. Let us help you obtain the full personal injury compensation you deserve. Call us today at 973-364-8300 or contact us online to schedule a free consultation.

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If you have been involved in a motor vehicle accident, call us. We are here for you. The consultation is Free. You will not pay any fees unless we win your case, because here at Brach Eichler, it's all about getting results for you.

Our Verdicts & Settlements


  • $5.8 Million Settlement Brach Eichler Obtained a $5.8 Million Settlement on Behalf of Injured Client
  • $5.35 Million Settlement Brach Eichler Obtained a $5.35 Million Settlement at Trial on Behalf of a Pedestrian Struck by a Tractor Trailer
  • $4.8 Million Settlement Brach Eichler Obtained a $4.8 Million Settlement on Behalf of a Woman Injured in a Trucking Accident

Meet Our Trial Attorneys


The trial attorneys at Brach Eichler have decades of experience with personal injury litigation. We understand the difficulties accident victims experience. Our staff is especially skilled at dealing with medical providers and insurance companies to navigate these claims and allow you to focus on what is truly important - getting back to health.

What Our Clients Are Saying About Us


  • "Best personal injury law firm in New Jersey! My case was not a simple case, but Ed Capozzi and his team took it head on. It was a pleasure to deal with Ed Capozzi and Corey Dietz. All their knowledge and fast response to any questions I had throughout the case made it easier on me. I can’t forget about Mr. Capozzi’s wonderful paralegal. Ella Twardowski was a pleasure to talk to and work with. Everybody was kind and thoughtful. This team of attorneys never made me feel like I was just another case. They make you feel like friends. If you need an personal injury lawyer, give Ed Capozzi and Corey Dietz a call! They won't let you down! Thanks to everyone at Brach Eichler! You guys rock!"

    Matt Wislocki
  • "I would never choose another law firm!! Mr. Edward Capozzi and Valentina treated me like family. I was scared to go to court but when I did, he was very aggressive and fought for me. I got so much money for my case!! I can't say it enough, THANK YOU!! THANK YOU!!"

    Margarita C.
  • "Brach Eichler is a top notch law firm. I worked specifically with Mr. Capozzi, and was very impressed with his knowledge of personal injury law, and his commitment to ensuring I got the result I deserved."

    Stephen Quigg
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If you have been injured in an accident, call us! We are here for you 24 hours a day. The consultation is free. You will not pay any fees unless we win your case, because here at Brach Eichler, it is all about getting results for you.
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