Distracted Driving Accidents

New Jersey Distracted Driving Accident Attorneys

Distracted drivers cause serious accidents every day due to the use of their phones in the car, adjusting the stereo, talking to passengers, eating and drinking, grooming, and other reasons. If you were injured in a car accident where the other driver was distracted, you may be entitled to compensation. Talk to the attorneys of Brach Eichler Trial Lawyers to discuss your options.

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 Trial Lawyers 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.

Why Do I Need a New Jersey Distracted Driver Accident Lawyer?

Following a car accident caused by a distracted driver, you’re probably facing costly medical bills, emotional distress, and confusion about what your next steps should be. Let Brach Eichler Trial Lawyers stand up and fight for the full and fair compensation you’re owed.

If you have been the victim of a distracted driver accident, you could be entitled to serious compensation to cover current and future medical bills, physical therapy, emotional trauma, damage to your car, loss of wages, and more. Only an experienced New Jersey distracted driver accident lawyer can ensure that you receive a full and fair settlement to cover your damages and allow you to move forward after this traumatic event.

In filing a claim, there are many strict deadlines you have to follow. If you miss a deadline or file something incorrectly, you could lose out on the chance to ever receive compensation for your injuries. At Brach Eichler Trial Lawyers, we understand the legal process and will ensure that you don’t miss out on any possible avenues of compensation.

After an accident, you are very likely to be approached by an insurance representative from the other driver’s insurance company. It’s so crucial that you do not speak to anyone from the insurance company until you retain a lawyer.

Insurance reps will use every shady tactic in the books to keep from having to pay the full amount of compensation you deserve. The insurance company knows that they will have to pay a much more significant amount if you choose to retain a lawyer to negotiate on your behalf.

What’s more, individuals that retain an attorney typically get three times as much in settlements than those that choose to file a claim alone. Let us help you stand up to the big insurance companies and win the compensation you deserve. 

Why Choose Brach Eichler Trial Lawyers?

We know that there are many options for distracted driving accident lawyers in the Garden State. We hope you’ll let us prove to you why we’re the best law firm in New Jersey. At Brach Eichler Trial Lawyers, we let our results speak for themselves. Through a compassionate approach and aggressive litigation, we have won over $227 million in settlements for our clients.

Our team of attorneys works alongside medical professionals, accident recreation experts, investigators, and more to ensure that we build a strong case in your favor. At Brach Eichler Trial Lawyers, we know this is a challenging time for you, and we want to bring you the financial security you need to move forward from your accident.

Our lawyers have experience in a broad range of legal areas. We have the skills and experience necessary to handle a wide variety of cases, including the following:

  • Car accidents
  • Truck accidents
  • Motorcycle accidents
  • Construction accidents
  • Workplace accidents
  • Spinal Cord Injuries
  • Wrongful Death
  • Catastrophic Injuries
  • And more

Don’t let a distracted driver cause you any more pain or financial stress. Call us today at (973) 364-8300 to schedule your free initial evaluation.

Common Distracted Driving Behaviors in New Jersey

The U.S. Department of Transportation categorizes distracted driving into three main types: visual, manual, and cognitive. Visual distracted driving is when the driver takes their eyes off of the road. Manual distracted driving is when the driver takes their hands off of the wheel. Cognitive distracted driving is when the driver allows their mind to be distracted from the primary task of driving.

While all three types of distracted driving are hazardous, the most dangerous distraction comes from activities that involve more than one type – such as texting while driving. Those that text and drive have their eyes, hands, and mind focused on their phone instead of the road ahead of them.

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.

Common Distracted Driving Accident Injuries

Car accidents occur every day, leaving victims across the country with catastrophic and life-changing injuries. When a distracted driver hits another car due to their negligence, they can cause serious injuries or even fatalities.

Some of the most common distracted driving accident injuries include, but are not limited to, the following:

  • Head Injuries: Head injuries can range from minor injuries, such as bruises or minor concussions, to life-altering injuries like TMIs. When involved in a crash, it’s common for the driver and passengers to hit their heads on windows, the dashboard, or the steering wheel. In a more severe accident, like a car flipping, you could be left with brain tissue damage necessitating invasive surgery and an inability to work.
  • Back, Spine, and Spinal Cord Injuries: While some back injuries might result in minor bruising or sore muscles, more intensive damage can cause spinal cord injuries. Spinal cord injuries can lead to nerve damage and possibly even paralysis.
  • Whiplash: Amid a car accident, your body is forced to move in unnatural ways, causing muscle and tendon tears. One of the worst kinds of muscle injuries is whiplash. Whiplash is when the neck moves back and forth in a rapid, painful manner. The impact of whiplash can last for years, causing pain on a daily basis.
  • Broken Bones and Fractures: In the event of a crash, it’s easy for the physical impact to cause fractures or breaks to your bones. While smaller fractures can heal with a few weeks of rest, more seriously broken bones can call for costly surgeries and may take months to heal.
  • Emotional Trauma: Any traumatic event, such as a car accident, can lead to serious psychological injuries. Some individuals may develop PTSD or an aversion to driving. This level of anxiety is life-changing and can keep you from living your fullest life or being able to get where you need to go.

It’s important to remember that after any car accident, you must first go to a doctor and get a thorough medical examination. With heightened adrenaline, it’s easy for our bodies to cover up injuries and pains, so even if you feel that you are entirely unhurt, it’s necessary to get checked over and make sure.

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 New Jersey lawyers for your distracted driving accident

Brach Eichler Trial Lawyers 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 Trial Lawyers, it's all about getting results for you.

Our Verdicts & Settlements


  • $5.8 Million Settlement Brach Eichler Trial Lawyers Obtained a $5.8 Million Settlement on Behalf of Injured Client
  • $5.35 Million Settlement Brach Eichler Trial Lawyers Obtained a $5.35 Million Settlement at Trial on Behalf of a Pedestrian Struck by a Tractor Trailer
  • $4.8 Million Settlement Brach Eichler Trial Lawyers Obtained a $4.8 Million Settlement on Behalf of a Woman Injured in a Trucking Accident
  • $2.25 Million Settlement Brach Eichler Trial Lawyers Obtained a $2.25 Million Settlement for an Auto Accident Victim in Bergen County

Meet Our Trial Attorneys


The trial attorneys at Brach Eichler Trial Lawyers 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.

Meet Our Trial Attorneys


The trial attorneys at Brach Eichler Trial Lawyers 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 Trial Lawyers! 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 Trial Lawyers 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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