The Hidden Dangers of Distracted Driving in PA & NJ: Proving Fault When Technology Plays a Role
The Ongoing Issue:
Distracted driving has become a pervasive issue on the roads of Pennsylvania and New Jersey. With the increasing reliance on technology, drivers are more prone to distractions, leading to a surge in motor vehicle accidents. Understanding the legal implications and knowing how to prove fault when technology plays a role is crucial for victims seeking justice.
The Rise of Distracted Driving Incidents
In recent years, both Pennsylvania and New Jersey have witnessed a significant increase in accidents attributed to distracted driving.
Pennsylvania: In 2023, the state reported over 11,200 crashes due to distracted driving, surpassing alcohol-related incidents .
New Jersey: Distracted driving accounted for 50% of all crashes in the state in 2024 .
These alarming statistics highlight the need for stringent laws and public awareness to combat the dangers of distracted driving.
Understanding State Laws on Handheld Devices
Pennsylvania: Paul Miller’s Law
Effective June 5, 2025, Pennsylvania will enforce “Paul Miller’s Law,” named after a young man who tragically lost his life due to a distracted driver. This law prohibits drivers from holding or supporting a mobile device while driving, even when stopped at a red light or in traffic. Hands-free use is permitted only through mounted devices and a single button press. Violators will receive written warnings for the first year, with $50 fines plus court costs starting June 5, 2026.
New Jersey: N.J.S.A. 39:4-97.3
New Jersey enforces strict laws against handheld device use while driving. Under N.J.S.A. 39:4-97.3, it’s illegal to use a handheld phone while operating a vehicle. First-time offenders can face fines of up to $400, with increased penalties for subsequent offenses, including potential license suspension.
Proving Fault in Distracted Driving Accidents
Establishing fault in accidents involving distracted driving, especially when technology is involved, requires meticulous evidence collection:
Phone Records: Obtaining the driver’s phone records can reveal if they were texting or calling at the time of the accident.
Witness Statements: Eyewitnesses can provide accounts of the driver’s behavior leading up to the crash.
Police Reports: Official reports often contain observations about potential distractions.
Surveillance Footage: Nearby cameras may capture the driver’s actions before the incident.
Collecting and presenting this evidence is crucial in building a strong case against the negligent party.
Steps to Take After an Accident
If you suspect that distracted driving played a role in your accident:
Seek Medical Attention: Prioritize your health and get a thorough medical evaluation.
Document the Scene: Take photographs of the vehicles, road conditions, and any visible injuries.
Gather Witness Information: Collect contact details of any witnesses.
Report the Incident: File a police report detailing your observations.
Consult a Personal Injury Lawyer: Engage with experienced attorneys, like those at Edelstein Law, to guide you through the legal process.
Questions About Distracted Driving?
We Have Answers
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Answer: Distracted driving includes any activity that diverts attention from driving, such as texting, using a phone, eating, or adjusting the radio.
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Answer: Yes, phone records can indicate if a driver was using their device at the time of the accident, supporting claims of distracted driving.
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Answer: Yes, both Pennsylvania and New Jersey allow the use of hands-free devices while driving.
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Answer: In Pennsylvania, the statute of limitations is two years from the date of the accident. In New Jersey, it’s also two years.
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Answer: Edelstein Law conducts comprehensive investigations, gathers compelling evidence, and provides expert legal representation to ensure clients receive just compensation.
How Edelstein Law Can Assist
At Edelstein Law, our team of dedicated personal injury lawyers, specializes in cases involving distracted driving. Serving clients in Philadelphia, across Pennsylvania, and New Jersey, we are committed to:
Thorough Investigation: We meticulously gather evidence to establish fault.
Expert Legal Representation: Our attorneys advocate fiercely to ensure you receive the compensation you deserve.
Personalized Support: We provide compassionate guidance throughout your legal journey.
If you’ve been injured in a motor vehicle accident due to a distracted driver, contact Edelstein Law today for a free consultation.
