One Text Away: NJ Transit’s Distracted Driving Problem

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By Michael J. Epstein

 

When most people think of distracted driving, they picture a teenager scrolling through TikTok at a stoplight. But in New Jersey, distracted driving is a far broader—and far deadlier—problem. It includes bus and transit operators, the very people we trust to carry thousands of passengers safely every day.

As a lawyer in New Jersey who represents injured people, I can’t count the number of times I’ve seen an NJ Transit driver deviate from their own policies. These are people who work hard and generally do a good job, but sometimes they don’t think about the consequences of not following protocol. A single moment of inattention—checking a phone, glancing at paperwork—can change lives forever.

The law here is clear: N.J.S.A. 39:4-97.3 makes it illegal to use a handheld cellphone while operating a vehicle. For commercial drivers, the consequences are even sharper—fines up to $1,000, license suspensions, and even potential criminal charges if a crash turns fatal. NJ Transit has its own internal rules that go further, including immediate removal from service for drivers caught violating these standards. On paper, at least, the safeguards exist.

But on the ground, it often looks different. We’ve all seen it: a bus driver with one hand on the wheel and the other on a phone, or worse, shuffling paperwork while navigating traffic. It takes just one moment of distraction for a catastrophic crash to occur.

And when that happens, the liability doesn’t stop with the individual driver. Under the doctrine of respondeat superior, NJ Transit itself can be held accountable for its employees’ negligence. If there are gaps in training, supervision, or enforcement, the agency may be found responsible not just for the bad act, but for the system that allowed it. For passengers, the road to accountability is tricky—under New Jersey’s Tort Claims Act, a Notice of Claim must be filed within 90 days of the incident. Miss that window, and the opportunity for justice may vanish.

This isn’t about demonizing drivers. I know how hard they work and how many lives they carry safely from Point A to Point B every single day. But it is about recognizing that even a brief lapse—answering a text, writing down a note—can have devastating consequences when a bus weighing tens of thousands of pounds is in motion.

For riders, the takeaway is clear. Distracted driving by a transit operator creates a legal domino effect: criminal exposure for the driver, civil exposure for both the driver and NJ Transit, and a race against the clock for passengers to preserve their rights. Strict adherence to safety rules isn’t just an internal guideline—it’s a matter of public trust.

If New Jersey wants its transit system to be as reliable as its commuters deserve, there’s no room for divided attention behind the wheel. Because when your driver is one text away from disaster, so are you.

 

About Michael J. Epstein

Michael J. Epstein, a Harvard Law School graduate, is a trial lawyer and managing partner of The Epstein Law Firm, P.A., a law firm based in New Jersey.