The Scariest Thing on Halloween Isn’t the Costumes—It’s Distracted Driving

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Law.com | October 25, 2025 | By Michael J. Epstein

Every Halloween, car crashes involving distracted drivers spike. And for pedestrians—especially children—that risk can turn deadly in a heartbeat.

Michael J. Epstein of The Epstein Law Firm. Courtesy photo

The glow of jack-o’-lanterns, the laughter of kids in costumes, the crunch of leaves underfoot— Halloween should be one of the happiest, most memory-making nights of the year. But beneath the candy and costumes lurks a danger that’s all too real. Every Halloween, car crashes involving distracted drivers spike. And for pedestrians— especially children—that risk can turn deadly in a heartbeat.

According to federal data, Halloween consistently ranks among the deadliest nights of the year for pedestrians. One study found that children are more than twice as likely to be hit by a car on Halloween than on any other night. The reasons aren’t mysterious: poor lighting, unpredictable movement, excited kids running into the street—and drivers whose attention is split between the road and their phones, music, or navigation systems.

In our era of constant connectivity, distraction has become the new drunk driving. It’s not just the driver who’s texting or scrolling through social media—it’s also the parent glancing at GPS directions or the rideshare driver juggling multiple app notifications. The result is the same: reduced reaction time, impaired judgment, and tragic consequences.

When Distraction Becomes Negligence

Legally speaking, distracted driving is more than just careless—it’s negligent. Under New Jersey law and in most jurisdictions, every driver owes a duty of care to operate their vehicle safely and attentively. When that duty is breached—by texting, calling, or even briefly taking eyes off the road—and someone is injured, liability follows.

That duty of care is especially heightened on nights like Halloween. It’s entirely foreseeable that children will be walking along residential streets, sometimes in dark costumes, sometimes darting between houses. Foreseeability is a key concept in negligence law: when the risk of harm is predictable, the obligation to prevent it grows stronger. So on Halloween, there’s no gray area— every driver knows the risks. Choosing to be distracted anyway isn’t an accident. It’s a choice.

As an attorney who’s spent decades representing victims of car crashes, I’ve seen how a few seconds of inattention can devastate families. A child’s life forever changed. A parent’s worst nightmare realized. And often, it comes down to that one moment when a driver looks away—to check a message, to adjust a playlist, or to take a photo.

The Illusion of Multitasking

Many drivers still believe they can multitask behind the wheel—that glancing down for “just a second” doesn’t count as real distraction. But studies consistently show that even a two-second glance away from the road doubles crash risk. A five-second distraction at 55 mph means traveling the length of a football field blindfolded.

And the problem isn’t limited to cell phones. Built-in infotainment systems, touch-screen controls, and hands-free devices all create what safety experts call “cognitive distraction”—the mental detachment from driving even when your hands are on the wheel and your eyes appear to be forward. It’s the same reason you can drive several blocks and not remember doing it. On Halloween, that kind of autopilot is dangerous.

The Season of Risk

Halloween also marks the start of what could be called the “season of distraction.” As daylight savings ends, evenings grow darker, weather worsens, and holiday stress mounts. Between October and New Year’s, roadway fatalities rise sharply—a pattern fueled by distraction, fatigue, alcohol, and sheer hurry.

In this stretch of the calendar, we’re all more prone to split focus—between parties, errands, and the constant digital noise of modern life. But for anyone behind the wheel, the rule should be simple: drive or don’t drive. There’s no middle ground.

Shared Streets, Shared Responsibility

Communities can and should play a role too. Local governments can improve lighting and visibility in high-traffic residential areas, enforce speed limits, and promote public-safety campaigns reminding drivers to slow down and stay alert. Parents can talk to their children about safe routes and visibility —respective tape, flashlights, and group trick-or-treating all make a difference.

But while awareness helps, accountability matters more. When a distracted driver injures someone, the law provides recourse. Civil claims for negligence or wrongful death are about more than compensation—they’re about deterrence. Every case that holds a distracted driver responsible sends a message: attention behind the wheel isn’t optional. It’s a duty.

The Human Cost

These cases are painful, but they’re also preventable. And that’s what makes them so haunting. When we talk about distracted driving, we’re not talking about unavoidable accidents. We’re talking about lapses—moments of inattention in a world already full of warnings. A Call for Vigilance

So as Halloween approaches, here’s my plea—not as a lawyer, but as a father and member of this community. If you’re driving, put the phone away. Slow down. Expect the unexpected. A child’s costume might not be visible. A group might cross outside the crosswalk. A distracted driver could turn a night of laughter into a lifetime of grief.

The law will hold people accountable when it must, but we shouldn’t need a lawsuit to remind us what’s right. Safety starts with attention.

Because the scariest thing about Halloween isn’t what’s lurking in the shadows—it’s what’s glowing in a driver’s hand.

Michael J. Epstein is the managing partner of The Epstein Law Firm, P.A., and has represented hundreds of victims and families impacted by transit, pedestrian and traffic-related injuries in New Jersey.