Driving with Purpose: Why Defensive Driving Isn’t Optional on New Jersey Roads

I. The Moment Behind the Wheel: Distraction, Responsibility, and the Roads We Share

We see it every day and maybe even do it ourselves. A quick glance at an incoming notification or brief response to a text message. But behind the wheel, those moments are not innocent. They’re loaded with risk; social media has only amplified this, turning distraction into a reflex, and making it easier than ever to normalize dangerous behavior behind the wheel. And as someone who has sat across from families who have lost everything over a glance at a screen, I can tell you: it can wait.

April is Distracted Driving Awareness Month, and in New Jersey, the statistics are sobering. Distracted driving is the No. 1 cause of fatal crashes, claiming nearly a quarter of all lives lost in traffic accidents in the state^[i]. Even more alarming, half of all New Jersey crashes in 2023 involved a distracted driver, meaning that every other accident you hear about stemmed from someone taking their attention off the road. According to the state’s Division of Highway Traffic Safety, those crashes led to 160 fatalities and over 1,400 serious injuries.^[ii]  These aren’t just statistics; they represent real families, real people, and real loss.

While distracted driving has taken center stage this month, there is another side of the equation that deserves equal attention – what we can actually do to prevent it.  If distracted driving is the problem, defensive driving is the antidote. These aren’t interchangeable ideas; they’re two sides of the same coin. One is about taking your eyes off the road. The other is about keeping your mind on it.

Defensive driving isn’t just a class you take to knock points off your license. It’s a daily decision. And with the recent crashes on Route 10 and the diversion of Route 80 traffic into our neighborhoods due to ongoing sinkhole repairs, the pressure on our local roads has only intensified. This is not just an article. It is also a public service announcement. In places like Randolph, Rockaway, and surrounding towns, where roads wind around lakes, school zones back into two-lane traffic, and mergers come fast and unannounced, defensive driving is non-negotiable.

I’m Dennis Shlionsky. I handle personal injury cases every day across New Jersey. I’m also a local dad who drives those same roads to get my kids to school, to games, and to dance class.  So, I’m not speaking from a podium. I’m speaking from the driver’s seat.

If you think defensive driving is about being paranoid, you are missing the point. It’s about being present. It’s about protecting your family, your neighbors, and everyone else on the road.

II. Defensive Driving and Common Sense

Defensive driving isn’t a buzzword or what we regurgitate on DMV tests. It is a decision. A conscious choice to drive with foresight, accountability, and calm. And its foundation, legally speaking, is one of the most important concepts in personal injury law: foreseeability.

In the courtroom (and in life), foreseeability refers to whether a reasonable person should have anticipated the risk their actions or inactions might pose to others. It’s a foundational concept in negligence law. If a driver’s actions created a danger that a prudent person would have foreseen, and someone got hurt as a result, that driver may be liable.  And out on the road, that question comes to life in every blink, every brake, and every decision you make.

Defensive driving is rooted in that same concept. It says: I may not know what is going to happen next, but I accept that things can go wrong, and I’m ready for that possibility.

As defined by the National Safety Council, defensive driving means “driving to save lives, time, and money, in spite of the conditions around you and the actions of others.” But definitions do not keep you out of the ER. Good habits, judgment and awareness do.

Here’s what it looks like in real life.

• Foreseeable risk: Tailgating on wet pavement. We all know how that ends.
• Foreseeable distraction: Checking your phone at a red light.
• Foreseeable harm: Failing to yield in a school zone.

When we build cases, we don’t just ask, “What happened?” We ask, “What should have been expected?” Defensive driving removes the guesswork—it replaces assumption with attention. The law doesn’t demand perfection. It demands reasonableness.

Defensive driving is not about being perfect either. It is about driving to anticipate (or understand) what can happen and adjusting your actions (or inactions) before someone gets hurt.

Here’s what it looks like in real life:

• Keep space like it’s armor.
• Watch behavior, not blinkers.
• Anticipate chaos at green lights, not just red ones.
• Assume the person behind you might not be looking up.

And here is what it is not:

• It’s not being slow. It’s being strategic.
• It’s not giving up control. It’s taking responsibility.

On New Jersey roads, especially in Morris County, you’re not just steering a vehicle. You are navigating other people’s distractions, impulses, and blind spots.

In law, and in life, foreseeability is responsibility. Defensive driving is how we carry that responsibility, mile after mile.

III. The Law Behind The Wheel: What Every Driver Is Expected to Know

New Jersey may not use the phrase “defensive driving” in statute, but it is everywhere in the code, and it shows up in almost every claim we touch:

• N.J.S.A. 39:4-89 – Following too closely
• N.J.S.A. 39:4-144 – Failure to yield
• N.J.S.A. 39:4-88 – Improper lane change
• N.J.S.A. 39:4-97 – Careless driving
• N.J.S.A. 39:4-92.2 – Move Over Law (Requires drivers to move over or slow down when approaching authorized emergency or maintenance vehicles with flashing lights)
• N.J.S.A. 39:4-97.3 – Hand-Held Use (Prohibits hand-held use for all drivers and any use, including hands-free, for drivers under 21 with a learner’s permit or probationary license)

These are not technical violations. They are missed chances to do the right thing. Every case I’ve worked, from Randolph to Roxbury, starts the same way: with a driver who assumed the other person was paying attention and doing what they were supposed to. Defensive driving removes that  presumption. It teaches us to expect the unexpected—to create enough space, patience, and awareness to let someone else’s mistake end in a sigh of relief, not a siren.

Insurance companies reference these statutes when assigning fault. Juries ask about them during deliberation.  But this is not about blaming people after the fact. It reminds us what is at stake before it happens. Your brake pedal isn’t just a tool. It is a decision-maker. A delay in a merge is not weakness. It is wisdom. Letting someone go ahead of you is not giving up.  It protects everyone’s future.

Not sure where to begin?  If you’ve never taken one, New Jersey State Defensive Driving offers online courses that reduce points, save on insurance, and, most importantly, teach you to see trouble before it happens. Think of it as a tune-up, not for your car, but for your judgment and your bank account.

IV. Crowded Roads, Greater Stakes: Why Defensive Driving Can’t Wait.

If you have driven Route 10 recently, dropping off your kids, commuting to work, or just trying to run errands, you have felt it.  The tension in the traffic. The long stoplights and increased police activity at intersections. The longer hesitations before a left turn where motorists are second-guessing their next move. That’s not just congestion. It’s a memory in the wake of a crash that that took too much from too many.

In April 2025, a devastating multi-vehicle crash in Randolph claimed four lives and injured several more, including young children and cherished members of our community. The grief has not faded, and the community has not moved on. It has adjusted.

And to make things even more unpredictable, Route 80 sinkhole repairs have detoured countless drivers through our smaller towns and local roads, which were never built for this volume or pace. Where Route 10 meets my town, three different agencies; state troopers, local PD, and county officers, often work side-by-side just to manage the growing congestion. Their presence is a signal that this is not “normal” traffic. This is a situation. One that demands more from every driver on the road.

This isn’t about blame. It is about balance. Our roads are overburdened. Our drivers are overstimulated. It is about understanding that every merge, every yellow light, every left turn now carries even more risk, simply because there are more cars, more variables and less margin for error.

We cannot control how many cars are rerouted through our neighborhoods. But we can slow down.  We can focus. We can drive like we have everything to lose. Because we do.

And state leadership is stepping up with the creation of The Target Zero Commission, a 13-member group consisting of state officials from the Department of Transportation (DOT), State Police, along with the Division of Highway Traffic Safety, the New Jersey Turnpike Authority, regional transportation officials, and others who will work together to make New Jersey’s roads safer for drivers and pedestrians. “As the most densely populated state in the nation, it is critically important that New Jersey uses all available tools to ensure that pedestrians, cyclists, and drivers share the road safely,” said Attorney General Matthew J. Platkin.^[iii]

In April 2024, the Attorney General’s Office and the Division of Highway Traffic Safety announced more than $1 million in grant funding to combat distracted driving across New Jersey. These funds went directly to 158 police departments statewide as part of the “UDrive. UText. UPay.” initiative, empowering local police to run high-visibility enforcement and public awareness campaigns (NJ OAG, April 2024).^[iv]

In Morris County alone, the following 2025 grants were awarded:

• Randolph: $8,750
• Roxbury: $7,000
• Rockaway Township: $7,000
• Mount Olive: $12,250

You can find a complete list of town grantees at  2025-New Jersey Grantee-List.^[v]

The message is clear: distracted driving isn’t just a bad habit. It’s a public safety emergency. And the state isn’t waiting until next year to fix it.

Defensive driving is not just a skill. It is a form of respect; for the road, for the community, and for every life that did not get the chance to make it home.

And yet, in today’s world, the biggest threat to that respect often fits in the palm of our hands.

V. The New Normal: Driving Through Distraction, One Ping at a Time

Phones do not just ring anymore. They ping, buzz, light up with news, likes, and reminders. And somewhere along the way, we started treating the front seat like a home office, a music studio, a live broadcast booth. That’s not multitasking. That’s a minefield. And the danger does not start with the crash. It starts with the scroll.

Social media has not just changed how we communicate; it has changed how we drive.  And the shift is not just culture. It is deadly.

Let’s talk numbers:

• 32,081 + lives were lost in crashes involving distracted drivers from 2014 – 2023^[vi]
• 324,819 people injured in 2023 crashes involving distracted drivers^[vii]
• 13% of all police-reported crashes in 2023 were reported as distraction-affected
• 58% of teen crashes involve distraction within six seconds of impact. (AAA Foundation)
• 49% of all NJ crashes in 2022, lead to 183 deaths (more than a quarter of all traffic fatalities in the state)^[viii]
• Teen drivers are especially vulnerable. In one recent year, 34 teenage drivers and 8 teen passengers were killed in car crashes. The next year, 19 teen drivers and 14 passengers lost their lives.
• New Jersey has the second-highest rate of fatal crashes due to distraction in the country, with 22% of all distracted driving accidents involving cell phones^[ix]
• And yes, in courtrooms across New Jersey, screenshots, location data, and social timestamps are admissible (and damning)

TikTok does not come with a seatbelt.  And the moment you go live from behind the wheel, you are gambling; not just with your own safety, but with the lives around you. I have had clients (young, older, parents, professionals) who were hit by someone doing something “quick.”  None of it was quick to recover from.

And no, this is not just about teenagers.  I have seen adults toggle Spotify, scroll Zillow, and check work emails, all while rolling through intersections. Distracted driving is an equal opportunity danger.

So, let’s make the shift. Your car is not a space to catch up. It is a space to stay alive. Because while your group chat might wait, the stop sign will not. And neither will the car in the oncoming lane.

Here are a few simple actions you can take right now to reduce distraction on the road:

• Activate your phone’s “Do Not Disturb” feature, silence notifications, or put your phone in the trunk so you won’t be tempted to respond.
• Speak up if you see someone texting and driving. Ask them to put their phone away.
• Appoint your passenger as the “designated texter” to respond to calls or messages.

Parents. This part is especially for you. The New Jersey Division of Highway Traffic Safety, DriveSmart NJ, AAA, and the National Safety Council all offer downloadable pledges and family driving plans. Use them. Talk about them at dinner. Sign them with your kids. We don’t build habits overnight, but we can start at home.

Let’s build a tradition in the car that values safety over speed. Our kids are watching.

VI. Lessons from the Backseat: A Family Driving Agreement Because Habits Start Early

If you are a parent like me, you know that the driving conversation does not start when your kid gets their license (or their permit). It starts years earlier, when they are watching you from the backseat.  The way you handle stress, the way you check your phone, the way you navigate the unexpected and how you respond.

Long before they ever touch the gas pedal, they are soaking in your habits. That is not just observation.  It is an instruction.  And whether we mean to or not, we are handing them a roadmap, one drive at a time.

Sometimes it is a passing comment from the backseat about how fast we are driving to make it to gymnastics. Other times, it is a sharp observation about a too-tight turn made by a grandparent.  Kids pick up more than we think, and they repeat more than we wish. They are narrators, critics, and mirrors.  If we are lucky, they will hold us to the same standards we hope they will live by when it is their turn in the driver’s seat.

And when that time comes, when the keys are in their hands and we are no longer in the passenger seat, the conversations we’ve had leading up to it will matter.  Which brings us to one of the hardest, and most important, parts of all this: talking to our kids about safe driving.

To help guide the process, we have included a Downloadable AAA Family Driving Agreement; something you can sit down and fill out with your child.  It is not just about rules. It is about expectations, values, and protecting what matters. This agreement covers:

• No texting or phone use while driving
• Passenger responsibilities
• Curfews and boundaries
• Safe communication in emergencies
• A shared commitment to driving distraction-free

It is not legally binding. But it might be the most important thing you sign together.
Because what comes next, including the habits, honesty, and the follow-through, is where it really counts.  And that brings us to the hardest part of all: how we turn these lessons into something that sticks.

VII. How to Help Your Kids Become Safer Drivers

This part is not easy, but it is necessary.

Driving is a privilege, not a right. And as exciting as it is to watch your teens gain that independence, it comes with a very real concern: their safety.  Setting clear, practical boundaries is one of the best things you can do.  When expectations are clear, consequences are understood, and communication is open, your teens are better equipped to make safe choices when it counts most.

But rules only go so far without context—and trust. It’s not just about setting limits; it’s about building understanding. The more real the conversation, the more likely it is to stick.

Talking to your kids about driving does not need to be a lecture. It should feel like an ongoing conversation.  One that starts before they ever sit behind the wheel (and it sticks when we keep it honest.)  That means looking at what is happening on our own roads, in our own towns, and using that as the starting point.

Because the reality is, these risks are playing out every day, right here at home. Stop signs outside local high schools are ignored more often than they are respected. Winding roads with no shoulder are filled with impatient drivers tailgating around blind curves. And too many intersections look like four-ways, they are not. They catch people off guard more than they should. These are not rare issues. They are everyday moments. And they’re exactly what our kids need to learn to see coming.

So yes, talk to them. Ask questions. Share what you have seen. Let them know driving is not about being perfect. It is about being aware. And the more we model that, the more they will carry it with them.

Here are a few tips that have helped families I’ve worked with:

• Lead with empathy. Start with: “I trust you. And that’s why I’m taking this seriously.”
• Be transparent. Share stories (even your own mistakes). If they know this happens to real people, they’ll care more.
• Involve them. Ask what they’ve seen at school, in carpools, on social media. Let them talk.
• Set expectations together. Use the driving agreement. Sign it as a family. Frame it if you have to.
• Practice what you preach. If you tell them not to touch their phone while driving, model that. Every time you do it, you’re either reinforcing or undoing what you said.
• Take practice drives. Before they get their license, let them “narrate” a drive. Ask them to tell you what they’re noticing—traffic, distractions, possible risks. It builds awareness early.
• Talk about peer pressure. Discuss how to handle a car full of friends urging them to go faster or take a call. Give them scripts or language they can lean on in those moments.
• Revisit the conversation often. This isn’t one talk—it’s many. Check in after a few months. Ask what’s surprised them or what’s gotten harder. Let it evolve as they do.

And remember, our kids copy what they see. That means putting the phone down ourselves, especially at red lights.

Let’s give them something better to inherit than trauma. Let’s give them habits that stick.

According to the New Jersey Division of Highway Traffic Safety, motor vehicle crashes remain the leading cause of death for teenagers. But studies consistently show that teens whose parents actively set (and model) safe driving expectations are far less likely to take risks behind the wheel.

This isn’t about being perfect. It’s about being present. Every conversation counts. Every red-light matters. And every time we make the right choice; we give them one more reason to do the same.

VIII. Final Thoughts: Driving with Purpose in a World That’s Moving Too Fast

We live in a fast state, in a fast country, during a fast time. But some decisions are too important to rush. Defensive driving is not a trend, a course, or a checkbox on a to-do list. It’s a mindset. One that says every moment behind the wheel is a chance to keep someone safe, including ourselves.

As a lawyer, I’ve seen the aftermath. As a father, I pray to never live it. So whether you’re a seasoned driver, a first-timer, or a parent guiding someone new behind the wheel, I hope this piece served as more than just information. I hope it inspires you to recommit.

Our streets, our neighborhoods, and our families deserve better than split-second regrets.  It can wait.

Stay safe. Drive like it matters. Because it does.

About the Author

Dennis Shlionsky is Counsel with the firm’s Accidents/Personal Injury Practice Group, where he dedicates his practice exclusively to litigating personal injury cases of every kind and complexity, including automobile and trucking accidents, slip-and-fall and premises liability, broker malpractice, construction disputes, incidents involving public entities, and other catastrophic personal injury cases. Throughout his career, Dennis has recovered more than $30 million against insurers and corporations that refuse to fairly compensate families affected by life-altering circumstances.

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[i] Hasan, Ahmed Sajid, “INVESTIGATION OF DISTRACTED DRIVING EVENTS IN NEW JERSEY” (2021). Theses and Dissertations. 2953. https://rdw.rowan.edu/etd/2953

[ii] Hasan, Ahmed Sajid, “INVESTIGATION OF DISTRACTED DRIVING EVENTS IN NEW JERSEY” (2021). Theses and Dissertations. 2953. https://rdw.rowan.edu/etd/2953

[iii] Press Release, Office of the Governor of New Jersey, Governor Murphy Highlights Ongoing Efforts to Address Traffic Safety and Reduce Motor Vehicle Fatalities (Jan. 13, 2025), https://www.nj.gov/governor/news/news/562025/approved/20250113a.shtml.

[iv] Press Release, Office of the Attorney General of New Jersey, AG Platkin, Division of Highway Traffic Safety Announce Over $1 Million for Initiative to Combat Distracted Driving (Mar. 31, 2025), https://www.njoag.gov/ag-platkin-division-of-highway-traffic-safety-announce-over-1-million-for-initiative-to-combat-distracted-driving/.

[v] New Jersey Division of Highway Traffic Safety, Distracted Driving Crackdown “Put the Phone Away or Pay.” Final Grantee List (Apr. 1–30, 2025), https://www.njoag.gov/wp-content/uploads/2025/03/2025-0331_DDC-2025-Final-Grantee-List.pdf.

[vi] National Highway Traffic Safety Administration, Traffic Safety Facts: Distracted Driving in 2023, DOT HS 813 703 (Apr. 2025), U.S. Dept. of Transportation.

[vii] National Highway Traffic Safety Administration, Traffic Safety Facts: Distracted Driving in 2023, DOT HS 813 703 (Apr. 2025), U.S. Dept. of Transportation.

[viii] New Jersey Office of the Attorney General, Attorney General Platkin and Division of Highway Traffic Safety Award Over $1.2 Million to Combat Distracted Driving Statewide (Mar. 31, 2025), available at https://www.njoag.gov/ag-platkin-division-of-highway-traffic-safety-announce-over-1-2-million-for-initiative-to-combat-distracted-driving.

[ix] New Jersey Division of Highway Traffic Safety, Distracted Driving Social Media Toolkit (Mar. 2021), https://www.njoag.gov/wp-content/uploads/2021/03/8760-NJDHTS-Distracted-Driving-Toolkit-2.pdf.