NJ’s Proposed Step Forward May Be a Step Too Far

New Jersey Senate Bill S192, introduced January 13, 2026, would allow residents diagnosed with a traumatic or acquired brain injury to voluntarily add a designation to their driver’s license or state ID. The notation, stored in a Motor Vehicle Commission registry accessible to law enforcement, aims to improve interactions between officers and brain-injured individuals.

The bill is sponsored by Senate Transportation Committee Chair Senator Patrick Diegnan, with Senator Parker Space among its co-sponsors, making it a bipartisan measure. “[Individuals with brain injuries] often have differing communication styles and body language, which an officer could misinterpret. Having a designation would help to lower the risk of negative encounters,” states Diegnan.  This is not Diegnan’s first push on the issue. Predecessor bills S3673 and A2961 carried over from the 2024 – 2025 session.

Other states have already enacted comparable measures. Virginia allows residents to voluntarily add a traumatic brain injury designation to their driver’s license or ID card through the DL-145 form. Maine has codified acquired brain injury identification cards under Title 29-A, §1410-A of state statute. While New Jersey, Virginia and Maine may politically lean left, the contents of the bill are bipartisan, in relation to state. In right-leaning Tennessee, Code § 55-50-307 provides a similar acquired brain injury designation for driver’s licenses and photo ID cards.

Proponents argue the bill saves lives by reducing dangerous miscommunications during traffic stops. Critics, however, raise civil liberties concerns, as a visible disability marker could expose individuals to stigma, implicit bias, or unequal treatment. Well-intentioned protection could inadvertently promote discrimination against the brain-injured population.

What will happen to S192 in New Jersey remains uncertain. Since introduction, the Senate Transportation Committee passed it with amendment by a unanimous 6–0 vote on February 5, 2026. It now sits in Senate Budget and Appropriations Committee, before being sent to the Senate and Assembly.

Brain Injury Prevention on the Slopes

Katie Watt, captain of the Bates College Nordic ski team, filed suit in December 2025 after a 597-pound unsecured bench shelter struck her during track practice in October 2024, causing a skull fracture and traumatic brain injury. The case, still pending, alleges the college failed to anchor equipment despite 30 mph winds.

Maine’s ski statute 32 M.R.S. §15217 establishes that skiers accept inherent risks, including terrain, weather, and collisions, “as a matter of law,” while preserving claims for negligent operation or maintenance. Similar statutes exist in Colorado, New Hampshire, and Utah, while Vermont statues uniquely void all liability waivers. (I was told by a lawyer that, based on their experience in New Jersey, a ski slope operator is culpable only when gross negligence is proven, such as if they dug a deep hole in the slope terrain.)

Evidence-based TBI prevention emphasizes helmet use which reduces head injury risk by 29-60%. Additionally, avoid terrain parks (31% higher head injury risk), and stop skiing by mid-afternoon when 40% of injuries occur. Groomed intermediate runs, proper lessons, and pre-season conditioning significantly reduce risk.

With proper precautions, skiers can enjoy the slopes safely while understanding their legal responsibilities.