What If the At-Fault Driver Was Texting?

Texting while driving is a leading cause of car accidents in New Jersey. If you have been injured in a collision and suspect the other driver was texting, it’s crucial to understand your rights and how this affects liability. An experienced Morris County Car Accident Attorney can help you navigate these complex matters and fight for the justice you deserve. Keep reading to learn more. 

Why is Texting While Driving Dangerous?

Texting while behind the wheel remains a pervasive and preventable cause of car accidents in New Jersey, despite significant public awareness and existing laws. The National Highway Traffic Safety Administration (NHTSA) underscores the gravity of this issue, stating that reading or sending a text for merely 5 seconds while traveling at 55 mph is akin to traversing an entire football field blindfolded. This stark comparison highlights the inherent dangers of distracted driving and its propensity to cause crashes due to inattention.

How Can Texting Impact Liability for an Auto Accident?

When a driver texts while driving and causes a crash, they can generally be held liable under the legal doctrine of negligence per se. This concept applies when an individual violates a law or regulation designed to protect the public. Negligence per Se simplifies the process of proving negligence by automatically establishing a breach of duty through the defendant’s violation of a law. This eliminates the need to demonstrate the driver’s failure to act reasonably, holding them liable for any resulting damages.

It’s important to note that texting while driving can also impact the damages you can receive. This dangerous driving behavior may be deemed reckless, leading to increased compensation and even punitive damages being awarded. These damages are not meant to compensate the victim for their losses but rather to punish the defendant for their egregious conduct and discourage similar actions in the future.

How Can I Prove the At-Fault Driver Was Texting?

To successfully pursue compensation for injuries sustained as the plaintiff in a personal injury case, it’s imperative to demonstrate the defendant’s negligence. To show the driver was distracted by their phone at the time of the crash, you should gather the following evidence:

• Cell phone records
• The official police report and law enforcement testimony
• Witness statements
• Traffic camera footage
• Dash cam footage

In some cases, drivers may confess to distracted driving. If they accept accountability, it might be possible to secure a settlement through their insurance or negotiations out of court, potentially avoiding a trial.

At Lutz Injury Law, we are prepared to help you collect evidence to support your claim and fight for the compensation you deserve. Connect with our firm today to learn how we can assist you during these difficult times.