In New Jersey, car accidents involving texting and driving are unfortunately all too common. Determining liability in these cases can be complex, but understanding the legal framework surrounding distracted driving helps. Explore the various factors that come into play when determining liability in car accident cases involving texting and driving in New Jersey so you know what to expect.
Understanding Liability in Texting and Driving Cases
In car accident liability, the term “negligence” plays a fundamental role. Negligence implies a lack of caution or care that a reasonable person would exhibit under similar conditions. If you or another driver was texting behind the wheel, this can be seen as negligent behavior, contributing to the determination of fault. Evidence that a driver was texting at the time of the accident can significantly influence the course of the claim or lawsuit, often swinging liability toward the distracted driver.
Gathering Evidence in Texting and Driving Accidents
Evidence of texting while driving can be critical in these cases. The type of evidence used to establish this fact may vary, ranging from phone records and eyewitness testimony to more advanced measures like digital forensics. Digital forensics can help uncover any activity on the phone during or immediately before the accident, providing a solid foundation for a case. Surveillance footage from traffic cameras or nearby establishments can also serve as evidence. They can provide irrefutable proof of distracted driving at the time of the accident.
Legal Consequences of Texting and Driving
Texting and driving is considered reckless behavior under New Jersey law, leading to severe penalties such as fines and points on the driver’s license. These penalties can also influence how liability is determined and impact potential insurance claims.
According to N.J.S.A. 39:4-97.3, The penalty for a first offense of texting while driving includes a fine between $200 and $400 and 3 penalty points on your license. For subsequent offenses, the fines increase, and additional points may be added. If a driver accumulates 6 or more points within 3 years, they are required to pay a surcharge. Accumulating 12 or more points can result in license suspension. It’s also worth noting that insurance companies may increase premiums due to these points, further emphasizing the financial consequences of distracted driving.
Steps to Take After a Car Accident Involving Texting and Driving
In the chaotic aftermath of an accident, do your best to remember to:
- Gather as much information as possible. Start by documenting the scene. Consider details such as the time and location of the accident, the weather conditions, and any traffic signs or signals nearby. Try to recall and record any relevant details about the other vehicle involved, including the make, model, color, and license plate number. If the other driver was visibly using their phone while driving, make a note of this as well. Also, try to record any damage to your vehicle and the other vehicle involved in the accident, as well as any visible injuries to yourself or others.
- Obtain the contact information of any witnesses. Witnesses can offer a third-party perspective of the accident, which can be pivotal in winning legal proceedings. Their testimonies can help paint a more accurate picture of the incident and the parties involved. They may have also seen important details that can be missed by those directly involved in the accident, such as the texting activity of the offending driver. Having their contact information will allow you or your legal counsel to reach out to them for their account of the accident.
- Seek medical attention. Medical records serve as strong evidence, documenting the extent and severity of your injuries, and can directly link your injuries to the accident in question. This can be incredibly beneficial to your claim, as it provides concrete evidence of the impact the accident has had on your physical health. Insurance companies also often rely on these medical reports to determine the extent of the compensation. Assessing your injuries and getting them treated by a healthcare professional will help you build a strong case.
Determining Fault and Compensation in New Jersey
New Jersey operates under a comparative negligence law, meaning compensation could be reduced if you are partially at fault. Therefore, if you were texting and driving, your part in causing the accident is evaluated, and compensation is adjusted accordingly. If you are more than 50% at fault, you cannot recover any damages from the other party.
Protecting Your Rights After an Accident
It is advisable to secure legal representation to navigate the complexities of texting and driving cases. Qualified legal counsel can help protect your rights, ensure proper procedures are followed, and fight for fair compensation on your behalf.
Always stay informed about your case. Maintain open communication with your Vineland car accident attorney and ask for regular updates. Consider learning more about New Jersey’s laws regarding texting and driving. This can give you a sense of control over your case and help you understand the legal process better. Staying proactive throughout the process can yield positive results, as it can aid your legal team in building a strong case on your behalf.
Work With the Law Offices of Craig A. Altman for Your Texting and Driving Case
Getting to grips with how liability is determined in texting and driving cases is important. Following the right legal processes is key to ensuring responsible parties are held accountable and victims receive proper compensation. If you need legal assistance with your car accident case, contact the Law Offices of Craig A. Altman. Schedule your consultation today. You can also give us a call at (856) 327-8899.
