Driving without full concentration on the road is incredibly dangerous. Texting while driving is particularly harmful as it causes the driver to take their eyes off the road, hands off the wheel, and mind off the other traffic. Despite these dangers, many motorists persist in using their phones while on the road.
When you have been injured in a texting while driving accident in Bloomfield, you do not have to face the aftermath alone. Our trusted car accident attorneys can assist you with investigating the crash, analyzing liability, and protecting your legal right to compensation for your losses.
Texting and Driving Laws
New Jersey Statutes § 39:4-97.3 makes the use of a cell phone while operating a vehicle that is in motion illegal unless the device is being used hands-free. The statute explicitly describes “use” of a cell phone as sending a text message, email, or other form of electronic message in addition to holding a conversation over a phone call. Breaking this law is a criminal penalty that carries the potential for a fine of up to $800 and, for multiple offenses, a suspension of the driver’s license.
Because this law is a criminal penalty, it does not directly benefit the person injured in the wreck. The fines paid by the other driver will go to the state, not towards the injured person’s losses. Instead, to recover compensation for their damages after a Bloomfield texting wreck, the injured person must file a civil lawsuit and prove that the other driver acted carelessly and their carelessness caused the accident and injuries. However, our experienced attorneys can help an injured person use the violation of the texting and driving statute to form the basis of their argument that the other driver’s actions fell below the required standard of care.
Comparative Fault and Texting Accidents
Even if the other driver was texting while driving, determining fault in a car accident is not always simple; many times, multiple factors are present that contributed to the wreck. In some situations, a person injured in a texting and driving accident in Bloomfield may be determined to also be at fault for the accident perhaps because they were speeding at the time of the wreck or failed to yield to the other driver.
However, this does not mean the injured person would be unable to recover damages. New Jersey Statutes § 2A:15-5.1 sets forth that an injured person’s partial responsibility for their losses does not eliminate their ability to recover from another person, but only if the injured person’s responsibility is less than or equal to the other driver’s. This means the injured motorist must be 50 percent or less at fault to still be able to collect damages. Additionally, the injured person’s compensation will be reduced in proportion to the amount of responsibility that the jury assigns to them. For example, if the total settlement amount is $100,000 and the injured motorist is found to be 20 percent liable, they would only collect $80,000. Our attorneys can help establish fault and refute allegations of shared liability.
Reach Out to a Bloomfield Attorney After a Wreck Involving Cell Phone Usage
When you have been involved in a traumatic wreck, you may have all you can handle on your plate simply recovering physically. At Fredson Statmore Bitterman, LLC our team can help you manage other aspects of the crash—whether establishing liability, calculating damages, or negotiating a settlement—so that you can focus on healing.
Contact our firm after a texting while driving accident in Bloomfield to learn more about how we can help in your situation.
