When you are driving, you are likely to see other motorists looking down at their phones. It is frustrating to watch people disregard the law and put others at risk, but it is a sad reality on the road. Texting while driving car accidents in Woodbridge are all too common. When you are injured due to another driver’s careless actions, you deserve justice.
An experienced car wreck attorney from our firm can help you hold the at-fault driver accountable for your injuries. Texting while driving is prohibited in New Jersey, so a driver caught using their cell phone at the time of a crash can be held liable for your losses. If you have questions about your legal rights after a car accident, contact our office to schedule a free and confidential consultation.
New Jersey’s Texting While Driving Laws
In New Jersey, all handheld cellular phone use while driving is prohibited. This includes:
- Texting
- Searching the internet
- Using social media
- Dialing a phone number
- Using a navigation app or GPS
Drivers who talk or text while driving can face fines, traffic citations, and license restrictions. In limited circumstances, cell phone use is permitted, including when the driver’s life or safety is at risk, or the driver is reporting an emergency to the authorities. Drivers under the age of 21 in New Jersey cannot use a cell phone under any circumstances while operating a vehicle.
Liability for a Texting While Driving Car Accident
When a driver in Woodbridge Township causes an accident by texting while driving, proving they were using a cell phone can be complex if there are no witnesses. If the driver disputes their fault, the injured person must rely on the police report, witness statements, and the general circumstances of the crash to establish that the other motorist was careless or negligent in operating their vehicle. Likewise, cell phone records can prove that a driver was using their phone at the time of the crash. While not as common, there are instances where an injured person can obtain private dash cam video, in-car electronic crash recorder data (ECR/EDR), or surveillance videos and traffic camera footage to prove their case.
Negligence Per Se in New Jersey
In texting while driving cases in Woodbridge, the injured person can prove that the at-fault driver was negligent “per se.” Simply put, this is a legal concept by which a person’s negligent conduct is implied by virtue of the crime or offense they commit. To establish negligence per se, the injured person must prove the following:
- The at-fault driver violated a local, state, or federal law, regulation, or ordinance
- The law, regulation, or ordinance they violated was put in place to prevent the very type of harm or injury that they caused by breaking it
- The at-fault driver’s violation of that law, regulation, or ordinance was the direct cause of the injuries the injured motorist endured
It should be clear why this concept is important in texting while driving car accidents. After all, when a driver is ticketed or charged with illegal use of a mobile device while driving, their plea of guilt or conviction can be used to establish that they are per se negligent in causing the accident and, in turn, responsible for any resulting injuries.
Consult a Woodbridge Texting While Driving Car Accident Attorney
When you are hurt in a texting while driving car accident in Woodbridge, you have a legal right to compensation for your injuries. New Jersey’s laws regarding negligence can be complicated, so it is important to consult an experienced attorney about your claim.
We can negotiate with the at-fault driver’s insurance or file a lawsuit on your behalf to recover damages for your injuries. A successful claim could reimburse the cost of your medical care, lost income, and other losses related to the crash. Contact Fredson Statmore Bitterman, LLC to discuss your options for financial recovery.
