Texting While Driving Car Accidents in New Jersey

Ever since the first cell phones were put on the market, distracted driving has become an increasingly serious problem for law enforcement and legislative bodies to deal with. In recent years, almost every state in the country has passed at least some kind of law prohibiting drivers from reading, writing, or sending text messages behind the wheel, but many people still choose to act irresponsibly in this way while driving.

Even worse, proving that someone else caused you to get hurt in a wreck because they were focused on their phone instead of the road can be much trickier in practice than many people expect. If you want a good chance of getting a favorable case result following a texting while driving car accident in New Jersey, you need the help of a knowledgeable auto accident attorney from Garces, Grabler, & LeBrocq.

What Does State Law Say About Texting Behind the Wheel?

New Jersey is one of several states that has taken action not only to ban texting while driving but also various other uses of cell phones, smartphones, and other electronic mobile communications devices behind the wheel. In fact, under New Jersey Revised Statutes § 39:4-97.3, it is against the law for a driver to hold any such device in their hand and use it in any way while operating a motor vehicle.

Drivers are allowed to make phone calls and use a phone as a GPS display as long as it is mounted somewhere in their vehicle and being used in hands-free mode. They can drive with a phone in hand if they are using that phone to contact emergency services or are in genuine fear for their life or safety. Using a phone in the driver’s seat and causing an accident qualifies as a breach of the duty of care all drivers in New Jersey have to act lawfully behind the wheel.

Texting While Driving as Grounds for a Lawsuit

Anyone who can prove that a breach of duty was the main and direct cause of an accident that resulted in them getting seriously hurt can demand compensation for all their injury-related losses from the negligent person who committed the breach. Accordingly, if someone is cited by a police officer for violating N.J.R.S. §39:4-97.3 during the aftermath of a traffic accident in New Jersey, they could be held legally at fault for that wreck based on their texting while driving offense.

If a texting driver is not cited in this way after a crash, it may fall to an injured person to prove the other driver’s texting was the direct cause of their injuries. A skilled legal professional could provide vital help with accomplishing this by collecting and utilizing evidence like witness testimony, traffic and dashboard camera footage, crash scene photos, and subpoenaed cell phone records showing when specific messages were read or sent.

Consider Working with a New Jersey Attorney on a Texting While Driving Car Accident Claim

Texting behind the wheel is a deceptively dangerous activity that far too many New Jersey drivers engage in on a regular basis. However, while you can take legal action against anyone who causes you to get hurt by acting irresponsibly in this way, getting every cent of the restitution you deserve can be challenging on your own.

Getting help from Garces, Grabler, & LeBrocq should be your top priority following a texting while driving car accident in New Jersey. Call today to learn more about your options from one of our seasoned attorneys.