Texting while driving is as dangerous as driving while drunk, yet far more acceptable. Thousands of people are injured or killed by people who do this each year in the U.S. If you’ve been the victim of a distracted motorist who was texting and driving, the law is on your side.
Our Newark offices have accident lawyers skilled in handling cases with people who text while driving. This is an obvious act of negligence. And if we can prove the texting, it makes it easy to get compensation. Let a Newark texting while driving accident attorney at Morelli Law help you.
Laws in New Jersey About Texting While Driving
There are several New Jersey laws meant to combat distracted driving from cell phone use. Texting is illegal, and taking calls requires the use of a hands-free device. Anyone under 21 with learner’s permits or probationary licenses cannot use any electronic device while driving, hands-free or not.
The only exception to these rules is when the driver has reason to fear for their safety or believe that a crime is happening. Then, they can call the appropriate authorities. This includes calls for fires, dangerous drivers, accidents, road hazards and similar dangers.
There are also criminal charges for people who cause an accident while texting. If the injuries are minor, the penalties are fine unless the driver is a multiple offender. If the injuries are severe, the driver could face six to 18 months in jail and a fine of up to $10,000.
Should a driver kill someone while texting, the state may charge them with vehicular homicide. This is a felony that brings five to 10 years in prison and up to $150,000 in fines.
Proving the Other Driver Was Texting
You’re unlikely to see the other driver texting at the time of your crash, so how do we prove they were? First, if you hire a lawyer, they can subpoena the phone records of the other driver to see what they were doing at the time of the accident.
Your texting while driving accident lawyer in Newark may not need to go that far if they can find witnesses who say the driver was texting or if a camera caught the driver in the act. If we can get any of this evidence, we may be able to sue them directly if the injuries meet the standard to permit a lawsuit in New Jersey.
What Other Evidence Should I Get?
If you are aware enough while at the accident scene, take photos of your injuries, your car, the other cars involved, and the accident. Be sure to get the other car’s plate numbers. Also, find witnesses and get their contact information.
Next, you need to get a police report started by law. Contact the police and give a factual statement of the events. Make sure you learn where you can get a copy of the report once it’s finished. This may take several days.
Finally, get medical care and document all the bills you can that are related to the accident to help calculate your settlement’s value. Report what happened to your insurer, then contact our office so that we can negotiate with your insurer on your behalf. If we cannot get enough money from them, we can discuss filing a lawsuit with the other driver’s insurance.
Do My Injuries Qualify for a Personal Injury Lawsuit?
Thanks to New Jersey’s no-fault laws, your own insurance will pay the cost of your medical bills up to your policy limit no matter who was responsible. However, if your injuries meet a certain threshold, you can sue the other driver to get more money.
This threshold is high. Your case must involve disfigurement, scarring, the loss of a body part, a severe bone break, or some other permanent injury. The case also qualifies if there is a death or the loss of a fetus.
We encourage all New Jersey drivers to carry enough personal injury protection (PIP) coverage to pay for injuries below these injury thresholds. The minimums are rarely enough for even minor accidents. If you can afford more insurance, please consider raising your policy limit.
Our Newark Texting While Driving Accident Lawyers Are Here to Help
Morelli Law Firm has secured more than a billion dollars for our clients, and we’re considered one of the preeminent firms for all civil litigation. We give the same attention to care and strong advocacy for smaller clients as we do our larger ones.
If you need a Newark texting while driving accident attorney, please reach out to us to request a free, no-obligation case evaluation. We will take the evidence you have and start building a case to get you the true value of your injury situation.
