When drivers read or send text messages behind the wheel, they turn their vehicles into weapons. A single glance at a screen can mean the difference between arriving safely at your destination and suffering life-altering injuries in a collision you did nothing to cause. New Jersey law recognizes the dangers of texting while driving and gives you the right to pursue compensation if a distracted driver harms you.
If a texting driver injured you, the attorneys at Mandelbaum Barrett PC can help you fight for the justice you deserve. We investigate car accidents throughout New Jersey and hold distracted drivers accountable for the destruction they cause. Our approach combines thorough evidence gathering with aggressive representation to maximize your recovery.
Texting While Driving Violates New Jersey Law
New Jersey law explicitly prohibits texting while driving, making it a primary offense. Police can pull over drivers solely for this violation without needing another reason. The state recognizes the danger of this behavior and imposes fines of up to $400 for a first offense.
More importantly for your case, this law establishes a clear legal standard. When a driver breaks this law and causes an accident, it creates strong evidence of negligence in your personal injury claim. You don’t need to prove the driver was careless or reckless. The fact that they violated the law speaks for itself and strengthens your position when seeking compensation.
Proving a Driver Was Texting When Your Crash Occurred
Building a successful case against a texting driver requires concrete evidence. Cell phone records become one of the most powerful tools in proving distraction. These records show the exact time text messages were sent or received, and when compared with the accident timestamp, they establish a clear link between texting and the collision.
Our experienced team knows how to obtain and analyze these records effectively. We also gather surveillance footage from nearby businesses or traffic cameras, which may capture the driver looking down at their phone moments before impact. Witness testimony adds another layer of proof when other drivers or pedestrians saw the at-fault driver texting. Police reports often note if an officer observed signs of phone use at the scene. We examine every available piece of evidence to build an ironclad case showing the driver’s texting caused your accident.
The Compensation You Can Recover After a Texting Accident
Texting accidents often cause severe injuries because the distracted driver has no time to brake or take evasive action. Your compensation should reflect the full scope of your losses. Economic damages include measurable financial losses such as emergency room visits, surgeries, prescription medications, physical therapy, and ongoing medical care. You can also recover lost wages if injuries forced you to miss work, and future lost earning capacity if permanent disabilities affect your ability to earn income. Vehicle repair costs and other out-of-pocket expenses fall under economic damages, too.
Beyond the financial toll, you deserve compensation for physical pain, emotional trauma, anxiety, depression, and the loss of life’s enjoyments. New Jersey law allows you to pursue these non-economic damages when injuries meet certain thresholds. For example, you can seek pain and suffering compensation if you sustained a permanent injury, significant scarring, displaced fractures, loss of a body part, or other serious harm. The more severe your injuries, the higher your potential recovery.
Comparative Negligence May Reduce Your Award
New Jersey follows a modified comparative negligence rule, which may affect your final compensation amount. Under this system, you can still recover damages even if you bear some responsibility for the accident, as long as you’re less than 50% at fault. However, your compensation will be reduced by your percentage of fault.
For instance, if you receive a $100,000 award but the court finds you 20% responsible, your final compensation drops to $80,000. Insurance companies often try to shift blame onto victims to reduce their payout obligations. They might claim you were speeding, failed to brake quickly enough, or violated a traffic law yourself. Our attorneys counter these tactics by presenting clear evidence of the texting driver’s negligence and minimizing any suggestion you contributed to the crash. We protect your right to full and fair compensation.
Why You Should Act Quickly After a Texting Accident
Time works against you in personal injury claims. New Jersey’s statute of limitations gives you two years from the accident date to file a lawsuit. Missing this deadline permanently bars your right to compensation. Beyond legal deadlines, evidence can disappear. Cell phone companies may delete records after a certain period. Witnesses forget details or become harder to locate.
Surveillance footage gets overwritten. The sooner you involve an attorney, the better your chances of preserving crucial evidence. Insurance companies also use delays against you. They may interpret your hesitation as a sign your injuries aren’t serious or your claim lacks merit. Acting promptly sends a clear message that you take your claim seriously and won’t accept a lowball settlement offer.
Contact Mandelbaum Barrett PC for Help With Your Car Accident Claim
Texting drivers put everyone at risk through their reckless choices. When their negligence causes you harm, you have every right to hold them accountable and seek full compensation for your losses. With decades of experience handling personal injury claims, our experienced attorneys include Certified Civil Trial Attorney Andrew Bronsnick and Co-Chair Joseph J. Peters.
We handle every aspect of your case while you focus on healing. Our team investigates the accident, gathers evidence, negotiates with insurance companies, and prepares for trial if necessary. We work on a contingency fee basis, which means you pay nothing unless we secure compensation for you. Contact our office to discuss your case and learn how we can help you move forward.