Ever since cell phones first went from a gimmicky gadget to an essential part of just about every American’s daily life, they’ve been a near-constant source of distraction in lots of different situations. Unfortunately, one of the most common places for people to distract themselves with their phones is while they’re behind the wheel of a moving automobile, even though New Jersey legislators have made this behavior expressly illegal.
If you were hurt recently in a wreck caused by this type of negligence, you should make it a priority to contact a practiced car accident lawyer and get their help with building a civil claim against the person at fault for your injuries. Texting while driving car accidents in Eatontown can be deceptively tricky to get paid a fair amount of civil compensation for, and having a respected legal professional on your side can do a lot to improve your chances of a positive case result.
Proving Someone Else Was Texting Before a Wreck
Since texting while driving is against the law in Eatontown, sometimes proving a texting driver was at fault for a car crash can be as simple as referencing the accident report written by the police officers who responded to the crash scene. If that report says that one of the drivers involved in the crash was cited for texting behind the wheel, that traffic citation can be used as evidence to show the entire accident only happened because of that specific person’s irresponsible act.
Even if there is such a citation, you also want to support your claim with evidence from other sources like:
- Testimony from witnesses who saw the crash happen without being directly involved in it
- Photos and videos of the crash scene
- Footage from dashboard or traffic cameras that captured the crash in progress
- Medical records from your doctors detailing how bad your injuries are
Your attorney may be able to help you get cell phone records from the person you’re suing so you can show they wrote or read a particular message right before they got into a wreck.
How Comparative Fault Might Affect Your Claim
Your legal counsel can also provide vital help with proving you weren’t to blame for causing a texting and driving auto accident in Eatontown. Even if the texting driver is still mostly to blame, any amount of comparative fault you’re found to hold for the incident could be held against you in the form of a reduction in the amount of money you’re able to receive for your damages.
For example, if you were speeding when a texting driver T-boned you in an intersection after running a stop sign, a court might find you 20% at fault for that wreck, meaning you could only recover 80% of the losses you suffered from that wreck. Even worse, if you’re more than 50% to blame for your own injuries, you can’t recover any civil compensation, even if someone else was still partly at fault.
Talk to an Eatontown Attorney About a Possible Texting While Driving Car Accident Lawsuit
Getting paid fairly after texting while driving car accidents in Eatontown can be far from simple, especially if you try to pursue your claim alone.
Working closely with a seasoned auto accident lawyer is essential to getting every cent of compensation you deserve. Call Ostroff Godshall Injury and Accident Lawyers today to learn more during a free, no-obligation consultation.
