New Jersey has cracked down in recent years not just on reading, writing, and sending text messages behind the wheel but on using a handheld electronic device for any reason while driving. Nevertheless, lots of people choose to distract themselves with phones and other gadgets while traveling at high speed. Sometimes, this kind of negligence can have devastating consequences.
Texting while driving car accidents in Pennsauken can often serve as strong grounds for personal injury lawsuits, but only if you know how New Jersey law applies to your circumstances and how to enforce those rules in a way that benefits your case. Support from a seasoned auto accident lawyer can be vital to making sure you understand all your options and can effectively pursue the best possible claim result that gets you paid what you deserve.
Proving Someone Else Was Texting Behind the Wheel
In order to hold a texting driver legally liable for injuries you suffered in a Pennsauken car accident, you need to prove through evidence that your accident’s main cause was the other driver’s illegal texting. Sometimes, this is as simple as referencing the accident report written by the police officer who responded to your crash scene. There may be a note in that report indicating an officer ticketed another driver involved in the wreck for texting while driving.
In other situations, it may fall to you as the injured person to prove texting behind the wheel was the direct cause of your injuries by collecting and presenting evidence like witness testimony, surveillance and dashboard camera footage, and cell phone records that your attorney can help you obtain. You may be able to get a good case result by proving the other driver broke a traffic law right before crashing into you. Even if you can’t prove they were texting, the fact that they broke the law in some other way would still be enough to build a strong claim.
Getting Around the No-Fault System
You can only sue over a Pennsauken texting while driving car accident if you’re not restricted by New Jersey’s no-fault car insurance laws. Vehicle owners are required by law to buy a specific minimum amount of liability insurance coverage that’s meant to cover losses suffered by someone involved in a wreck who isn’t the policyholder. They also have the choice to opt out of no-fault insurance coverage for themselves.
If you opt out of no-fault coverage, your insurance provider may not pay for your own losses stemming from a wreck, but you can still file a claim against the at-fault party’s insurance or sue them directly. If you have no-fault coverage, you’ll have certain expenses like emergency medical bills covered, but you may not be allowed to sue over your accident at all unless you suffered a serious injury from it.
Learn More from a Pennsauken Attorney About Legal Options After a Texting While Driving Car Accident
When something unexpected happens on the road ahead of you, you typically only have a second or two to notice possible hazards and take action to avoid them. A driver who’s looking at their phone instead of the road is extremely likely to miss that split-second window, which means they’re much more likely to cause a high-speed collision.
If you’ve been injured by someone acting irresponsibly in this way, you have help available from a winning lawyer to demand the financial compensation you deserve. Call today to get started on your claim following a texting while driving car accident in Pennsauken.
