In a matter of seconds, a driver’s decision to glance at their phone can turn a normal drive into a serious crash. Texting behind the wheel is one of the most dangerous forms of distracted driving, and unfortunately, it’s still far too common on New Jersey roads. If you were hurt in a crash caused by someone else’s inattention, you may have legal options. Cases involving texting while driving car accidents in Perth Amboy often demand a prompt and thorough legal response.
At Voto & Cavalli Attorneys at Law, we help victims of car accidents pursue justice and compensation. Our motor vehicle collision team is deeply familiar with the challenges of proving distraction-based negligence, and we are here to guide you through every step of your claim.
Texting combines visual, manual, and cognitive driver distraction (these are all three types of driver distractions). When someone takes their eyes off the road, their hands off the wheel, and their mind off driving, it is enough time to travel the length of a football field without watching the road.
Under N.J. Stat. Ann. § 39:4-97.3, drivers are not permitted to use a cell phone or other texting device while driving their vehicle. However, simply showing that a driver was cited for texting is not always enough in a personal injury claim. A knowledgeable attorney could investigate further, collecting phone records, witness statements, or dashcam footage to help prove liability. Fortunately, several tools are available to help us uncover the truth:
By compiling this evidence, a dedicated attorney could help you hold the negligent driver accountable and present a strong claim for compensation.
If a distracted driver caused your injuries in Perth Amboy, you may be entitled to seek compensation for a variety of losses, such as:
Since New Jersey is a no-fault insurance state, your own policy may initially cover some medical costs. However, serious injuries may justify stepping outside of that system and filing a claim against the at-fault driver. An attorney could explain whether your case meets this threshold and what damages may be available based on your injuries.
Texting while driving is not only dangerous, it is also illegal in New Jersey. Violating the state’s handheld device ban may support a finding of negligence per se, which can make it easier to show that the other driver acted unlawfully.
However, distracted driving claims are not always straightforward. Insurance companies may argue that you were partially at fault or try to minimize your damages. Under N.J. Stat. Ann. § 2A:15-5.1, a modified comparative negligence rule applies to accidents. This means that an accident victim may still recover compensation if they are not found more than 50 percent at fault for their injuries. Understanding how these laws apply to your situation is essential to protect your rights to compensation and a personal injury lawyer is available to make sure your claim stays on course.
You should not have to pay the price for someone else’s careless decision to text behind the wheel. If you were involved in a texting while driving car accident in Perth Amboy, our team at Voto & Cavalli Attorneys at Law could help you take action.
We know how to investigate distracted driving cases and fight for the full compensation you deserve. Call our firm today to schedule a free consultation and learn more about your rights and options.
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