Texting While Driving Accidents in New Jersey

That’s why laws were passed decades ago regarding the mandatory use of hands-free cell phones. There is no doubt that texting and driving is dangerous. Through the years, the New Jersey and New York lawyers of Davis, Saperstein & Salomon, P.C. have seen distracted driving become a major cause of accidents in both states.

Causing an accident while texting and driving is a motor vehicle offense as codified in N.J.S.A. Section 39:4-97.3, which prohibits the use of a wireless telephone or electronic communication device by an operator of a moving motor vehicle on a public road or highway unless it’s a hands-free device.  However, that may not be the end of the distracted driver’s legal problems because the negligent driver can be sued for monetary damages in a civil lawsuit, which could exceed the driver’s insurance coverage. And, if the accident involved a fatality, criminal charges could be filed against the distracted driver, resulting in an indictment, trial, conviction, and incarceration.

National Highway Traffic Safety Administration (NHTSA) data from a recent three-year stretch in which distracted driving accident statistics are available show that these crashes produce:

All distracted driving is dangerous. However, most evidence suggests the greatest risk comes from texting and driving. When drivers text and drive, they put not just themselves but passengers and others on the road at risk as well.

Victims of distracted drivers who have suffered injuries have a right to seek compensation for the harm and losses sustained. The law firm of Davis, Saperstein & Salomon, P.C. has decades of experience holding negligent drivers responsible for their careless and reckless driving, including texting while driving. Davis, Saperstein & Salomon, P.C. attorneys can help you sort through all legal options, including:

• Suing the careless texting driver
• Filing a no-fault insurance claim for Personal Injury Protection (PIP)
• Suing for monetary damages against the person or company in the text conversation
• Winning you an out-of-court settlement or verdict for the money you deserve.

Trying to figure out what legal action to take should not be confusing or frustrating at a time when you need to focus on your medical treatment.  Davis, Saperstein, & Salomon P.C. have over four decades of experience helping accident victims get the justice they deserve. We can help relieve your stress by taking all of the legal action required for you to win your case while you focus on your medical rehabilitation and recovery.

We provide free and confidential initial consultations and do not get paid a legal fee unless we win you a settlement. To schedule a consultation today, call 1-800-LAW-2000 and talk to one of our experienced personal injury lawyers. Your confidential legal consultation can be in person or by a free no no-obligation virtual consultation using FaceTime, Zoom, or an ordinary telephone conversation. We can even visit you if you are hospitalized or immobile.

Why Choose Our Firm?

The decision of which attorney to hire after a distracted driving accident is a crucial one. Not every lawyer is the same, and not every injury lawyer is the same. You need to do your research into their experience and track record.  That’s why, if you’re looking for help after a texting while driving accident, you’ve come to the right place. Our 40+ years as an injury law firm have given us the privilege of helping over 35,000 clients win over a billion dollars in combined settlements and verdicts.

With more than 100 employees at our firm, including 12 certified civil trial attorneys, we have the resources to investigate a texting while driving case and prove that the other driver was at fault. Our firm has successfully litigated cases against some of the most powerful insurance companies’ army of lawyers, including national insurance companies such as GEICO, State Farm, Allstate, and Progressive. The sooner you contact an attorney, the quicker we can get to work on your claim.

We accept cases on a contingency fee basis. That means that you do not pay us any money unless we win your case. At the time of your final settlement, we will get paid back our out-of-pocket disbursement that was necessary to win your case and a percentage of your settlement as our legal fee.

Why Does Texting While Driving Cause Crashes?

Texting while driving has been proven to present significant dangers. In fact:

• Texting is riskier than regular cell phone use, according to the Governors Highway Safety Association (GHSA).
• Texting requires looking away from the road for an average of five seconds, which could be the length of an entire football field, according to the NHTSA.
• You are 23 times more likely to be in a crash if you text while behind the wheel.  This factor increases when alcohol, speeding, or bad weather conditions are added to the mix.

Distracted driving statistics suggest that teens and young adults are at the greatest risk for texting accidents. The NHTSA reports:

• Drivers in their 20s make up 27 percent of the distracted drivers involved in fatal crashes.
• 10 percent of drivers under the age of 20 who were involved in fatal crashes were reported as distracted at the time of the crash.
• 20 percent of teens admit that they have extended, multi-message text conversations while driving.

New Jersey Laws on Distracted Driving

Because texting and driving is so dangerous, New Jersey bans texting by all drivers. Additionally, under state law:

• Drivers must use hands-free devices when talking on cell phones in the car.
• Drivers under the age of 21 with learner’s permits or probationary licenses may not use any cell phones, hand-held or hands-free, while behind the wheel.
• School bus drivers cannot use any cell phones while behind the wheel.

• Drivers who are driving while distracted and cause accidents leading to serious harm or death can be prosecuted and face prison time and fines up to $150,000, pursuant to N.J.S.A. Section 39:4-97.3.

New Jersey laws help to prevent texting accidents and play a role in taking legal action when someone causes an accident by texting. If a driver breaks a safety law and causes a crash, the driver is presumed to be negligent (or negligent per se).

An employer may also be held liable if an employee causes a crash while on the job due to distracted driving, such as texting, especially if the employer is texting them back.

Fines and License Points for Texting and Driving

What is the penalty for texting and driving? The fines for talking or texting on a handheld device depend on the number of offenses you have on your driving record:

• First offense – A minimum of a $200 fine
• Second offense– At least a $400 fine
• Third offense – A minimum fine of $600, three motor vehicle points, and a possible 90-day driver’s license suspension
• Fatal Accidents could result in a criminal indictment of negligent homicide and jail time.

What to Do After Being Hit by a Distracted Driver

You should take immediate action if a distracted driver causes a car accident. The steps you should take include:

• Go to the hospital after leaving the crash scene.
• Seek ongoing treatment recommended by a trauma doctor
• Document your injuries in writing, including symptoms and effects on your daily life.
• Hire a qualified and experienced injury lawyer from Davis, Saperstein & Salomon, P.C.
• Avoid posting about your accident on social media.

It’s important to contact an injury lawyer as soon as possible. That way, they can begin their investigation and gather evidence (such as the other driver’s cell phone records) to prove that the other driver was distracted when the crash occurred.

What Money Damages Can I Get After an Accident with a Driver Who Was Texting?

When you make a claim or file a lawsuit for a crash caused by an NJ cell phone violation, the money you receive should cover your:

• Hospitalization, physical therapy, and other medical expenses
• Lost wages and reduced future income ability
• Your pain and suffering, including your emotional distress
• Your loss of enjoyment of life due to permanent injuries
• Unresolved property damage 

Who Else May Be Liable in a Texting and Driving Accident?

Depending on what the driver was doing, the other texting person or a company may be partially responsible for the accident. The New Jersey case of Kubert v. Best holds the texting party partially responsible under certain circumstances, especially if the negligent texting driver was on the job at the time of the accident.

How Can a Distracted Driver Accident Lawyer Help?

Distracted driving can be challenging to prove. You must provide the insurance carrier with sufficient documentation. A distracted driving accident lawyer from Davis, Saperstein & Salomon, P.C. can investigate the crash thoroughly and obtain evidence to show what happened, such as:

• The texting driver’s cell phone records
• Securing accident scene photos and traffic camera footage of the collision
• Statements from eyewitnesses
• Collecting and analyzing your medical bills and records
• Collecting and reviewing police reports

The earlier you hire a qualified personal injury lawyer, the sooner they can start gathering evidence and building your case.

Contact a New Jersey Texting Accident Attorney

Many people fear that if they take immediate action to file a claim, they will be penalized because it looks like they are motivated by money. This is a huge mistake because insurance companies often start their investigations while the accident victim is still hospitalized or recovering on their own.

If you have been hurt in a car accident, it is crucial to speak with an experienced car accident attorney about what you can do to protect your rights. The car accident lawyers of Davis, Saperstein & Salomon, P.C. are ready to help. Since 1981, we have devoted our legal careers to helping people throughout New Jersey who were injured due to the carelessness of others. Call us today at 1-800-LAW-2000 or complete our online form to schedule a free and confidential consultation right away.