Crashing Into Consequences: The Legal Ramifications of Texting While Driving

All Practice Areas

In today's fast-paced digital world, our dependency on smartphones has reached unprecedented levels. However, this technological addiction has come at a significant cost, particularly when it comes to road safety. Texting while driving has become a dangerous epidemic, causing countless New Jersey highway accidents, injuries, and even wrongful death. Beyond the immediate physical dangers, engaging in this reckless behavior can also result in severe legal consequences. This article explores the consequences drivers may face when engaging in dangerous behaviors like texting while driving, emphasizing the importance of prioritizing safe, responsible, and distraction-free driving.

1. Understanding the Dangers of Texting While Driving:

Texting while driving is an alarming distraction that diverts the driver's attention from the road. It refers to the act of composing, reading, or sending text messages, emails, or scrolling on an electronic device while operating a motor vehicle. Research shows that this activity significantly increases the risk of accidents. It is estimated that a driver's eyes are off the road for an average of five seconds while texting, which, at highway speeds, equates to covering the length of a football field blindly. Understanding the dangers associated with texting while driving is crucial to recognizing the legal implications that follow.

2. Negligence and Civil Liability:

Engaging in texting while driving can be considered a negligent act. Negligence is the failure to exercise reasonable care, resulting in harm to others. When an accident occurs due to distracted driving, the negligent driver may be held responsible for the damages caused. Victims of accidents caused by texting drivers have the right to pursue a personal injury claim against the at-fault driver. These claims seek compensation for medical expenses, property damage, lost wages, pain and suffering, and other related losses.

3. Violating Traffic Laws:

To combat the dangers of texting while driving, lawmakers across the United States have implemented specific traffic laws to regulate this behavior. Texting while driving is explicitly prohibited in New Jersey. These laws typically fall under distracted driving regulations. Violations can result in hefty fines, points on the driver's license, and even license suspensions, depending on the severity of the offense and the state's legislation. Familiarizing oneself with the specific laws governing texting while driving in New Jersey is essential for understanding the potential legal consequences.

4. Contributory Negligence:

In some cases, both parties involved in a car accident may share responsibility for the collision. If the injured party was also distracted while driving or violated traffic laws, they may be considered partially at fault. Under New Jersey's comparative negligence laws, the compensation awarded to the injured party can be reduced based on their degree of fault.

5. Employer Liability:

Additionally, if an employee texting while driving while performing work-related duties causes an accident, their employer may be liable. Under the legal doctrine of "vicarious liability," employers can be held responsible for the actions of their employees if the employee was conducting work-related tasks or acting within the scope of their employment at the time of the accident. This liability extends to both the individual employee's and the employer's obligations as a whole, emphasizing the importance of implementing clear policies against texting while driving in the workplace.

6. Criminal Charges and Penalties:

In certain situations, texting while driving can escalate from a civil matter to a criminal offense, particularly if the driver's actions result in serious injury or death. Some jurisdictions have implemented laws that classify severe texting-related accidents as criminal offenses, such as vehicular manslaughter, reckless driving, or even negligent homicide. If convicted, these charges carry significant penalties, including fines, probation, community service, license revocation, or even imprisonment. The severity of the penalties varies based on the jurisdiction and the circumstances surrounding the incident.

7. The Role of Evidence in Legal Proceedings:

Proving that texting while driving caused an accident can be challenging. However, various types of evidence can be used to support a personal injury claim or criminal case. This evidence may include phone records, eyewitness testimony, video footage, expert analysis, and police reports. Seeking legal representation from an experienced attorney is crucial to gathering and presenting the necessary evidence effectively.

8. Raising Awareness and Promoting Responsible Driving:

To reduce the number of accidents caused by texting while driving, it is essential to raise awareness about the severe legal and personal consequences associated with this behavior. Education campaigns, public service announcements, and community initiatives play a vital role in emphasizing the importance of responsible driving and encouraging drivers to prioritize safety over distractions.

Key Takeaway:

Texting while driving is not only a dangerous practice but also carries severe legal consequences. From civil liabilities to criminal charges, the repercussions of engaging in this act can be life-altering. As an individual, it is crucial to prioritize responsible and distraction-free driving for the safety of yourself and others on the road. If you or a loved one has been in an accident as a result of a texting driver, seeking legal advice from an experienced personal injury attorney can help you navigate the complexities of the legal system and pursue the compensation you deserve. Remember, it is our collective responsibility to drive safely and prevent the devastating consequences of texting while driving.

Contact The Epstein Law Firm, P.A. Today For a Free Consultation About Your Distracted Driving Lawsuit

At The Epstein Law Firm, P.A., we understand the devastating impact that accidents caused by texting while driving can have on individuals and their families. Our experienced team of attorneys is here to provide you with the legal support and guidance you need during these challenging times. With a deep understanding of the intricacies of personal injury law, our firm is dedicated to fighting for the rights of those injured in distracted driving accidents. We will diligently investigate your case, gathering crucial evidence to establish the negligence of the texting driver. 

When you choose The Epstein Law Firm, P.A., you can have confidence that your case will be handled with professionalism and integrity. We are committed to achieving justice for our clients and holding negligent drivers accountable for their actions. Don't face the legal aftermath of a personal injury or wrongful death alone. Contact us today for a confidential consultation. Let us help you navigate the complexities of the legal system and work towards securing the compensation and justice you deserve. Your road to recovery starts with us.