In recent years, the widespread use of mobile phones has contributed to a significant rise in distracted driving accidents across New Jersey. Texting while driving is a dangerous practice that diverts the driver's attention from the road and often leads to devastating consequences. If you or a loved one has been involved in a texting and driving accident, understanding your rights and options for seeking compensation is crucial. This article will provide essential information on how victims of texting and driving accidents can pursue compensation in New Jersey.

Understanding How New Jersey's PIP Benefits Work:

New Jersey operates under a no-fault auto insurance system, meaning that after a car accident, your own insurance company will typically cover your medical expenses and certain other damages, regardless of who was at fault. These benefits fall under Personal Injury Protection (PIP) coverage. PIP benefits may include medical expenses, lost wages, essential services, and funeral expenses, up to the limit of your policy. However, PIP benefits might not fully cover the extent of your losses, especially in severe auto accidents that result in catastrophic injuries. In such cases, pursuing additional compensation may be necessary.

Holding the Distracted Driver Accountable:

While PIP benefits cover immediate expenses, they may not fully compensate victims for all their damages, especially for pain and suffering, emotional distress, and other non-economic losses. If it can be proved that the other driver was texting while driving, it could be considered negligence, as it is a violation of New Jersey’s distracted driving law. To hold the distracted driver accountable, you may need to file a personal injury claim against them. In order to pursue a lawsuit, you’ll need to demonstrate the following elements:

1. Duty of Care: Show that the driver owed you a duty of care to drive responsibly and not engage in distracting activities like texting while driving.

2. Breach of Duty: Prove that the driver breached this duty by engaging in texting or other distractions while driving.

3. Causation: Establish a direct link between the distracted driving and the accident, demonstrating that the driver's actions were the primary cause of your injuries.

4. Damages: Provide evidence of the physical, emotional, and financial damages you suffered as a result of the accident.

Suing the Person Who Texted the Driver:

In some cases, liability for a may extend beyond the driver to the person who sent the text message. To hold the sender partially responsible for the accident, you must prove they knew the recipient was driving and could be distracted. This can be challenging, as it requires evidence of the sender's knowledge at the time of sending the text. Working with experienced legal professionals can help gather evidence and build a strong case against all responsible parties.

What to Do If Injured by a Distracted Driver:

1. Seek Medical Attention: 

After a car accident, your first concern should be for your own safety, health, and well-being. Seek medical attention immediately, even if you think your injuries are minor. Some injuries may not be apparent right away but could worsen over time.

2. Document the Scene: 

If possible, gather evidence at the accident scene, including photos of vehicle damage, skid marks, traffic signs, and road conditions. Also, collect contact information from any witnesses present.

3. Report the Accident: 

Contact the police to report the accident and ensure that an official report is filed. Obtain a copy of the report for your records.

4. Preserve Evidence: 

Keep all relevant documents related to the accident, such as medical records, medical bills, and any correspondence with insurance companies.

5. Consult a Skilled Attorney: 

Reach out to a reputable personal injury attorney with experience handling car accidents. An attorney can guide you through the legal process, negotiate with insurance companies, and advocate for your best interests.

Key Takeaway:

Texting and driving can have devastating consequences for victims and their families. While New Jersey's no-fault insurance system provides initial coverage through PIP benefits, seeking full compensation often requires pursuing legal action against the distracted driver and possibly even the person who texted them. If you find yourself in this unfortunate situation, consulting a knowledgeable attorney can make all the difference in securing the compensation you deserve. Taking prompt and appropriate action is crucial to protecting your rights and achieving a favorable outcome.

Contact The Epstein Law Firm, P.A. Today for a Free Consultation About Your Car Accident Lawsuit

Are you a victim of a texting and driving car accident? At The Epstein Law Firm, P.A., we understand the physical, emotional, and financial toll these accidents can take on your life. Our dedicated team of experienced personal injury attorneys is here to fight for your rights and help you seek the compensation you deserve.

With years of successful advocacy and a deep understanding of New Jersey's complex traffic laws, we have a proven track record of holding distracted drivers accountable for their negligence. Whether it's navigating the intricacies of PIP benefits or pursuing legal action against the responsible parties, we are committed to securing justice and your future.

Don't face this challenging time alone. Let us stand by your side and guide you through every step of the legal process. Your recovery is our priority, and we'll work tirelessly to ensure you receive the best possible outcome. Contact us today for a free consultation.