The stats on texting and driving are repeatedly reported by news channels across the country, and almost anyone you speak to will admit to knowing the dangers of such action. In New Jersey, it is illegal to text and drive, and doing so will result in a ticket or other consequence if a driver is seen by law enforcement. Even so, drivers of all ages still engage in this activity.
Because texting and driving is illegal, then a driver who causes an accident through such neglect is likely to be faulted by law enforcement in the accident. They are also likely to be held liable by a jury if a liable case goes to court. What this means for someone who is injured in an accident caused by texting and driving is that compensation for losses might be likely.
In order to achieve such compensation, the plaintiff in the case might have to prove several facts. First, the plaintiff might need to demonstrate that another driver was, indeed, texting while operating a motor vehicle at the time the accident occurred. Investigation, speaking to witnesses and reviewing copies of the police accident report can all help a plaintiff attorney prepare to prove such a fact.
Next, the plaintiff will need to show that the accident was the cause of the injuries and damages for which compensation is being sought. Some common types of evidence used to prove such a fact include medical records, witness reports and the statements of the plaintiff.
Understanding how to build a case for compensation against a driver who was texting is essential to increasing chances at financial recovery. Our office has this understanding and can help you create a solid case to improve the chance of settlement or victory in court.