How Can I Prove the At-Fault Driver Was Texting?

You may not remember much about your car accident, as it likely happened so fast. But you may recall catching a glimpse of the driver you collided with, and noticing that their head was down, presumably looking at an electronic device. Or, you may have sworn you heard the driver accidentally admit to being distracted by their phone, in a moment of both remorse and panic. Either way, you may know in your heart of hearts that they were mainly or entirely to blame for the event. In this case, please follow along to find out how to prove that the at-fault driver was texting right before your ultimate collision and how a proficient Passaic County car accident lawyer at the Law Offices of August R. Soltis can help present your case in front of a civil court.

How Can I Prove That the At-Fault Driver was Texting While Driving?

Proving the at-fault driver was texting while driving requires objective, typically timestamped evidence like phone records, video footage, and eyewitness testimony that align with the time of the collision.

Just as easily as you may accuse the other driver of negligently using a handheld device while driving, they can refute it. This is to say that you must supplement your personal injury claim with concrete evidence that backs up this claim.

Key Evidence That Can Prove Texting While Driving

Proving texting while driving in New Jersey requires specific types of evidence that the courts recognize as reliable in these cases.

• Eyewitness testimony
  • Oral or written testimonies from eyewitnesses who saw the at-fault driver holding and looking at their phone before the collision
  • Stronger when multiple witnesses confirm the same behavior
• Video footage
  • Neighboring surveillance, traffic, or car camera footage capturing the at-fault driver using their phone before the collision
  • Footage timestamps can directly align with the time of the collision
• Cellphone records
  • A subpoena for the at-fault driver’s phone records with call and text timestamps matching the time of the collision
  • Often one of the most compelling forms of proof in court
• Social media activity
  • A record of the at-fault driver’s social media activity (i.e., likes, comments, posts, etc.) with timestamps matching the time of the collision
  • May be particularly beneficial if the activity occurred shortly before the accident
• Police report documentation
  • A copy of the police report that was documented at the scene, and that includes the at-fault driver’s admission of guilt for being distracted
  • Officers can examine and note signs of distraction, like inconsistent statements and signs of delayed braking
• Accident reconstruction experts
  • Testimony from an accident reconstruction expert who can affirm that the at-fault driver’s driving patterns demonstrate distraction
  • Can scientifically demonstrate a delayed reaction time consistent with phone usage

What Evidence Is Strongest in a New Jersey Distracted Driving Claim?

During a personal injury case in Pompton Lakes, Wayne, or any other town in or around Passaic County, not all evidence carries equal weight or consideration. In New Jersey courts, objective, timestamped data tends to be more persuasive than subjective observations.

Most Persuasive Evidence

• Cellphone carrier records (highest credibility in court)
• Video evidence showing driver behavior
• Police report admissions and citations
• Independent eyewitness testimony
• Digital activity, like app usage and social media timestamps
• Expert reconstruction testimony

How Much Fault Do I Have to Prove for a Successful Injury Claim?

Even if you can successfully prove that the other driver was texting while driving, you must establish that they were the majority or the sole contributor of fault in your car accident. This is because of the state of New Jersey’s comparative negligence law, which dictates that you may only recover financial compensation in a personal injury claim if you are 50 percent or less at fault.

For example, the civil court may determine that the other driver’s texting was 30 percent to blame for the accident. However, they may uncover that you failed to come to a complete stop at a stop sign before your ultimate collision, along with making other traffic violations beforehand. They may deem this as 70 percent of the fault and subsequently dismiss your claim altogether.

However, say they rule the other way around, and only find you to be 30 percent at fault. In this case, they may order you to recover 70 percent of the economic and non-economic damages you claimed to have incurred in the aftermath of your accident. And so, the more fault you can pin on the other driver, the better off you may be.

How Does New Jersey Law Treat Texting While Driving?

New Jersey, including Passaic County, has strict laws that prohibit the use of handheld devices while operating a motor vehicle. As such, violating these laws can serve as evidence of negligence in a personal injury claim.

Important Legal Considerations

• Texting and driving is illegal in accordance with New Jersey law
• Violations can result in fines, citations, and points on your license
• Courts may consider texting and driving as evidence of reckless behavior
• Continued repeat offenses can strengthen liability arguments

Contact an Experienced Passaic County Personal Injury Attorney

If you desire more clarity before you head into potential personal injury claim proceedings, please do not wait any longer to reach out to a talented Passaic County auto accident lawyer. Contact us today to retain the services of the Law Offices of August R. Soltis.