Distracted driving is a leading cause of multi-vehicle collisions in New Jersey. The problem is that courts require high-quality, objective evidence to determine liability. If you ever get into an accident with a distracted driver, you need to understand the laws that can protect your rights.
What does the law say about distracted driving?
New Jersey’s Paul Miller’s Law strictly bans handheld cell phone use while driving and even while stopped in traffic. There are a few exceptions, but those only apply if the driver can prove them. Without solid proof, a judge or jury may treat the gadget use as negligent.
Types of evidence that may show distraction
Authorities use evidence to reconstruct the event seconds before the crash. This process often involves the following information:
- Cellphone records: Authorities can subpoena the distracted driver’s phone records once you file a lawsuit. Timestamps of texts and calls may prove proximity to the time of the crash. Data records can also show if the driver was streaming video or scrolling social media at the time of the accident.
- Event Data Recorders (EDRs): Manufacturers often equip more modern vehicles with an EDR. This device records mechanical data seconds before a collision. EDRs show if the driver applied the brakes on time or if they steered too late, causing the accident.
- Video and surveillance footage: With more dashcams and smart‑city cameras, video evidence is now increasingly available. However, some traffic‑cameras overwrite recordings after 24–72 hours, so lawyers should send a spoliation/preservation letter to prevent deletion. Unaltered dashcam video is usable in New Jersey courts but a witness has to authenticate it.
Objective data is crucial in proving fault and liability. Without them, your personal injury claim may never get approved.
How context affects fault and damages
New Jersey follows a Modified Comparative Negligence rule. This means that if the defense can prove you were also distracted, you will receive a total compensation reduced by your percentage of fault. This is why your evidence should clearly show that the other driver’s distraction is purely the cause of the accident.
What should you do next?
You need to collect all evidence that proves the distracted driver is at fault. You can speak with a personal injury lawyer to help you present these facts in court. They can also challenge the defense’s proof against you and advocate for your right to fair compensation.
