In a lot of personal injury cases, the only evidence available is the testimony of the two or more people involved. It can be hard to determine what is true, what is an exaggeration and what is a lie. When the circumstance involves a motor vehicle collision, thousands of dollars worth of damages and losses may be involved.
The good news for victims of negligent drivers who chose to text at the wheel is that it is very often possible to prove that somebody had their phone out at the time of a crash. Your word alone won't be the only information available. If you can prove that the other party was on their phone while driving, that alone may be sufficient grounds for a personal injury claim in New Jersey after a car crash.
After all, manual use of a phone, including for calls or texting, is against the law for any driver in the Garden State. Those who break this rule can wind up liable for damages, losses and injuries, caused by the crashes that result from their dangerous and negligent driving habits.
Even if the other driver lies, digital records don't
Most people live their lives through their mobile phones these days. That means they leave a constant trail of digital fingerprints behind them. Cell tower pings, data usage, and records of each message and email can paint a vivid image of someone's life. Those same digital records can help prove that someone engaged in dangerous behavior at the wheel.
Whether someone chooses to post to Snapchat while driving or respond to an email from their boss, there is likely a digital signature that proves the driver used the phone.
People can go through and manually delete individual records within their phones, but the cellphone carrier will have data related to use that shows even deleted messages and emails. Accessing these records typically only requires a subpoena or court order related to a civil lawsuit.
Witnesses and traffic cameras can also help your case
If you saw the other driver on their phone before the crash, chances are good that other people may have, too. It is also possible that nearby intersection traffic cameras will show that person with a phone in their hands or their hands off of the wheel.
Researching and finding proof that someone was on their phone at the time of a crash isn't easy. However, it is a necessary process if you hope to receive compensation for the injuries and property damage a distracted driver causes. Working with a personal injury attorney who understands New Jersey law is a good first step toward recovering crash-related financial losses.