If you were in a car accident caused by a distracted driver, that driver may owe you financial compensation. Although New Jersey is a no-fault state, a distracted driver may be liable for your losses if your car accident meets the state's serious injury threshold. Your crash may be severe enough to allow you to hold the other driver responsible with a car accident lawsuit if you have broken bones, significant scarring or disfigurement, or a permanent disability.
If your distracted driving accident was not serious enough, you will seek financial compensation from your own auto insurance provider, regardless of fault. This is how New Jersey's no-fault insurance system works. If you can hold another driver responsible, however, it will be up to you or your Bergen County car accident lawyer to prove that the other driver was distracted and that this caused the crash.
Proving distracted driving takes a preponderance of the evidence – enough evidence to persuade a judge and jury that the driver more likely than not caused the car accident. Evidence of distracted driving may include a police report, a ticket against the other driver for a texting and driving violation, and the driver's cell phone records.