Marlton Texting While Driving Accident Lawyer
A driver who looks down at a phone for five seconds while traveling at highway speed covers the length of a football field without watching the road. That is the reality behind most texting-and-driving collisions, and it is also why these crashes tend to be so violent. The driver had no idea the collision was coming. You did not either. If you were hurt by a distracted driver in or around Marlton, Marlton texting while driving accident lawyer Joseph Monaco has spent over 30 years representing people in exactly this position throughout Burlington County and South Jersey.
Why Texting-and-Driving Crashes in Marlton Tend to Be Serious
Marlton sits at the intersection of Route 73 and Route 70, two of the busiest commercial corridors in Burlington County. The stretch of Route 73 running through the Marlton area is lined with shopping centers, restaurants, and retail plazas, creating constant lane-change traffic and stop-and-go congestion. Route 70 connects Cherry Hill to the Shore, making it a through-route for commuters and commercial drivers. Both roads see rear-end collisions and intersection crashes at high rates, and distracted driving is a documented contributing factor in a significant share of those accidents.
Texting removes a driver’s eyes, hands, and mental focus all at once. That triple distraction is why texting-related crashes frequently cause more severe injuries than crashes where the driver at least tried to brake. Victims in these collisions often suffer spinal injuries, traumatic brain injuries, fractured bones, and soft tissue damage that persists long after the accident itself. The fact that the collision could have been prevented entirely by the simple act of putting a phone down matters when it comes time to establish liability and calculate damages.
What Actually Proves a Driver Was Texting
Insurance adjusters know that “I wasn’t on my phone” is easy to say and harder to disprove without the right evidence. This is one area where moving quickly makes a real difference. Cell phone records obtained through the litigation process can show, with timestamp precision, whether a driver was sending or receiving texts, scrolling social media, or using apps at the moment of impact. Those records do not disappear, but gaining access to them requires following proper legal procedures and, in some cases, acting before the other driver or their insurer has time to prepare.
Beyond phone records, there are other sources that can corroborate what happened. Traffic and surveillance cameras at commercial intersections along Route 73 often capture accidents in real time. Witnesses at nearby businesses or on the road behind the at-fault driver may have seen the phone in use. The driver’s own conduct after the crash, including attempts to pocket or hide a phone, can be relevant. In cases involving commercial drivers, electronic logging and GPS data from their vehicles may also be available.
Physical evidence from the scene matters too. The absence of skid marks, the angle of impact, and the location of vehicle damage can all be consistent with a driver who never hit the brakes, which supports the inference of distraction. Taken together, this kind of layered evidence gives a case real traction that a bare assertion of “the light was green” cannot overcome.
New Jersey Law and How Fault Gets Assigned
New Jersey follows a comparative negligence standard. What that means in practice is that the total fault for an accident gets divided among all parties involved, and your recovery is reduced by your own percentage of fault. As long as you are found to be 50 percent or less responsible, you can still recover compensation. If you are found to be more than 50 percent at fault, you recover nothing.
In texting-and-driving cases, the distracted driver typically bears the overwhelming share of fault. But insurance companies will sometimes argue that the victim contributed to the accident by speeding, failing to yield, or not taking evasive action. Those arguments are worth taking seriously and preparing for, not because they are always valid, but because a well-documented response to them directly affects how much you ultimately receive.
New Jersey also has a two-year statute of limitations for personal injury claims. That clock starts running on the date of the accident. Missing that deadline closes the courthouse door regardless of how solid the underlying case might be. There is no procedural workaround once it has passed.
Compensation in a valid texting-and-driving case can include medical expenses, both past and future, lost wages, diminished earning capacity if the injuries affect your ability to work long-term, and damages for pain and suffering. In cases involving particularly egregious conduct, punitive damages are also sometimes available under New Jersey law, though they are not routinely awarded and require a specific showing.
Questions People Ask After a Texting-and-Driving Collision
The other driver admitted they were on their phone at the scene. Does that settle the case?
Not automatically. An admission at the scene can be valuable evidence, but insurance companies represent the driver, not the driver’s conscience. The insurer can still dispute the extent of your injuries, challenge your medical bills, or argue comparative fault. An admission helps, but the case still has to be built properly.
What if the at-fault driver’s insurance is minimal or they were uninsured?
New Jersey requires drivers to carry liability insurance, but minimum coverage is often inadequate for serious injuries. Your own underinsured or uninsured motorist coverage may fill part of the gap. There may also be other parties with liability exposure, such as an employer if the driver was working at the time. These situations are worth examining carefully before accepting that the at-fault driver’s policy limits are the ceiling of your recovery.
The police report says the driver was not cited for distracted driving. Does that mean there is no case?
A traffic citation, or the absence of one, is not the same thing as civil liability. Officers at the scene of a collision are focused on safety, not gathering civil evidence. Whether a citation was issued has no controlling effect on whether a civil case can be proven. The standard of proof in a personal injury case is lower than in a criminal or traffic court proceeding.
How long will this case take to resolve?
It varies considerably. Some cases settle within several months once medical treatment has stabilized and the full picture of damages is clear. Others take longer, particularly if the insurer disputes liability or if injuries require extended treatment before anyone can accurately project future medical costs. Filing suit does not mean going to trial, but having a lawyer prepared to litigate is often what moves an insurer toward a fair resolution.
My injuries seemed minor at first but got worse. Can I still make a claim?
Yes. Adrenaline at the scene of a collision often masks pain, and some injuries, particularly soft tissue injuries and concussions, do not reach full severity for days or even weeks after impact. What matters for your claim is what the medical records ultimately show about your injuries and their relationship to the accident. Seeking medical attention promptly after any collision, even one that initially feels minor, protects both your health and your legal position.
Can I handle the insurance claim myself and only hire a lawyer if it becomes complicated?
You can, but there are real risks. Insurers routinely try to record statements from claimants in the days immediately following a crash, when the full extent of injuries is not yet known. Statements made early in the process can be used to limit what you later claim. Once you have accepted a settlement and signed a release, you cannot reopen the claim even if your condition worsens.
Does Joseph Monaco personally work on these cases or is the work passed off to staff?
Joseph Monaco personally handles every case. That is a deliberate choice, not a marketing statement. When a client places their trust in the firm, they deal directly with him throughout the process.
Representing Accident Victims Across Burlington County and South Jersey
Monaco Law PC serves clients in Marlton, Mount Laurel, Cherry Hill, Moorestown, Medford, and throughout Burlington and Camden Counties. The firm also handles cases in other parts of New Jersey and in Pennsylvania. If the accident occurred in Marlton or anywhere in the South Jersey region, this office is positioned to handle the matter without you having to work with a firm unfamiliar with local courts and local roads.
Talk to a Marlton Distracted Driving Accident Attorney
Texting-and-driving cases have real deadlines, and the evidence that makes them winnable is most accessible in the period right after the crash. Joseph Monaco has spent over three decades representing injured people in New Jersey and Pennsylvania, and he offers a free, confidential case analysis with no obligation. Reach out to a Marlton distracted driving accident attorney at Monaco Law PC to get an honest assessment of where your case stands and what it would take to pursue it.
