Distracted Driver Faces Child Endangerment Charges After Fatal New Jersey Crash

Endangering ordinary adults is bad enough, but drivers face especially harsh penalties for endangering children. Unfortunately, many parents and guardians fail to keep their eyes on the road – even when they have minors in their vehicles. Recently, a woman became distracted, crashed, and caused injuries to a child in her vehicle. The accident also killed another driver. What can you do if your child is injured by a negligent driver? Can you sue the driver of the vehicle for endangering and harming your young one? These are questions you might want to ask your New Jersey personal injury lawyer during an initial consultation.

Police Say Child’s Injury Was Caused by Woman Distracted by Phone

In June of 2024, authorities in New Jersey stated that a woman had been arrested on numerous charges. These included child endangerment, assault by automobile, and obstruction of justice. She also faced charges of vehicular homicide and manslaughter. This came after the woman crashed her vehicle while allegedly distracted by her phone.

The incident occurred in Jackson Township, and evidence shows that the woman was using her phone while making a left-hand turn. She failed to navigate into the correct lane and veered into oncoming traffic, ultimately striking an SUV driven by another woman. This other driver died after being transported to a nearby hospital.

After arriving at the scene, first responders noticed that there was an injured child in the distracted driver’s vehicle. Not only was the woman using her phone with a minor in the car, but she also failed to use a proper child car seat. The woman allegedly should have been using a special car seat with rear-facing features based on the child’s age and weight. Unfortunately, this child also succumbed to their injuries after being transported to a nearby hospital. A second child in the same vehicle also suffered injuries but survived.

After analyzing the crash, police determined that the woman remained in the wrong lane for “some distance” and that she failed to take any corrective action prior to the impact. Suspecting that distraction may have been to blame, police obtained a search warrant for the woman’s phone and extracted various data. This data suggests that she was actively using her phone at the time of impact.

Can You Sue an Adult Driver if Your Child Was Injured as a Passenger?

Yes, it is possible to sue an adult driver if your child was injured while riding as their passenger. A minor is not capable of filing a lawsuit on their own, so a family member will need to sue on their behalf. You can sue any adult driver who caused their injuries. This might be a sports coach, a babysitter, or an ex-partner.

If your ex caused the injury, you might want to consider the ramifications of suing them. If you receive child support or alimony from this individual, your lawsuit could effectively halt all further payments. Ultimately, this is a subject you might want to discuss with a family law attorney in New Jersey. A parent might lose custody of their child if they are convicted of child endangerment, and you may gain sole custody.

Proving That a Driver Was Distracted

This incident also shows the ease with which police can expose distracted drivers. They are now highly adept at extracting the necessary data from smartphones, and this data can clearly indicate that the defendant was using their device at the moment of the crash. Not only that, but this data could show which apps they were using moments before the accident.

For example, the driver might have been texting, shipping online, playing video games, or watching a video. They might also have been scrolling through social media. Details matter when it comes to personal injury lawsuits, and your lawyer can help you use this cellphone data as evidence in a personal injury case.

Find an Experienced Auto Accident Lawyer in New Jersey

If you have been searching for an experienced auto accident lawyer in New Jersey, look no further than Lependorf & Silverstein, P.C. With our help, you can hold negligent parties accountable for injuring your child. Drivers owe all passengers a duty of care – especially minors. If they fail in this duty by becoming intoxicated or distracted, you are fully justified in exploring your legal options. To discuss these options in more detail, consider booking a consultation at your earliest convenience.