Social media has become a major part of everyday life, with platforms like TikTok giving users the ability to capture and share videos in real time. Unfortunately, some drivers choose to film TikTok videos or other social media content while behind the wheel, creating a dangerous distraction that can lead to serious crashes. Can you file an auto accident claim if the other driver was filming a TikTok while driving? In most cases, yes. If the driver’s distracted behavior caused the accident, you may have the right to pursue compensation for your injuries and damages.
The Dangers of Filming While Driving
Distracted driving is one of the leading causes of traffic accidents in the United States. While texting and driving is well known as a risk, filming for social media platforms like TikTok can be even more dangerous. Recording a video often requires the driver to hold a phone, look away from the road, adjust camera angles, or interact with the app.
Even a few seconds of inattention can have devastating consequences. At 55 miles per hour, a car travels the length of a football field in just five seconds. That is more than enough time for a collision to occur.
How Filming TikToks While Driving Can Prove Fault in a New Jersey Car Accident
In New Jersey, auto accident claims follow a no-fault system, but your compensation can be reduced if you share any responsibility for the crash. Proving that the other driver was entirely at fault can increase the amount you’re able to recover.
If the other driver was filming a TikTok at the time of the collision, that behavior can serve as compelling evidence of negligence. Negligence means failing to use reasonable care behind the wheel. Recording a video while driving diverts attention from traffic, road signs, and surrounding vehicles. It’s a dangerous choice that can clearly show the driver breached the duty of care they owed to you.
Proving the Other Driver Was Filming
To strengthen your claim, you will need evidence showing the other driver was filming at the time of the accident. Possible sources of proof include:
- Cell Phone Records: These may show the driver was using the TikTok app during the crash.
- Social Media Posts: If the video was posted publicly, it can serve as direct evidence of distracted driving.
- Witness Statements: Passengers or bystanders may have seen the driver recording.
- Dashcam or Traffic Camera Footage: Video evidence from other vehicles or nearby cameras may capture the driver’s actions.
- Police Reports: Officers who responded to the scene may have documented signs of phone use.
Your attorney can help obtain and preserve this evidence before it disappears.
New Jersey Laws on Distracted Driving
In New Jersey, it is illegal for drivers to use handheld electronic devices while operating a vehicle. This includes texting, holding a phone, or using social media. The law applies to filming videos, as well. Violating these rules can result in fines, points on a driver’s license, and in some cases, criminal charges if the distraction causes serious injury or death.
When a driver violates a traffic law, such as the ban on handheld devices, that violation can be used as evidence of negligence in a civil claim. This can make it easier to prove fault in your auto accident case.
Damages You May Recover in an Auto Accident Claim
If you prove the other driver’s negligence, you may be entitled to compensation for:
- Medical expenses, including hospital bills, rehabilitation, and ongoing care
- Lost wages and loss of future earning capacity
- Pain and suffering
- Property damage to your vehicle
- Emotional distress and reduced quality of life
The value of your claim will depend on the severity of your injuries, the impact on your daily life, and the available evidence.
Similar Post: Maximizing Compensation After a Car Accident in New Jersey: What You Need to Know
Why Acting Quickly Matters
In New Jersey, the statute of limitations for filing an auto accident claim is generally two years from the date of the crash. Waiting too long can make it harder to collect evidence and may result in losing your right to sue. Contacting an attorney soon after the accident ensures that critical proof, such as phone records or witness statements, is preserved.
Steps to Take After an Accident Involving a Distracted Driver
If you suspect the other driver was filming a TikTok when the crash occurred, you should:
- Call 911 and request police assistance so that the incident is officially documented.
- Seek medical attention immediately, even if you think your injuries are minor.
- Gather contact information from witnesses and ask if they saw the driver using a phone.
- Take photographs or video of the accident scene, your injuries, and any visible phone use.
- Avoid posting about the accident on social media, as your statements could be used against you.
- Contact a New Jersey auto accident attorney as soon as possible.
Following these steps will help protect your legal rights and strengthen your claim.
The Role of an Attorney in Proving Distracted Driving
An experienced personal injury attorney can investigate your case, gather the necessary evidence, and work with experts to reconstruct the events leading up to the crash. They can also negotiate with insurance companies on your behalf, ensuring you are not pressured into accepting a low settlement.
If the case goes to court, your lawyer can present compelling evidence of the other driver’s distraction, such as timestamps from the TikTok video, testimony from eyewitnesses, and technical analysis of phone usage records.
Final Thoughts: Can You File an Auto Accident Claim If the Other Driver Was Filming a TikTok While Driving?
Yes. If you can prove that the other driver was distracted by filming a TikTok and that this distraction caused your accident, you may be able to recover compensation for your injuries and losses. New Jersey law prohibits handheld device use while driving, and violations of this law can significantly strengthen your case.
These claims not only help injured victims recover damages but also send a message that distracted driving whether from texting, filming, or any other phone use is unacceptable and dangerous.
Contact Blume Forte Attorneys at Law Today
At Blume Forte Attorneys at Law, we have decades of experience representing victims of serious motor vehicle accidents across New Jersey. Our legal team understands the complexities of proving distracted driving, especially when it involves social media use like TikTok filming.
If you were injured because another driver was focused on their phone instead of the road, we will work tirelessly to gather the evidence, build a strong case, and fight for the compensation you need. We will consult with accident reconstruction experts, obtain critical phone and social media records, and stand up to insurance companies that try to minimize your claim.
You should not have to face mounting medical bills, lost wages, and pain alone. Contact Blume Forte Attorneys at Law today for a free, confidential consultation and learn how we can help you hold negligent drivers accountable. We represent clients in Hackensack, East Orange, Elizabeth and throughout the state.
Disclaimer: This blog is intended for informational purposes only and does not establish an attorney-client relationship. It should not be considered as legal advice. For personalized legal assistance, please consult our team directly.
