Legislation in the New Jersey State Senate would let police confiscate the cellphones of drivers involved in car accidents, CBS Philly reports.

The bill states:

“Whenever an operator of a motor vehicle has been involved in an accident resulting in death, bodily injury, or property damage, a police officer who reports to the scene of the accident may confiscate the operator’s hand-held wireless telephone if, after considering the facts and circumstances surrounding the accident, the officer has reasonable grounds to believe that the operator involved in the accident was operating a hand-held wireless telephone while driving a motor vehicle.”

If passed, the bill would increase the penalty for texting and driving. Currently, New Jersey law imposes a $100 fine for driving while illegally using a cellphone.

Under the new legislation, the penalty for texting and driving would be $300 and two points on a driver’s license. Further, a texting driver who causes an accident would face a three-month license suspension.

Cellphones contributed to 3,244 crashes in New Jersey in 2011, according to the New Jersey Department of Transportation. Hands-free cellphones were nearly as risky as hand-held devices, according to the data:

• Drivers using hand-held cellphones were involved in 1,840 crashes, with 807 injuries and six deaths.
• Drivers using hands-free cellphones were involved in 1,404 crashes with 517 injuries and no deaths.

If you have been injured because of someone else’s negligent driving in New Jersey or New York, talk to the personal injury lawyers at Ginarte Gonzalez Winograd, LLP.  Contact us for a free consultation to determine whether you have a case.