Distracted driving has become one of the most prevalent causes of car accidents across the United States, and New Jersey is no exception. As personal injury attorneys at The Law Offices of Richard A. Stoloff, we understand how devastating these accidents can be for victims and their families. If you’ve been involved in a car accident caused by a distracted driver, it’s important to understand how these cases are handled under New Jersey law and how you can pursue compensation for your injuries.
In this blog post, we’ll dive into the key aspects of distracted driving accidents, their legal implications in New Jersey, and how our firm can help you maximize your injury claim.
What Is Distracted Driving?
Distracted driving refers to any activity that diverts attention away from driving, impairing a driver’s ability to operate their vehicle safely. Common distractions include:
- Texting or using a mobile phone
- Eating or drinking
- Adjusting navigation or car settings
- Talking to passengers
- Grooming or applying makeup
According to the National Highway Traffic Safety Administration (NHTSA), texting while driving is particularly dangerous, as it combines visual, manual, and cognitive distractions all at once. This dangerous behavior is widespread despite the strict laws in place across the country.
New Jersey’s Laws on Distracted Driving
New Jersey has implemented strict distracted driving laws to address the growing problem. Under New Jersey’s Cell Phone Use While Driving Law (N.J.S.A. 39:4-97.3), it is illegal to use a handheld mobile device while driving, including for texting or calling. Drivers caught violating this law face fines and other penalties, including points on their license. However, distracted driving encompasses more than just cellphone use, and any form of distraction that leads to an accident may result in legal consequences.
The state’s contributory negligence rule may also affect how distracted driving impacts your auto accident claim. New Jersey follows the rule of modified comparative negligence, meaning that if you are partially at fault for the accident, your compensation could be reduced proportionally. If you are found more than 50% at fault, you may be barred from recovering any damages. This is why it’s crucial to work with an experienced attorney to establish the other driver’s negligence and protect your rights.
Proving Distracted Driving in New Jersey Auto Accident Claims
When pursuing an injury claim following a distracted driving accident, it’s essential to prove that the other driver was negligent. This often requires gathering evidence that clearly shows their distraction led to the crash. Some common types of evidence that can help establish distracted driving include:
- Phone records: If the driver was texting or on the phone at the time of the accident, phone records can provide key evidence to support your claim.
- Eyewitness testimony: Passengers, pedestrians, or other drivers who witnessed the accident may have seen the driver engaging in distracting behavior, which can strengthen your case.
- Surveillance footage: Traffic cameras or dash cams may capture footage of the driver’s actions before the collision.
- Police reports: Law enforcement officers who respond to the scene may note distracted driving in their accident reports if they observe relevant evidence or behavior.
Our team at The Law Offices of Richard A. Stoloff has experience in handling distracted driving claims and gathering the necessary evidence to establish negligence. We work closely with experts and investigators to ensure that your claim is as strong as possible.
The Dangers and Consequences of Distracted Driving Accidents
The statistics around distracted driving accidents are alarming. In 2020 alone, distracted driving was responsible for approximately 3,142 deaths across the U.S., according to the NHTSA. In New Jersey, hundreds of fatalities and thousands of injuries are attributed to distracted driving each year. These accidents can lead to severe and long-term consequences for victims, including:
- Serious injuries: Victims may suffer from broken bones, spinal cord injuries, traumatic brain injuries, or other life-altering conditions.
- Emotional trauma: Beyond physical injuries, victims may endure emotional and psychological pain, including post-traumatic stress disorder (PTSD) or anxiety.
- Financial burdens: Medical expenses, lost wages, and other financial burdens can place significant stress on victims and their families.
In many cases, distracted driving accidents result in more severe consequences than accidents caused by other forms of negligence because the distracted driver may not even attempt to prevent the collision. This can result in higher speeds, rear-end collisions, or even multi-vehicle pileups, all of which can exacerbate the injuries sustained by victims.
Filing a Personal Injury Claim After a Distracted Driving Accident
If you’ve been injured in a distracted driving accident in New Jersey, you have the right to pursue compensation for your damages. New Jersey law allows accident victims to seek compensation for:
- Medical expenses: This includes hospital bills, surgery costs, rehabilitation, and ongoing treatment for your injuries.
- Lost wages: If your injuries have caused you to miss work, you can recover compensation for lost income, as well as diminished earning capacity if your injuries prevent you from returning to work.
- Pain and suffering: Victims can seek damages for the emotional and psychological impact of the accident, including pain, suffering, and mental anguish.
- Property damage: You may also be entitled to compensation for damage to your vehicle or other personal property involved in the accident.
Our firm is dedicated to ensuring that you receive the maximum compensation possible for your injuries. We will assess your case, help gather evidence, and negotiate with insurance companies on your behalf to reach a favorable settlement. If necessary, we are prepared to take your case to court and fight for your rights before a judge or jury.
Why You Need a Skilled Personal Injury Attorney
While it’s possible to handle a personal injury claim on your own, working with an experienced attorney can significantly improve your chances of success, particularly in distracted driving cases. At The Law Offices of Richard A. Stoloff, we have extensive experience navigating the complexities of New Jersey’s personal injury laws and advocating for accident victims.
Our firm understands the tactics that insurance companies use to minimize or deny claims, and we’re committed to ensuring that you receive the full and fair compensation you deserve. We take the burden off your shoulders so that you can focus on your recovery while we handle the legal aspects of your case.
Contact The Law Offices of Richard A. Stoloff Today
If you’ve been injured in a distracted driving accident in Linwood, Atlantic City, or anywhere across Southern New Jersey, The Law Offices of Richard A. Stoloff are here to help. Our experienced New Jersey personal injury attorneys specialize in auto accidents and are dedicated to securing the compensation you deserve. Don’t let insurance companies dictate your recovery—let us fight for your rights. Contact us today for a free consultation and take the first step toward getting the justice and compensation you may be entitled to.