The Consequences of Distracted Driving: How New Jersey Laws Protect Victims

filing a claim for a distracted driving accident

Distracted driving is a growing concern on New Jersey roads, leading to a significant rise in car accidents and serious injuries. For victims, the aftermath can be overwhelming, from mounting medical bills to lost income. Thankfully, New Jersey laws are designed to safeguard the rights of those injured by negligent drivers. This blog will explore the impact of distracted driving, the steps to filing a claim for a distracted driving accident, and how a skilled personal injury lawyer can help you pursue justice.

Understanding the Rise of Distracted Driving Cases

Distracted driving encompasses any activity that diverts attention from the road, such as texting, eating, or using a GPS device. With the widespread use of smartphones, distracted driving has become a leading cause of car accidents across the state. According to the New Jersey Department of Transportation (NJDOT), distracted driving was cited as a contributing factor in over 800,000 crashes nationwide in 2020. In New Jersey alone, distracted driving accounted for nearly 50% of all motor vehicle crashes, resulting in over 150,000 reported accidents annually. Tragically, many of these incidents lead to severe injuries and fatalities, highlighting the urgent need for awareness and enforcement.

Common Types of Distracted Driving

Visual Distractions: Taking your eyes off the road, such as looking at your phone or adjusting controls.
Manual Distractions: Removing hands from the wheel, such as eating, drinking, or reaching for items.
Cognitive Distractions: Focusing on thoughts instead of driving, such as daydreaming or having intense conversations.

Each of these distractions can have devastating consequences, particularly in high-traffic areas or during adverse weather conditions. Even a momentary lapse in attention can result in catastrophic injuries for innocent victims.

The Scope of the Problem

Studies have shown that distracted driving is responsible for a significant portion of traffic-related injuries and fatalities. In New Jersey, the problem is exacerbated by congested roadways and the prevalence of mobile device usage. Public awareness campaigns have highlighted the dangers, but the issue persists, leaving many drivers and pedestrians at risk.

Legal Protections for Victims in New Jersey

New Jersey takes distracted driving seriously, providing legal avenues for victims to seek compensation through a personal injury claim. If you’ve been hurt in an accident caused by a distracted driver, the law entitles you to pursue damages for:

Medical expenses
Lost wages
Pain and suffering
Property damage

Filing a Claim for a Distracted Driving Accident

To file a successful claim, you must prove that the at-fault driver’s distraction directly caused the accident and your injuries. Evidence such as police reports, eyewitness testimony, and cell phone records can strengthen your case. Working with an experienced car accident lawyer is crucial to navigating this process and ensuring your rights are protected.

The Importance of Evidence

Evidence plays a critical role in personal injury cases. Your attorney may also work with accident reconstruction experts to demonstrate exactly how the distracted driver’s negligence caused the crash. Photos from the scene, traffic camera footage, and even social media posts can help establish liability.

The Role of a Car Accident Lawyer

Personal injury claims can be complex, especially when dealing with insurance companies that aim to minimize payouts. A car accident lawyer can be your strongest ally in holding negligent drivers accountable. Here’s how:

Investigating the Accident

Your attorney will gather crucial evidence, including:

Photographs of the accident scene
Surveillance footage
Testimonies from witnesses

Thorough investigations are essential for building a strong case, particularly in distracted driving claims where proving negligence can be challenging.

Negotiating with Insurance Companies

Insurance adjusters often attempt to downplay injuries or deny liability. A skilled lawyer will negotiate aggressively to secure the compensation you’re seeking. They understand the tactics insurers use and will fight to ensure that you are treated fairly.

Representing You in Court

If a fair settlement cannot be reached, your attorney will take your case to trial, presenting compelling evidence to advocate for your rights. This includes expert witness testimony and detailed accident analyses.

Providing Emotional Support

Beyond the legal aspects, having an attorney on your side can provide much-needed emotional support. They handle the stressful details, allowing you to focus on recovery.

Why Acting Quickly Is Essential

In New Jersey, the statute of limitations for filing a personal injury claim is generally two years from the date of the accident. Missing this deadline can result in losing your right to pursue compensation. Additionally, acting promptly allows your attorney to collect time-sensitive evidence and build a stronger case.

Additional Time Constraints

For cases involving government entities, such as when a municipal vehicle is involved, the timeline to file a claim may be even shorter. Consulting a lawyer as soon as possible ensures you meet all necessary deadlines.

How Victims Can Recover Compensation

To recover damages, victims must demonstrate the following:

The driver’s distraction violated their duty of care.
This negligence directly caused the accident.
The accident resulted in specific losses, such as medical expenses or lost income.

Types of Compensation Available

Economic Damages: Covering measurable costs like medical bills, rehabilitation expenses, and lost wages.
Non-Economic Damages: Compensating for intangible losses such as pain and suffering, emotional distress, and diminished quality of life.
Punitive Damages: In rare cases, courts may award punitive damages to punish particularly egregious negligence.

Protect Your Rights After an Accident

If you’re involved in a distracted driving accident, taking the following steps can strengthen your claim:

Call the police and ensure an accident report is filed.
Seek immediate medical attention, even for minor injuries, as symptoms may worsen over time.
Document the scene with photos and gather contact information from witnesses.
Avoid speaking with insurance adjusters without legal representation.
Contact a car accident lawyer to discuss your legal options.

Common Mistakes to Avoid

Admitting Fault: Even casual apologies can be used against you.
Delaying Medical Treatment: Failing to see a doctor promptly can harm your case.
Posting on Social Media: Avoid sharing details about the accident online, as these can be misconstrued.

Injured in a New Jersey Distracted Driving Accident? Let the Personal Injury Lawyers at Drazin & Warshaw Help

Facing the aftermath of a distracted driving accident can feel overwhelming, but you don’t have to go through it alone. The experienced attorneys at Drazin & Warshaw are dedicated to fighting for the rights of car accident victims throughout New Jersey. We’ll handle the legal complexities so you can focus on healing.

If you or a loved one has been injured by a distracted driver, give us a call at 732-333-8141 or fill out our online contact form. Our dedicated team will fight tirelessly to secure the compensation you’re seeking after a distracted driving accident. Schedule your free consultation today and let us help you get back on the road to recovery! We represent clients in Hazlet, Westfield, Red Bank, Brick and the surrounding areas.

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.