Freehold NJ Distracted Driving Accident Attorneys Recover Maximum Compensation for Clients
In distracted driving claims in NJ, a victim may be entitled to multiple types of damages
Many of us pride ourselves on our ability to multitask. However, when we are driving, we need to focus on driving and driving alone. Unfortunately, thousands of victims are injured or even killed every year by distracted drivers. In fact, in 2014, over 3,000 individuals lost their lives and 431,000 were injured in accidents caused by distracted driving. At Lomurro Law, our New Jersey injury attorneys are successful in proving distracted driving allegations to ensure you receive the compensation you deserve for your injuries.
Common causes of distracted driving
There are numerous distractions that may cause an accident. These include:
- Texting, typing emails, or using apps
- Eating and drinking
- Talking to passengers
- Talking on the phone
- Combing one’s hair or putting on makeup
- Studying maps
- Using a GPS
- Watching videos
- Adjusting climate control and radio settings
- Admiring scenery
Taking one’s eyes off of the road for just under 5 seconds to complete one of these activities at 55 miles an hour is the equivalent of driving the length of a football field with a blindfold on.
Proving that a driver was distracted
In some cases, a driver may actually admit that he or she was distracted at the time of an accident. However, in the majority of claims, a driver is not going to admit this. Therefore, attorneys must look at the facts of the case to determine whether it was likely that the at fault driver was distracted.
In some cases, witness testimony is helpful. Witnesses may have noticed that the driver was weaving in and out of his lane or appeared to react too slowly to traffic signals. Witnesses may have also spotted the driver texting, talking on the phone, smoking, or engaging in some other activity.
Cell phone records are often requested in distracted driving claims. Cell phone records usually show the time that calls were made and text messages were sent. Therefore, an attorney may use this data to argue that a driver was distracted if the times of the calls or text messages line up with the time of the accident.
Traffic cameras and storefront cameras may have also captured the accident on tape. Video footage of the accident may further prove that a driver was distracted.
Damages available in a distracted driving claim in New Jersey
In New Jersey, drivers have the option to choose no fault coverage or traditional coverage with their insurance companies. With traditional coverage, a driver may file a lawsuit against an at fault driver after an accident. With no fault coverage, a driver may only sue if certain types of injuries result after a car accident. These injuries are:
- Serious scarring
- Displaced fractures
- Loss of a fetus
- Permanent injury
If any of these injuries occur in an accident, the victim may step outside of the no fault system and bring a lawsuit.
Damages available in a lawsuit include:
- Property damage
- Medical expenses
- Lost wages
- Pain and suffering
- Emotional distress
- Loss of consortium
- Funeral expenses
- Future lost earnings
- Punitive damages
Depending on the individual facts of the case, numerous types of damages may be awarded.
Were your injuries caused by a distracted driver? If so, contact leading Freehold NJ distracted driving accident attorneys today for a free consultation
If you were injured, or if a loved one was killed by a distracted driver, contact Lomurro Law to set up a free consultation to discuss your claim with one of our New Jersey car accident attorneys and understand your legal options. Call 732-414-0300 or contact us online as soon as possible to protect your legal rights.