Freehold NJ Car Accident Lawyers Pursue Texting and Driving Claims
Every driver is aware of the risks involved with texting and driving. Sadly, many drivers admit that they have texted while driving at least once. Many drivers who text and drive think that they will not be caught, even if they cause an accident. However, the New Jersey accident attorneys at Lomurro Law are experienced in proving a driver was texting at the time of an accident.
Texting and driving statistics in New Jersey
One study showed that close to a quarter of all accidents that occurred in 2011 involved cell phones. This amounted to a staggering 1.3 million motor vehicle accidents in the United States that could have easily been prevented by simply waiting to send or read a text message.
By the time a text message is composed and sent (or read), a driver’s eyes have been off of the road for approximately five seconds. If the driver was traveling at 55 miles an hour, this is equivalent to driving the length of a football field without ever looking at the road. On the interstate, where the speed limit may be higher, a driver would travel even further.
Using a cell phone while driving significantly increases the odds of an accident. For example, just reaching for one’s phone increases the chances of a crash by 1.4 times. Talking on the phone or listening to a call increases the odds by 1.3 times, and dialing a phone number increases the risk of a crash by 2.8 times.
However, texting increases the odds of an accident by 23 times. This is because texting requires the visual, manual, and cognitive attention of the driver.
Texting and driving laws in NJ
It is illegal to text and drive in New Jersey. Drivers may be fined up to $400 for a first offense, up to $600 for a second offense, and up to $800 for a third offense. After a third offense, a driver may incur points on his license and may face license suspension as well.
When a motor vehicle accident occurs, proving that a driver was not following traffic laws is an important part of the claim. In personal injury claims involving motor vehicle accidents, an injured driver must show:
- The at fault driver owed the victim a duty
- That duty was breached due to the at fault driver’s negligence
- Due to that negligence, the victim was injured
In New Jersey, all drivers who travel on public roads have a duty to operate their vehicles in a manner that is safe and reasonable under the circumstances. For example, driving 10 miles an hour over the speed limit in sleet would not be considered safe and reasonable under the circumstances.
Often, a violation of a traffic law is an example of a driver’s negligence. Texting and driving and causing an accident would be negligent behavior that breaches the duty that drivers owe others as they travel in New Jersey.
As for the victim’s injuries, the victim must show that the injuries were directly related to the motor vehicle accident. For example, if the victim claims that back pain and a broken leg were caused by the accident, the victim must provide adequate medical evidence that demonstrates the same.
If a negligent driver texting caused your accident, contact leading Freehold New Jersey accident lawyers today for a free consultation
Texting and driving allegations are often difficult to prove, but the skilled New Jersey car accident attorneys at Lomurro Law have a long history of success proving negligence. New Jersey limits the amount of time injured victims have to file claims for their injuries. To schedule your free consultation to discuss your legal options, call 732-414-0300 or contact us online.