Distracted Driving Accidents: What To Do If You’re A Victim Of Texting And Driving

a young driver looking at his cell phone while driving Motorists must practice reasonable care while driving to keep themselves and others safe. Unfortunately, distracted driving accidents are on the rise, and the majority of them are due to texting and driving. Although many of these cases may seem like they’re open and shut, fault can be challenging to prove. Our car accident lawyers at Krivitzky, Springer & Feldman have more than 95 years of combined experience in successfully recovering compensation for injured victims in a wide range of personal injury cases. We understand the elements of proving negligence and how important it is to investigate and litigate distracted driving accident claims.

Types Of Distracted Driving

Three major types of distractions can occur while you’re behind the wheel: manual distractions, physical distractions, and cognitive distractions. Texting and driving are particularly dangerous, as it involves all three.

Some other activities that can take your attention away from driving and the road include:

  • Eating and drinking
  • Putting on makeup
  • Adjusting controls
  • Having conversations with passengers
  • Dealing with children or pets in the car
  • Using your smartphone or another device

New Jersey Distracted Driving Law

The state of New Jersey designates distracted driving as any activity that could divert a person’s attention away from the primary task of driving. Using a cell phone or other handheld device is prohibited by law unless it’s in hands-free mode. School bus drivers, motorists under the age of 21, and older motorists who have a learner’s permit are not allowed to use electronic devices while driving, even hands-free objects.

What To Do After A Distracted Driving Accident

Being involved in an auto accident can leave you feeling stunned and overwhelmed, but it’s important to stay calm. If you’re involved in a crash with a distracted driver, taking the following steps can help to ensure your rights are protected.

Call 911. After an accident, it’s vital to seek medical attention and call the police, even if you don’t believe you’re seriously injured. Symptoms of certain injuries may not appear until days or even weeks later. Medical records and police reports are valuable evidence that can support a distracted driving accident claim, so make sure you get checked out and notify the proper authorities. If you believe a negligent motorist was texting and driving, talking on the phone, or doing something else that may have caused the accident, inform the police at the scene.

Document the scene and your injuries. Take photos of the scene, the vehicles, and your injuries. Collect contact, insurance, and driver’s license information from all involved drivers. It’s a good idea to also jot down license plate numbers. If there are any witnesses, get their contact information and statements. Use the voice recorder on your phone or write down everything you remember about what happened.

Contact a personal injury attorney. Seeking the counsel of a skilled attorney who is well-versed in handling distracted driving accident claims is important. Even if a settlement seems generous, don’t sign anything or give a statement to an insurance company without first speaking to a lawyer. Insurers often undervalue or try to deny claims to pay as little as possible. Our personal injury attorneys understand how to properly calculate your damages and fight to recover maximum compensation for your injuries and losses.  

How Our Distracted Driving Accident Lawyers Can Help

Our experienced legal team has the resources and knowledge to thoroughly investigate distracted driving accidents and prove who was at fault. We can obtain the defendant’s cell phone records, which may show the time and location of use, and whether any calls or text messages were sent or received at the time of the crash. We may also seek the assistance of accident reconstructionists who are experts in piecing together how a collision occurred. Interviewing witnesses, analyzing police reports, and backing up evidence of your injuries with medical records are also important elements of building a solid distracted driving accident claim.

Our personal injury lawyers take cases on contingency, which means you won’t incur any up-front costs or owe attorney fees unless we recover compensation for you.

Contact A Jersey City Personal Injury Attorney Today

If you’ve been injured or have suffered the loss of a loved one in a distracted driving accident, our responsive team at Krivitzky, Springer & Feldman can help. Use the live chat feature on our website or contact us online with any questions or to schedule a free consultation. You can call our Jersey City office at 201-798-2711 or our Newfoundland, New Jersey office at 973-874-0556. We serve clients in Jefferson, Kinnelon, West Milford, Vernon, and throughout the state of New Jersey. Se habla español.

Krivitzky, Springer & Feldman