The East Orange Distracted Driving Lawyers

Distracted driving is one of the leading causes of car accidents in the United States. It involves any activity that diverts attention away from driving, and the list of those activities is longer than one might think. The consequences of these distractions can be severe, leading to accidents that result in personal injuries, vehicle damage, and even fatalities.

While technological advancements have made life easier, they have also contributed to the rise in distracted driving incidents. Still, they are not the only thing that competes for a driver’s attention. The East Orange car accident lawyers at Goldstein & Goldstein, LLP represent clients injured by distracted drivers, explaining their options, gathering evidence, and advocating for their rights.

What Is Considered Distracted Driving?

Distracted driving activities can be visual, manual, or cognitive, and each can impair the driver’s ability to operate the vehicle safely. The most common forms of distracted driving include:

1. Texting or using a smartphone while driving
2. Talking on the phone with or without hands-free devices
3. Eating or drinking while behind the wheel
4. Adjusting the car’s entertainment or navigation systems
5. Speaking with passengers in the vehicle
6. Looking at something outside the car, like billboards
7. Grooming, like brushing hair or applying makeup

Any of these distractions can increase the likelihood of a collision and cause serious harm to others on the road.

How Does Distracted Driving Lead to Accidents?

When a driver becomes distracted, their attention is diverted from the task of operating the vehicle. This can lead to several dangerous consequences. First, the driver may fail to notice changes in traffic conditions, such as a stopped car ahead or a red light. Additionally, distracted drivers often take longer to react to unexpected events. This delay can result in rear-end collisions, side-impact accidents, or even head-on crashes. In some cases, distracted driving can lead to fatalities.

Another issue is that distracted drivers may not have full control of their vehicles. When a driver is distracted by a text message or a phone call, they may take their hands off the steering wheel or eyes off the road, increasing the risk of losing control. Studies have shown that texting while driving can delay reaction time more than driving under the influence of alcohol.

What Are the Categories of Driver Distractions?

There are three main types of distractions that can impair a driver’s ability to focus on the road:

1. Visual Distractions: These occur when a driver takes their eyes off the road, such as when looking at a phone screen or checking a GPS device.
2. Manual Distractions: This happens when a driver uses their hands for activities other than controlling the vehicle, such as texting or eating.
3. Cognitive Distractions: These distractions affect the driver’s mental focus and include activities like having a conversation or daydreaming.

Each type of distraction can be dangerous on its own, but when combined, it can significantly reduce a driver’s ability to drive safely.

What Are the Legal Implications of Distracted Driving in New Jersey?

In New Jersey, distracted driving is against the law. Drivers are prohibited from using handheld mobile devices while driving, and those caught texting or talking on the phone without a hands-free device can face fines, penalties, and even license suspensions. If a driver causes an accident due to distracted driving, they may be held liable for any injuries or property damage resulting from the crash.

Bear in mind that New Jersey follows a comparative negligence rule for motor vehicle accidents. This means that if both parties are partially responsible for the accident, the court will determine the degree of fault and assign a percentage of liability. If the distracted driver is found to be at fault, they may be required to compensate the other party for medical bills, lost wages, pain and suffering, and other damages. For example, if you were speeding and a distracted driver merged into your lane and caused a crash, you might both be assigned a level of liability.

What Do I Do if I See a Distracted Driver?

If you notice a distracted driver, it is important to take action to protect your safety and the safety of others on the road. Here is what you can do:

• Keep a Safe Distance: Increase the space between your vehicle and the distracted driver.
• Avoid Tailgating: Allow extra room for the distracted driver to correct any mistakes.
• Use Your Horn Cautiously: If necessary, use your horn to get the distracted driver’s attention without startling them.
• Report to Authorities: If the driver’s behavior seems dangerous, call local law enforcement to report the incident.
• Drive Defensively: Be prepared for unexpected movements from the distracted driver.

Our East Orange car accident lawyers advocate for safe driving practices, but we understand that distracted driving accidents still happen often.

What if the Distracted Driver Who Hit Me Has No Insurance?

When that happens, you may still have options for compensation. First, check if you have uninsured motorist coverage through your own auto insurance policy. This coverage can help pay for medical expenses, lost wages, and vehicle repairs.

If you do not have this coverage, you may be able to file a claim against the at-fault driver personally, though it may be difficult to collect payment if they have no assets. During a free consultation, our East Orange car accident lawyers can advise you on the next steps for pursuing compensation in these cases.

How Can a Lawyer Help with Distracted Driving Accidents?

If you or a loved one was injured in a distracted driving accident, an experienced car accident lawyer can explain your legal options. They can investigate the circumstances of the accident, gather evidence, and determine whether the other driver was distracted at the time of the crash. Evidence like phone records, witness testimony, and traffic camera footage can help prove that a driver was distracted.

Our East Orange car accident lawyers also negotiate with insurance companies, fighting to get clients fair compensation for their injuries. They can also represent you in court if the case goes to trial, protecting your rights and doing everything they can to hold the responsible party accountable for their actions.

The Skilled East Orange Car Accident Lawyers at Goldstein & Goldstein, LLP Can Help You with Your Distracted Driving Case

After a distracted driving accident, it is important to act quickly to protect your rights. The knowledgeable East Orange car accident lawyers at Goldstein & Goldstein, LLP will explain your legal rights. We are a boutique firm with a team of seasoned attorneys who offer personalized representation – not what you get at large firms. For a free consultation, call 973-675-8277 or contact us online. Located in East Orange, New Jersey, we gladly serve clients in the surrounding areas.