Newark Distracted Driving Accident Lawyers

In urban areas like Newark, where traffic congestion and pedestrian activity are high, driver distraction can quickly result in serious collisions. A momentary lapse in focus can lead to significant injury, property damage, or loss of life; when drivers engage in any non-driving activity behind the wheel, the risk to others increases dramatically. 

Our Newark distracted driving lawyers skillfully represent clients who have suffered injuries due to another motorist’s divided attention. These cases require thorough evidence sourcing and presentation, accurate damages estimation, and strong negotiating skills. When settlements are not reached, our litigation skills can also work to your benefit.

What Constitutes Distracted Driving?

Distracted driving includes any activity that takes a motorist’s eyes, hands, or attention away from operating a vehicle. While cellphone use is often the focus of discussions around this issue, other distractions may be just as hazardous. Eating or drinking, interacting with passengers, handling in-vehicle entertainment systems, reaching for items, or daydreaming can all affect a driver’s ability to respond to road conditions in time to prevent a crash.

New Jersey has adopted legislation that specifically addresses handheld device usage while driving. Under state law, it is unlawful to use a handheld phone for calls or text messages while operating a vehicle. Motorists found in violation may face fines and points on their license, and if an accident occurs, those violations may contribute to a finding of negligence.

What Injuries Can Result From Distracted Driving Collisions?

Distracted driving accidents can lead to a wide range of injuries, depending on the circumstances of the crash. 

High-speed collisions may result in broken bones, traumatic brain injuries, internal bleeding, and spinal cord trauma. Lower-speed impacts can still cause whiplash, soft-tissue injuries, and long-term pain. Even seemingly minor incidents may leave individuals with lingering medical needs.

How Can Fault Be Proven in a Distracted Driving Case?

To succeed in a legal claim involving distracted driving, we must show that the other driver acted negligently and that this negligence led to the accident. This involves proving that the driver was engaged in a distracting activity at the time of the collision.  

Sometimes the driver at fault may admit to distraction, particularly if cited at the scene for cellphone use or another offense. In other instances, the evidence must be pieced together through investigation. Our Newark distracted driving lawyers work carefully to identify potential sources of proof and build strong presentations of the facts to support client claims.

What Types of Evidence May Be Used in These Cases?

Multiple types of evidence may help demonstrate distracted behavior and its role in causing a collision:

• Cellphone records may reveal recent calls or messages at or near the time of impact. 
• Vehicle infotainment system logs might show activity involving music, navigation, or other functions. 
• Police officers may record observations about items found in the vehicle or statements made by the driver.
• Dash cams, traffic cameras, or nearby business surveillance footage may capture the moments leading up to the accident. 
• Witnesses can provide accounts of what they observed, including whether the driver appeared distracted. 

All of these elements can contribute to a broader picture of how the crash occurred and whether driver inattention played a role.

Are There Time Limits for Filing a Lawsuit?

New Jersey law sets a two-year time limit for filing a personal injury lawsuit in most motor vehicle accident cases; this period typically begins on the date of the incident. Failing to bring a claim within that timeframe may result in the loss of the right to pursue compensation through the court system.

While this may seem like a long time, we recommend contacting our Newark distracted driving lawyers as soon as possible. Over time, physical evidence may disappear, witness memories may fade, and documentation may become harder to obtain. The earlier you contact us, the better the chances are for preserving important evidence; you will also have more time in case of delays, which are common.  

What Kind of Compensation Can I Pursue for a Distracted Driving Accident?

Our Newark distracted driving lawyers pursue different categories of recoverable damages for clients. These may include medical expenses, both current and anticipated, lost income, reduced future earning potential, and pain and suffering. In cases involving significant emotional distress or long-term disabilities, higher awards may be considered.

When the at-fault driver was particularly reckless, ‘punitive’ damages may also be awarded. These are not intended to compensate the injured person but to penalize the wrongdoer and deter similar behavior in the future. Not all cases will qualify for this category of compensation, but it may be relevant in situations involving gross misconduct.

Does New Jersey Follow a Comparative Negligence System?

Yes, New Jersey follows a “modified comparative negligence” rule. This means that if the injured party is found partially responsible for the accident, any compensation awarded may be reduced in proportion to their share of the fault. However, if that share reaches 51% or more, the injured individual may be barred from recovering damages altogether.

This rule often becomes important in distracted driving cases where both drivers may have contributed to the crash. For example, if one driver was texting and the other was speeding, liability may be divided between them. Our Newark distracted driving lawyers help clients contest claims of shared responsibility when negotiating with insurance providers and when representing clients in court.

Why Should I Consider Legal Representation After a Crash?

Individuals injured in distracted driving accidents may face numerous challenges, including medical bills, insurance paperwork, time away from work, and uncertainty about how to proceed. Our Newark distracted driving lawyers handle communications with insurers, request relevant documentation, and analyze settlement offers. In addition, our team can level the playing field if the opposing party disputes fault or attempts to minimize damages.

During an initial consultation, we can evaluate the circumstances of your case, explain your legal options, and determine the appropriate next steps. Whether through settlement discussions or litigation, our support can help you pursue a favorable outcome.

Newark Distracted Driving Lawyers at Goldstein & Goldstein, LLP Offer Legal Guidance if You Have Been Injured by a Distracted Driver

The Newark distracted driving lawyers at Goldstein & Goldstein, LLP have proven experience handling motor vehicle accident claims involving driver distraction and can explain your legal options. For a free consultation, call our East Orange, New Jersey office at 973-675-8277 or contact us online. We proudly serve clients in the surrounding areas.