Distracted Driving Accidents
The number of people texting is astounding, which, unfortunately, has led to more and more distracted driving accidents. The use of cell phones while driving is illegal in most states, which doesn’t deter some from doing it, leading to avoidable accidents. People text, check email, make or receive calls and use mobile apps while driving which leads to serious accidents and injuries.
Why Texting While Driving is Dangerous
The National Safety Council reports that 1.6 million crashes annually are caused by cell phone use. Nearly one in four motor vehicle accidents are caused by texting and driving. This trend is especially true for teen drivers who are four times more likely than adult drivers to get into accidents because of this behavior. Nearly 330,000 injuries are caused by these accidents leading to personal injury lawsuits across the nation. Someone who texts while driving is technically driving while impaired; they lose attention from the road which leads to delayed reactions.
Cell Phone Bans
To combat this problem, many states, including New Jersey, have issued bans on using phones while driving. They are primary enforcements meaning that a police officer can stop a driver for this without witnessing other traffic violations. Fines and points on one’s driving records can all occur as a result of using one’s phone while driving in many states.
Who is Liable?
A texting driver is liable for the damages they caused. All people have a duty of care to take reasonable action to avoid causing harm to others. This duty extends to anyone driving. Texting while driving is dangerous and breaches this duty of care. This breach is known as negligence. When negligence results in an accident, the driver is liable for the damages they caused.
Damages Recovered in These Lawsuits
Property damages and bodily injury damages are both recovered in these personal injury lawsuits.
Property damage includes:
- Car repairs
- Cost of a rental while one’s car is being repaired
- Property damage coverage for personal items lost in a crash
Personal injury damages include:
- Medical bills
- Lost wages or lost earning potential if unable to work any longer
- Pain and suffering
New Jersey is a no-fault insurance state. This means that each driver must use their insurance first, regardless of who caused the accident. Your medical bills will be covered by your Personal Injury Protection or PIP coverage. Injured passengers in a no-fault insurance state must file a bodily injury claim with the driver’s insurance. A future lawsuit can be pursued if the claim didn’t pay for all of the damages, but only for the difference in the damages that the insurance company didn’t pay.
Contact an Edison Personal Injury Lawyer to Discuss Your Texting While Driving Case in New Jersey
Did you or a loved one sustain serious injuries due to texting while driving in New Jersey? Don’t let the medical bills pile up while you wait for the negligent party or their insurance company to do the right thing. Right now, you need an aggressive personal injury attorney on your side, fighting to get you the compensation you need, want, and deserve. The skilled attorneys at Lombardi & Lombardi, P.A. represent clients injured because of personal injury in Woodbridge, Old Bridge, New Brunswick, and Perth Amboy and throughout New Jersey. Call 732-564-7165 or fill out our online contact form to schedule a free consultation about your case. We have an office conveniently located at 1852 Oak Tree Road, Edison, NJ 08820 as well as offices in Brick, Freehold and Point Pleasant Beach.
The articles on this blog are for informative purposes only and are no substitute for legal advice or an attorney-client relationship. If you are seeking legal advice, please contact our law firm directly.