Man driving while texting on his phone

Distracted Driving: Can You Prove It in an Accident Claim?

By Greg Kohn

Distracted driving is an inherently dangerous activity. Throughout the State of New Jersey and the northeastern United States, drivers who eat while driving, or text while driving, or engage in any number of distracting behaviors may cause others to suffer serious bodily injury or death. If you suffered injuries due to a distracted driver, then you need to contact a New Jersey distracted driving attorney today. 

The Consequences of Distracted Driving 

Distracted driving is capable of causing drivers, passengers, and pedestrians to suffer serious bodily injuries. Unfortunately, some accident victims experience long-term disability or short-term disability. The following are some of the most common injuries accident victims suffer in accidents caused by distracted drivers: 

It is important for all those who are involved in an automobile accident to seek medical treatment as soon as possible. Insurance companies will want to know why you delayed seeking medical treatment after you suffered injuries during an automobile accident. Therefore, if you think you suffered only minor injuries, you should still go to the hospital to ensure you did not suffer a serious injury. 

Common Types of Automobile Accidents Caused By Distracted Drivers 

Distracted drivers breach their duty to act as a reasonably prudent person under similar circumstances. Injured victims must satisfy the four elements of negligence–duty, breach, causation, and damages–to obtain financial compensation for their injuries. The following are some of the most common types of automobile accidents caused by distracted drivers in New Jersey: 

Distracted drivers often fail to notice the rate of speed at which they are traveling. Sometimes a distracted driver will strike a pedestrian and not have any impression of what occurred because they were so distracted by their cell phone or other device. Individual drivers who text and drive do not realize that they are spending long intervals of time examining their cell phones. 

Establishing The Liability of the Distracted Driver 

You can seek financial compensation for special damages, general damages, and punitive damages. These different categories represent different types of harm suffered by accident victims. However, it is essential that you establish the liability of the driver before you move on to calculating the total damages amount you suffered. 

It is imperative that you establish that the driver had a duty to operate a vehicle in the manner a reasonably prudent person would under similar circumstances. Also, you must establish that the distracted driver breached this duty and thus caused your injuries. 

Documentary Evidence and Accident Claims 

It is necessary to procure and examine all the relevant evidence available to you before you develop a case strategy. Your attorney will determine if audio recordings, video recordings, or audio recordings are available to substantiate your claims that the driver who caused the accident was engaging in distracted driving. 

Numerous types of behavior may qualify as distracted driving. For example, listening to the radio at a high volume, or speaking with a group of people inside the car, may qualify as distracted driving depending on the circumstances of the case. To learn more, contact our office for a consultation today.

About the Author
Greg Kohn is a partner at Nagel Rice and specializes in complex civil litigation cases, including professional malpractice, personal injury, class actions, wrongful death, products liability, and commercial litigation.  He has extensive experience representing clients in both state and federal court. Greg has tried many jury trials to verdict and has recovered over $50 million in settlements and verdicts in all types of personal injury matters including automobile accidents, wrongful death cases, slip and falls, and other catastrophic injury cases. Greg also handles medical malpractice cases, involving misdiagnoses, wrongful birth, and delayed cancer diagnosis. If you have questions regarding this article, you can contact Greg here.