There are millions of car accidents in the United States annually, a tremendous number now resulting from the toxic combination of driving and texting. Too many of these accidents occur right here in New Jersey. Now that we are gradually seeing a slight decrease in the number of intoxicated or impaired drivers on the road, there is an uptick in the number of distracted drivers causing serious accidents. While some drivers have always been distracted by eating, talking, or reaching while at the wheel, texting while driving has recently reached epic proportions. It is important for all of us to be aware that individuals who text while driving increase their risk of having a car accident by nearly 25 percent. Even though texting while driving is illegal in the state of New Jersey, the practice continues to cause accidents, injuries, and fatalities at an alarming rate.
New Jersey Law Firm Fighting For Those Injured In Car Accidents Caused By Cell Phone Use
If you have been seriously injured during a road accident involving a texting driver, you have the right to receive substantial compensation. If you live in New Jersey you have accessibility to the most dynamic, highly skilled car accident attorneys in the state: Nagel Rice, LLP. If you believe your traffic accident was the fault of the other driver’s preoccupation with texting during driving, we will be happy to evaluate the potential success of your personal injury case at no cost to you. If we find just cause for a personal injury lawsuit, we will fight with all our might to win you the damages you deserve and will not charge you any attorneys’ fees unless we win your case. Our attorneys are equally prepared to work with you whether the texting driver was at the wheel of a car or truck, and whether you were a driver or pedestrian at the time of the incident. Remember, at Nagel Rice, we try cases and we produce results.
How Texting Distracts Drivers
Driving, especially with modern technological advances like cruise control and automatic daytime lighting, make many drivers complacent, causing them to believe that they can drive “with one hand tied behind them.” The reality, however, is that driving, even under the best weather and road conditions, requires the driver’s full attention. Even taking a sip of coffee or changing the radio station may involve taking your eyes off the road for a split second. Imagine how much more distracted a driver who is texting will be! Not just tapping the keyboard, but reading or composing a message takes enough time of inattention to cause a rear-end collision, a dangerous swerve, or even a rollover accident.
Injuries Suffered by Victims of Drivers Who Text While Driving
Vehicular accidents, even relatively minor ones, can result in serious injuries depending on a variety of factors, including the age and fitness of the injured party, the angle of impact, and the speed of the vehicles. Others factors, such as darkness, poor weather conditions, and faulty road surfaces can also affect the outcome. Common texting while driving accident injuries include:
- Neck and head injuries (e.g. whiplash)
- Lacerations and deep bruises
- Excessive bleeding
- Fractured bones
- Organ damage
- Loss of limbs
- Neuromuscular damageSpinal cord injuries
- Traumatic brain injuries
If you or a loved one has suffered a severe injury due to the negligent driving of another driver, you are entitled to substantial compensation. In nearly every case, texting while driving is considered negligence or recklessness by the court.
Damages Nagel Rice LLP Will Fight to Win for You and Your Family
Serious injuries, like those mentioned above, impact you and your family physically, emotionally, and financially. Let us help you by taking over your legal battle for justice so you can concentrate on recovering from your recent trauma.
Our sharp car accident attorneys know precisely which strategies to use to win compensatory damages for you. Compensatory damages provide you with economic reimbursement for present and future expenses, such as medical and rehab costs, property damage or loss, lost wages and future income, and long-term care if you become disabled by the accident. They are also designed to compensate you for non-economic losses, like physical pain, emotional suffering, impairment or disfigurement, loss of consortium or loss of enjoyment of life.
Another type of damages, known as punitive damages, may also be awarded if the texting driver showed a flagrant disregard for the law and the well-being of others. Punitive damages, established to punish as well as discourage egregious misconduct, may be awarded if the other driver was, for example, an intoxicated reoffender who was also driving while texting.
New Jersey’s Modified Comparative Negligence Rule
In New Jersey, as in many other states, the court considers that fact that frequently both parties bear some responsibility for a car accident. If you are found to be partially responsible for the collision, even though the other party was texting at the time, you may only obtain a percentage of the damages the court originally awards you. This means that if you are found to have been speeding or to have ignored a stop sign, thus contributing to the accident, the court will assign you a percentage of the blame. If you are found to be 20 percent responsible for you own injuries and you have been awarded $100,000, for example, you will receive only $80,000.
It should be carefully noted, however, that if you are found to bear more than 50 percent of the legal responsibility for the collision, you will not be entitled to receive any damages at all. This is one reason it is imperative to have an astute car accident attorney. At Nagel Rice our attorneys have the experience and tactical knowledge to convince the court that your actions were less causative of the accident than the other party’s since he or she was looking away from the road entirely while texting.
The Importance of Contacting Nagel Rice LLP
In New Jersey there is a two-year statute of limitations for filing a civil lawsuit after an auto accident. Because if you miss this deadline, you will be unable to file your claim, and because the wheels of justice turn slowly, it is always best to reach out to us as soon as you know that you have been seriously injured by a driver who was texting.
Equally important, getting in touch with us quickly will give our attorneys the advantage of being able to gather physical and photographic evidence while it’s still fresh, to interview witnesses while their memories are clear, and to examine medical data before changes are made or documents are altered or lost. You can reach us by phone or by filling out a contact sheet on our website.
Nagel Rice LLP helps their clients with their texting while driving car accident claims throughout New Jersey including Bergen County, Essex County, Middlesex County, Monmouth County, Morris County, Passaic County, and Sussex County.