Distracted Driving Awareness Month: Know Your Legal Rights After a Crash in New Jersey

April marks National Distracted Driving Awareness Month, a nationwide initiative to highlight the dangers of distracted driving and promote safer road habits. In New Jersey, distracted driving remains one of the leading causes of traffic accidents, often resulting in severe injuries and fatalities.

At DiTomaso Law, we recognize the devastating impact these accidents can have on victims and their families. If you’ve been involved in an accident caused by a distracted driver, it’s crucial to understand your rights and the steps you can take to pursue compensation.

This blog explores the impact of distracted driving, your rights as an accident victim in New Jersey, and how a personal injury attorney from DiTomaso Law can help you navigate the claims process with skill, experience, and dedication.

What Counts as Distracted Driving in New Jersey?

Distracted driving occurs when a driver’s attention is diverted away from the road by activities such as texting, eating, or adjusting in-car devices. These distractions compromise reaction times and decision-making, significantly increasing the risk of an accident.

3 Main Types of Distracted Driving That Lead to Accidents

• Visual Distractions: Taking your eyes off the road, such as looking at a GPS or texting.
• Manual Distractions: Taking your hands off the wheel, such as eating or reaching for an object.
• Cognitive Distractions: Taking your mind off driving, such as daydreaming or engaging in a heated conversation.

How Common Are Distracted Driving Accidents in New Jersey?

Distracted driving is a pervasive issue in New Jersey, contributing to thousands of car accidents each year. According to the New Jersey Division of Highway Traffic Safety:

• Distracted driving has been a major factor in more than 200,000 crashes annually across the state.
• It accounts for nearly half of all reported accidents, underscoring its role as a significant road safety concern.

Common Crash Scenarios Caused by Distracted Drivers

Distracted driving can lead to a range of accident scenarios. Understanding how these incidents occur can help victims build a strong case for compensation.

• Rear-End Collisions: Often caused by a driver who’s texting or looking at their phone instead of braking in time.
• Intersection Crashes: Distractions can cause drivers to ignore signals or signs, leading to serious side-impact accidents.
• Lane Departure Accidents: Drivers distracted by their phones may drift into oncoming traffic or adjacent lanes.
• Pedestrian and Cyclist Accidents: Inattentive drivers often fail to yield to pedestrians or cyclists.

What to Do Immediately After a Distracted Driving Crash in NJ

If you’ve been injured in a distracted driving accident in New Jersey, it’s crucial to understand your legal rights and the steps you can take to pursue full compensation.

Seek Medical Attention

• Prioritize your health by getting checked for injuries, even if they seem minor.
• Keep detailed records of all medical treatment, as these documents are critical for your claim.

Document the Scene

• Take photos of the vehicles, road conditions, and any visible injuries.
• Gather contact information from witnesses and other parties involved.
• Note any evidence of distracted driving, such as a phone in the other driver’s hand.

File a Police Report

• Report the accident to law enforcement and ensure an official police report is filed.
• Mention any observations suggesting the other driver was distracted.

Notify Your Insurance Company

• Inform your insurer about the accident but avoid admitting fault or speculating about the cause.
• Stick to the facts and let your attorney handle further communications.

Consult a Personal Injury Attorney

• A skilled attorney can help you gather evidence, negotiate with insurers, and pursue compensation for your damages. 
• For those in New Jersey, DiTomaso Law is experienced in handling personal injury cases, including distracted driving accidents. They can provide guidance tailored to your situation and work to protect your rights.

How to Prove Distracted Driving Caused Your Crash

To hold the distracted driver accountable, you’ll need to establish that their negligence caused the accident. Evidence is key to building a strong case.

Types of Evidence

• Eyewitness Testimony: Witnesses who observed the driver texting, eating, or engaging in other distractions.
• Police Reports: Reports noting signs of distracted driving, such as the driver admitting to using a phone.
• Cell Phone Records: Subpoenaing phone records can confirm whether the driver was using their device at the time of the crash.
• Surveillance Footage: Video evidence from traffic cameras or nearby businesses may show the driver’s actions.

What Compensation Can You Recover After a Distracted Driving Crash?

If you’ve been injured in a distracted driving accident, you may be entitled to various forms of compensation:

• Medical Expenses: Coverage for emergency care, surgeries, physical therapy, and future medical needs.
• Lost Wages: Reimbursement for income lost due to missed work and reduced earning capacity.
• Pain and Suffering: Compensation for physical pain, emotional distress, and diminished quality of life.
• Property Damage: Reimbursement for repairs or replacement of your vehicle.

Legal Challenges in Proving Distracted Driving in New Jersey

While proving distracted driving can strengthen your case, there are challenges to consider:

• Proving Negligence: Gathering sufficient evidence to demonstrate the driver’s distraction.
• Insurance Company Tactics: Insurers may downplay the driver’s negligence or dispute the extent of your damages.
• Comparative Negligence: New Jersey’s modified comparative negligence laws may reduce your compensation if you’re found partially at fault.

Why You Should Hire a Lawyer After a Distracted Driving Accident

Navigating a distracted driving claim on your own can be overwhelming. An experienced personal injury attorney can:

• Investigate the Accident: Gather evidence, interview witnesses, and reconstruct the scene.
• Negotiate with Insurers: Counter lowball offers and ensure you receive fair compensation.
• Represent You in Court: Advocate for you if your case goes to trial.
• Provide Peace of Mind: Handle the legal complexities so you can focus on recovery.

Example: Holding a Distracted Driver Accountable in NJ

Imagine this scenario: A New Jersey driver is rear-ended at a red light by someone texting behind the wheel. The victim suffers neck injuries and vehicle damage. With legal support, they gather phone records and eyewitness statements to prove the driver’s distraction. Their attorney negotiates a settlement covering medical bills, lost income, and pain and suffering – demonstrating the power of taking action.

Final Thoughts: Stay Informed and Protect Your Rights in NJ

National Distracted Driving Awareness Month serves as a reminder of the dangers posed by inattentive drivers. If you’ve been affected by a distracted driving accident, understanding your rights and seeking legal guidance can make all the difference.

Injured in a Distracted Driving Crash? Let DiTomaso Law Fight for the Compensation You Deserve

If you or someone you love has been injured in a distracted driving accident in New Jersey, don’t face the aftermath alone. At DiTomaso Law, our team brings decades of combined experience fighting for accident victims across Cherry Hill, Moorestown, Collingswood, Princeton, and throughout New Jersey.

We are committed to holding negligent drivers accountable and pursuing the maximum compensation you deserve. Whether you’re dealing with mounting medical bills, time missed from work, or ongoing pain and suffering, we’re here to guide you every step of the way.

Learn more about how our New Jersey distracted driving accident lawyers can protect your rights and build a strong claim on your behalf.

Call 856-414-0010 today or fill out our online contact form for a free, no-obligation consultation — and take the first step toward justice and financial recovery.

Disclaimer: This blog is intended for informational purposes only and does not establish an attorney-client relationship. It should not be considered as legal advice. For personalized legal assistance, please consult our team directly.