How To Prove A Driver In An Accident Was Distracted
Distracted driving is illegal in most states. Proving that a driver was, in fact, distracted, is another point. If you’re in a car accident in New Jersey, and you believe that the driver who hit you was distracted, establishing proof may be an important factor.
What Is Distracted Driving?
While texting and driving often gets the most attention for being the main cause of distracted driving, it is not the only one. There are other types of distractions, including:
- Interacting with passengers in the backseat
- Eating while driving
- Applying makeup while driving
- Looking at pedestrians on the road
Most states, including New Jersey, have laws in place that make it illegal to text and drive. In some cases, there are also laws against using a smartphone.
Why You May Need to Prove Distractions Following a Car Accident
New Jersey is a no-fault insurance state. This means that if you are in a car accident, who is at fault may not matter. However, there are a few situations in which it may matter.
For example, if you are in a severe car accident in which your damages exceed that of what your insurance policy will pay, you may turn to the driver to cover the rest. The responsible driver, in this case, may be liable for your damages.
Insurance policies will usually only cover your damages and that is if you have a full coverage insurance policy. With a no-fault insurance policy, your company will only cover the damages you cause to another driver. If you are left with painful injuries and lost wages, you may need assistance paying for your costs.
In order to collect compensation through a third-party personal injury case, we need to determine negligence. Distracted driving is sometimes a type of negligence.
How to Prove Distractions
When claiming a personal injury case, we will need to prove four important elements:
- Duty of care: We must prove that the responsible driver held a legal duty of care for your wellbeing.
- Breach of duty: We must prove that the responsible driver breached that duty of care, which may include distractions.
- Causation: We must prove that the driver’s negligent behaviors were the cause of the accident.
- Actual damages: We must also prove that there are actual damages that can be compensated through a personal injury case.
Proving negligence or distractions is only one part of the case. This may include collecting phone records or the driver’s mobile phone documents. With the help of a lawyer, you can begin the process of proving fault and collecting the compensation you need.
Discuss Your Case With a New Jersey Personal Injury Lawyer Today
You need a lawyer who is familiar with New Jersey’s latest driver laws who can help you build your case. If someone else was engaging in distractions while driving and this caused you to be in an accident, it is only fair that they are also a part of your recovery. You may be entitled to recover costs like medical bills or lost wages, as well as diminished earning capability.
Contact an Atlantic City Personal Injury Lawyer to Discuss Your Car Accident Case in New Jersey
Did you or a loved one sustain serious injuries due to a car accident 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 Brown Law represent clients injured because of a car accident in Egg Harbor, Atlantic City, Galloway Township, Hamilton, and throughout New Jersey. Call (609) 344-8270 or fill out our online contact form to schedule a free consultation about your case. We have an office conveniently located at 3123 Atlantic Avenue, Suite 201, Atlantic City, NJ 08041.
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.