If you’ve been seriously injured by a negligent distracted driver, you can learn more about your rights and legal options by contacting a texting while driving accident lawyer Trenton, NJ residents rely on. Although distracted driving has been around since the invention of the automobile, the problem became much more pervasive with the invention of cellphones, and even worse when smartphones became the standard.
Texting while driving is just one of the many hazardous activities tied to smartphones. Others include surfing the web or social media, trying to input GPS information while driving and talking on the phone (even hands-free).
What the Law Says
New Jersey is among the vast majority of states to outlaw texting while driving. It has also taken the additional measure of banning using a handheld cellphone behind the wheel. In both instances, drivers can face fines if caught.
It’s good that these activities are banned by statute. But even if they were legal, drivers who cause an accident while distracted by their cellphones could be held liable in a personal injury lawsuit because they violated what is known as the “duty of care.”
When driving, each of us owes all other travelers a duty of care. This means we are obligated to drive in a manner that minimizes the risk of harm to others. Nearly all studies on the matter have shown that texting and other cellphone use while driving are dangerous and greatly increase the risk of a crash. There have been numerous public service announcements educating the public about the dangers. As such, if a driver knowingly engages in dangerous behaviors, he can be held liable if then causes an accident.
After a distracted driving crash, it is common for the at-fault driver to claim that they weren’t using their cellphone. In some cases, it can be difficult to prove. However, during the discovery process of litigation, we may be able to subpoena the cellphone records of the other driver to determine if the phone was being used (to talk, send texts or surf the web) immediately prior to the crash. Timestamps on the data coming in and out of the phone often prove to be highly valuable pieces of evidence.
A car accident lawyer Trenton, NJ residents trust can also investigate to determine if there were eyewitnesses to the accident or video/photo evidence that could prove the other driver was distracted by their phone at the time of the crash. Traffic cameras at intersections and security cameras are common sources of video footage.
Contact an Experienced Attorney Today
The dedicated team at Davis & Brusca is proud to represent victims who were injured in a crash caused by negligent and distracted drivers. We believe that you deserve full and fair compensation for your injuries, and we will fight to ensure that you receive it. For more information, contact our office to discuss your case with an experienced Trenton, NJ texting while driving accident lawyer today; we look forward to assisting you.