Seek Skilled And Experienced Legal Help After A Distracted Driving Crash

Distracted driving is one of the most common and preventable causes of car accidents in New Jersey. If you were hurt in a distracted driving accident caused by a negligent driver, our attorneys at Burke Law Firm, LLP, can help you seek justice and compensation. Each of our lawyers offers more than 25 years of legal experience, strong litigation skills and a commitment to client service.

The Dangers Of Distracted Driving Are Well-Documented

Distracted driving accidents commonly result in whiplash, fractures, concussions and soft tissue injuries. More severe accidents can lead to traumatic brain injuries, spinal cord damage or even death.

These days, no one can believably claim to be ignorant about the dangers of texting while driving and other distracted driving behaviors. The evidence is overwhelming. According to studies cited by the Insurance Institute for Highway Safety, individuals who are “manipulating a cellphone” (which includes texting) are between two and six times more likely to be involved in a crash.

There are three types of distraction that can increase the risk of a distracted driving accident. They include:

• Visual distractions: Anything that takes a driver’s eyes off the road
• Manual distractions: Actions that take a driver’s hands off the wheel
• Cognitive distractions: Activities that divert a driver’s attention from the task of driving

Texting, posting on social media and surfing the web involve all three types of distractions, which is why they are so dangerous. However, even though talking on a hands-free cell phone is legal in New Jersey, it is still dangerous because it is a cognitive distraction.

Proving Fault And Liability In Your New Jersey Distracted Driving Case

You may be sure you were hit by a distracted driver. But in many cases, the other driver will deny that they were distracted, making it their word against yours. How can you prove fault?

This is one of many reasons to work with a skilled distracted driving lawyer like those at our firm. Utilizing strong investigative skills, they work tirelessly to find corroborating evidence and build a strong case against the at-fault driver. That evidence may include:

• Eyewitness testimony from others at the accident scene
• Police accident reports
• Still images and video footage from nearby cameras
• Subpoenaed cellphone records showing that the other driver was using their phone in the seconds leading up to the crash
• Information from the other vehicle’s event data recorder (also known as the “black box”) that may show the driver did not attempt to slow down or swerve before impact, suggesting distraction

In New Jersey, each driver owes a duty of care to drive in a manner that minimizes the risk of accidents and injuries to others. A provable violation of the state’s distracted driving laws would be strong evidence of fault. Even if a law violation cannot be proven, however, it is still possible to demonstrate that the at-fault driver violated their duty of care.

Answers To Common Questions About Distracted Driving Accidents

Below, we’ve answered some of the most common questions our car accident attorneys hear from prospective clients:

What is the hands-free law in New Jersey?

In New Jersey, using a handheld cellphone while driving is prohibited. This means drivers must use a hands-free device to make calls while on the road. The law is designed to minimize distractions and improve safety for everyone. If caught using a handheld phone, violators face fines and penalties.

What is covered under New Jersey’s distracted driving ban?

New Jersey’s laws on distracted driving cover more than just texting while driving and other cell phone use. Any activity that diverts attention from driving, such as eating, adjusting the radio or using a GPS, can be considered distracted driving. Violations can result in fines and points on a person’s driving record, impacting insurance rates and licensure.

Can passengers file a claim in a distracted driving accident?

Yes, passengers injured in a distracted driving accident can file a claim against the at-fault driver’s insurance to seek compensation for their injuries.

Contact Us Today For A Free Consultation

Burke Law Firm, LLP, is based in Jersey City. Our firm also has satellite offices in Montclair and Bayonne, and we serve clients throughout Northern New Jersey. To take advantage of a free initial consultation – in person or online – give us a call at 201-479-2927 or fill out our internet contact form.