If you have been injured in a crash caused by a distracted driver in New Jersey, the road to recovery can feel overwhelming. You may be facing medical bills, missed work, pain, and uncertainty about what to do next. In times like these, you need an experienced texting & driving accident law firm with proven results, local recognition, and deep experience in personal injury litigation.
At Petro Cohen, P.C., we’ve spent decades fighting for clients injured due to someone else’s negligence. With over 100 years of combined experience, we are the trusted choice for injury victims throughout New Jersey. If a distracted driver hurt you or someone you love, we’re here to protect your rights and help you move forward. Contact us to speak with a seasoned distracted driving accident lawyer.
What Is Distracted Driving?
Distracted driving is any activity that takes a driver’s attention away from the road. These distractions are typically broken down into three categories:
- Manual distractions that take your hands off the wheel;
- Visual distractions that take your eyes off the road; and
- Cognitive distractions that take your mind off driving.
When a driver’s attention shifts from the road, their ability to react to changing conditions decreases dramatically. Distracted driving puts others at risk and can create legal grounds for a personal injury claim when it results in a crash.
What Are Common Causes of Distracted Driving Accidents?
Distracted driving accidents are typically caused by one or more of the following negligent actions:
- Using a phone,
- Adjusting music or navigation systems,
- Eating or drinking while driving,
- Reaching for dropped items,
- Turning around to assist children or pets, and
- Daydreaming or becoming mentally disengaged.
These behaviors often reduce a driver’s ability to react quickly and make safe decisions on the road.
How Can I Prove a Distracted Driving Claim?
To recover compensation in a personal injury case, your claim must establish that the distracted driver was legally responsible for your injuries. You must prove four legal elements. Each is essential, and your attorney will work to demonstrate them using strong, well-documented evidence.
Duty of Care
All drivers in New Jersey have a duty to operate their vehicles in a reasonably safe manner. When someone gets behind the wheel, they automatically owe this duty of care to other motorists, passengers, pedestrians, and cyclists.
Breach of Duty
A breach of duty occurs when the at-fault driver fails to meet the standard of care. For example, a breach may include texting or daydreaming instead of paying attention to the road. Your attorney can gather evidence (such as cellphone records or video footage) to prove that the driver’s behavior deviated from what a reasonable driver would have done under similar circumstances.
Causation
Next, your claim must show that the driver’s distraction directly caused the accident that resulted in your injuries. This step often involves accident reconstruction, expert analysis, and a detailed timeline of events. It’s not enough that the driver was distracted. The distraction must have led to the crash.
Damages
Finally, you must prove that you suffered actual damage from the accident. These can include physical injuries, medical bills, lost wages, pain, and suffering, and more. Your distracted driving accident lawyer will work to compile comprehensive records and documentation that illustrate the full impact of your losses.
How Can a Distracted Driving Accident Attorney Help Me?
A distracted driving accident can leave you confused, injured, and unsure of your next steps. Insurance companies may try to minimize your claim, delay your payment, or even deny liability altogether. That is where having a skilled attorney becomes essential.
Here’s how an accident law firm can support your recovery and fight for the compensation you deserve:
- Investigate the cause of the crash,
- Secure and preserve evidence,
- Calculate your total damages,
- Negotiate with the insurance company, and
- File a lawsuit and represent you in court.
Our legal team works quickly to help prove negligence and build a compelling case on your behalf.
How Long Do I Have to Bring a Distracted Driving Claim in New Jersey?
In New Jersey, the statute of limitations for filing a personal injury claim, such as one stemming from a distracted driving accident, is generally two years from the crash date. If you do not file your claim within this two-year window, you may lose your right to pursue legal action entirely. That is why speaking with a distracted driving accident attorney is essential.
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