Cell phones, GPS navigation systems, and other portable electronic devices have been shown to cause automobile accidents resulting from distracted driving and these cases have been steadily increasing. In many of these recent cases, the distracted driving which leads to an accident involves texting or making cell phone calls while operating a motor vehicle (i.e. without the use of a hands-free cellular device, such as a Bluetooth system).

If you or someone you love has sustained injuries in a motor vehicle accident that resulted from the carelessness or negligence of a distracted driver, an experienced Cumberland County texting while driving accident lawyer is ready and willing ready to help you obtain the monetary compensation you need and deserve under the law.

An experienced accident attorney may be able to assist you with proving your case, negotiating with the insurance company on your behalf, reaching a fair and equitable settlement of your case, and/or resolving your case via alternative dispute resolution methods, such as mediation or arbitration – or at trial.

Distracted Driving Under New Jersey Law

New Jersey law prohibits texting while driving. When a driver acts carelessly, recklessly, and/or negligently while operating a motor vehicle on the roadway, such as by texting while driving, and a motor vehicle accident results, then that driver may be deemed liable for the accident and all resulting injuries and damages.

Witness testimony is key in distracted driving cases because witnesses can report what they see and observe about the defendant driver immediately prior to and at the time of the subject collision.

Proving Negligence and Liability

In personal injury cases, the injured plaintiff always has the burden of proving negligence on the part of the other driver. In personal injury car accident collision cases, the injured plaintiff must prove all of the following elements of negligence in order to recover monetary compensation for injuries and damages sustained:

  • Duty – The injured plaintiff must show that the other driver owed everyone on the road a duty to drive as an ordinary, reasonable, and prudent driver would have driven under the same or similar circumstances.
  • Breach – The injured plaintiff must show that the offending driver breached the applicable duty of care by acting unreasonably or imprudently under the circumstances, such as by texting while driving.
  • Causation – The injured plaintiff must demonstrate that the defendant driver’s breach of the applicable duty of care – such as by texting while driving – was the factual and legal (or proximate) cause of all of the plaintiff’s injuries and damages.
  • Damages – The injured plaintiff must actually sustain personal injuries and damages as a result of the at-fault driver’s negligence. Injuries in motor vehicle accident cases can range from mild soft tissue injuries to severe traumatic brain injuries, and anything in between.

How a Cumberland County Texting While Driving Accident Attorney Can Help

Distracted driving, including texting while driving, can result in serious – and sometimes catastrophic – motor vehicle accidents, injuries, and damages.

A knowledgeable Cumberland County texting while driving accident lawyer may be able to negotiate with the insurance company on your behalf, and, if necessary, litigate your case through the New Jersey Court system, and try your case to a conclusion.

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