Distracted Driving Car Accidents in Cranford

Every driver owes a “duty of care” to the other motorists and pedestrians who share the road with them. This duty includes maintaining concentration on their driving, driving at safe speeds, and adjusting for poor road conditions and weather.

When a driver breaches that duty of care, they may be held financially responsible for those injured by their negligence. Anyone who suffered injuries in distracted driving accidents in Cranford should hire a knowledgeable auto collision attorney to fight for financial compensation.

What Is Distracted Driving?

There are many actions which everyone understands are an act of driving while distracted. Some prominent examples include:

• Watching Videos
• Reading maps
• Studying the GPS route
• Texting or using other functions of a cell phone
• Eating and drinking while driving

Other activities are not so clear, such as speaking to passengers or listening to the radio. Empirical evidence must prove that someone’s distracted driving caused the accident that caused the injuries. The best way to do that is to investigate the scene, interview witnesses, and collect and preserve the evidence. The best person to do that is an attorney in Cranford who is experienced in distracted driving car accidents. Our legal professionals know what to look for and how to incorporate it into your claim.

Potential Financial Compensation

Compensation for personal injuries is possible for economic damages such as medical expenses, lost wages, transportation to medical treatment or rehabilitation, and loss of property. Non-economic damages such as pain and suffering, or loss of enjoyment of life, are also available. Punitive damages awarded to punish the distracted driver exist, but are rare in New Jersey cases.

Comparative Negligence Rules

A concept known as comparative negligence may affect the size of the injured person’s financial award. New Jersey uses a modified comparative negligence rule. Under this theory, a person injured in a car accident may recover monetary damages if they are not more at fault than the other driver. Also, under this concept, an injured person’s financial award is reduced by the percentage of their negligence.

Therefore, a person who is 45% negligent would be awarded 55% of the financial compensation. An injured person who is more than 50% at fault may not recover damages from the other motorist. Proving the percentage of fault of each party is crucial to recovery.

Impact of Statutes of Limitations

The Statutes of Limitations restricts the time frame during which a plaintiff may file a lawsuit against another person. Such laws are in place to encourage speedy litigation and to protect defendants from indefinite filing periods. In personal injury cases, New Jersey law imposes a two-year statute of limitations following the date of the injury. This means that a court could dismiss a lawsuit filed after the two-year period expires and bar the plaintiff from recovery.

If the injured person is a minor, the Statute of Limitations period starts to run on the person’s 18th birthday. Also, if a court determines there was a good reason for the plaintiff’s delay, it has the discretion to allow a late filing.

Hire a Cranford Attorney Today After Being Injured by a Distracted Driver

Time is critical when it comes to investigating a car accident. The best way forward is to contact us today to schedule a free consultation with attorneys experienced in distracted driving car accidents in Cranford. Cases are filed on a contingency fee basis. That means our potential fees come out of the court’s award or the out-of-court settlement amount. You pay us nothing unless you win your case.

Your personal injury attorney knows how to investigate the scene, interview witnesses, and collect and preserve evidence. As your legal representative, we review the facts of the case, assess the potential value of a lawsuit, and guide you on the best path forward. Reach out to Voto & Cavalli now.