Most people use a smartphone, whether for communicating with others or using internet services for everyday tasks. However, a phone should not be prominently displayed behind the wheel, as a distracted driver can easily cause an accident.
Texting while driving car accidents in Cranford can start with a message and end in serious injuries or even death. If you were injured because another driver was texting, you could make a claim for compensation with the help of a knowledgeable car accident attorney at Voto & Cavalli, P.C.
Driving a car requires focus, as a driver must control the speed of their vehicle, react to changes in the position of other vehicles or obstacles, and make split-second decisions. If a driver receives a text and looks down, that focus can be broken and lead to an accident.
Actively texting while driving is even worse than looking at an incoming text because the combination of looking away from the road and removing a hand to type on a phone can fully distract a driver. This behavior could be considered negligent, as every driver has a legal duty to drive safely, and texting while driving could be a breach of that duty.
Texting can be easy to do in a car, as talk-to-text becomes more common and as digital displays let a driver look at a text closer to their line of sight to the road. At the same time, the momentary distraction might still be enough to prove negligence on the part of a driver using these technologies.
An attorney can assist in determining whether an injured person can make a claim against a driver who was texting. A lawyer in Cranford can evaluate a texting while driving car accident and help a plaintiff show the other driver is at fault.
The law recognizes that injuries can be physical or monetary. Some examples of recoverable damages include medical expenses, property damage, lost wages, and pain and suffering.
A plaintiff needs to prove the other driver’s negligence by establishing the duty of care and breach (texting while driving and becoming distracted), but a plaintiff also needs evidence to show that the other driver caused the accident. If there is another intervening cause, a plaintiff might not be able to make their claim.
A claim must be filed in a relatively short amount of time to stay within the state’s two-year statute of limitations. If a plaintiff tries to file their claim after that deadline, they may lose the ability to recover compensation entirely.
A personal injury attorney can be an asset to someone looking to be made whole after an accident in Cranford caused by texting while driving. An attorney can take the lead in proving the elements of negligence fast enough to file within the statute of limitations, and an attorney can guide a plaintiff through the legal process.
The immediate aftermath of a car accident may not leave much time for thinking about legal duties and the statute of limitations. Your attorney can represent you and your interests in making a claim while you recover.
Our attorneys at Voto & Cavalli, P.C., are ready to assist you and your family after texting while driving car accidents in Cranford. Contact our office for a consultation as soon as possible.
We will safeguard your privacy and reputation. View our privacy policy here.
Someone from our office will be in contact with you shortly after submitting this form.
If you need immediate assistance, please call 908.272.7300 for a free initial consultation