The statistics speak clearly. Driving while distracted is dangerous — almost as dangerous as driving intoxicated. However, the direct effect driver distraction can have on your personal injury case is not always so clear. The fact that the other driver was distracted leading up to your accident is almost always a very strong factor in your favor. On the other hand, the fact that you were driving distracted may reduce or even preclude your ability to obtain compensation.
In the courtroom, a person is usually negligent — and therefore liable — if a jury examines the facts and finds the person was acting in an unreasonable manner and that those actions were the legal cause of the injury. However, if that person was violating a law and that violation was a legal cause of the accident, then a jury may find the person negligent per se without having to consider the other circumstances.
When distracted driving factors into a car accident, it can influence your personal injury case in the following ways:
Distracted driving plays a role in a high percentage of vehicle accidents in New Jersey and throughout the United States. Our attorneys know how to examine the evidence to determine and prove whether distracted driving played a role.