Gabriel Lependorf David Silverstein (609) 240-0040
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New Jersey Distracted Driving Accident Lawyers

Proudly serving all of New Jersey

Injured by a Distracted Driver?

Were you involved in a collision involving a distracted driver? Are you currently paying exorbitant medical bills for injuries incurred in the crash? The at-fault driver may say that s/he only took his/her eyes off the road for a quick second, that it was a small mistake. However, on the road, even the smallest of mistakes can have dire consequences. Why should you have to pay for someone else’s mistakes?

As the victim of a distracted driver accident, you may have a viable claim or lawsuit against the other driver, but you cannot get the compensation you deserve by being passive. Take action now and contact Lependorf & Silverstein, P.C. today. Our experienced New Jersey auto accident attorneys have what it takes to battle the insurance company and get you full and fair coverage for your damages. For a free, comprehensive consultation, call (609) 240-0040.

driver using cell phone

3,477 people were killed in crashes involving distracted drivers in 2015. - NHTSA

Recovering Damages after a Distracted Driving Accident in New Jersey

After a collision with a distracted driver, you may be left wondering, how am I going to prove that the driver was distracted? Our attorneys have handled many cases of this kind before and know the most effective methods of finding evidence and establishing liability. To prove that the other driver was distracted, we may:

  • Analyze the police and medical reports;
  • Confer with accident reconstruction experts and other relevant professionals;
  • Have witnesses corroborate your account;
  • Obtain surveillance video, if there was a traffic camera in close proximity of the crash site; and
  • Review the other driver’s cell phone records to determine whether talking or texting was a factor.

The Dangers of Distracted Driving

According to a recent research study, out of some three million auto accidents in New Jersey between 2004 and 2013, nearly half - 1.4 million - involved distracted drivers. More than 1,600 of these incidents resulted in fatalities. Clearly, it is quite dangerous to take your eyes and mind off the road while behind the wheel, even if it’s just for a brief glance. In spite of this fact, many motorists drive distracted nearly every day. This is not just a simple issue; it’s practically an epidemic.

Common Types of Distracted Driving Behavior

In today’s fast-paced, technological world, the tendency towards distracted driving is stronger than ever before. Professionals on the go often multitask in their cars, believing that they’re performing each task up to par. However, effective multitasking is a myth. When we focus on performing multiple tasks at the same time, we become less proficient in all of them. This goes for driving, too.

Some examples of common distracted driving behaviors include the following:

  • Fiddling with the car radio or a portable music device,
  • Programming a GPS device,
  • Reading a map or other paperwork,
  • Eating or drinking,
  • Personal grooming,
  • Talking with a passenger,
  • Tending to misbehaving children, and
  • Talking or texting on the phone.

What are New Jersey's Cell Phone Driving Laws?

New Jersey has the strictest cell phone driving laws in the country. Along with nine other states, it is illegal for drivers of all ages to use a handheld phone while operating a vehicle or even texting from behind the wheel. Drivers younger than 21 are prohibited from using a hands-free cell phone or electronic device while driving.

The penalties for using a handheld cell phone to talk or text in New Jersey include a maximum fine of $400 for a first offense, a maximum fine of $600 for a second offense, and a maximum fine of $800 for a third or more offenses. It is also possible for at-fault drivers to lose their driver's license for 90 days after a third or subsequent offense.

Can You Prove a Driver Was Using a Cell Phone Behind the Wheel?

It can be difficult to prove that a driver was using his or her cell phone while driving; however, with the guidance and resources of a skilled New Jersey car accident attorney, accident survivors may find sufficient evidence to hold the at-fault driver accountable. For example, the following types of evidence may prove that a driver was negligent and distracted at the time of the accident:

  • Cell phone records
  • Traffic surveillance footage
  • Eyewitness testimony
  • Police reports

Even though the dangers of distracted driving are well-known and several state laws have been passed prohibiting cell phone use behind the wheel, many New Jersey drivers still try to multitask while driving by making phone calls or sending text messages. According to the National Highway Traffic Safety Administration (NHTSA), the manual, visual, and cognitive distractions from using a cell phone increase the risk of being involved in a collision by three times.

Contact Our NJ Distracted Driver Accident Lawyers for Immediate Legal Assistance

If you have been injured or lost a loved one due to driver inattention, please do not hesitate to contact the NJ personal injury attorneys at Lependorf & Silverstein, P.C. Our experienced legal team will work with you to help you obtain the compensation you deserve to cover medical expenses, loss of wages, pain and suffering, and other economic and non-economic damages. For more information, contact our office today.

Additional Information

The firm’s principals, Gabriel R. Lependorf and David E. Silverstein, have each been representing injured victims in the State of New Jersey for over twenty five years.

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