NJ Texting and Driving Accident Lawyers Helping the Injured in Trenton, Mercer County and Surrounding Areas
Texting while behind the steering wheel can lead to severe injuries for drivers, passengers, others on the road, and pedestrians. Never before have Americans been so attached to screens, now carrying one in their pockets and bags in the form of cell phones wherever they go. These screens can cultivate an almost addictive need to constantly view messages, respond to texts, and even check our email and social media accounts.
Being preoccupied by a cell phone does not just take our attention away from meaningful experiences around us; it can also take our attention away from the road while driving, endangering us, our passengers, and the drivers around us due to distracted driving. According to the National Highway Traffic Safety Association (NHTSA), more than 3,000 people were killed in motor vehicle accidents in 2019 that were caused by distracted driving.
If you have been injured in an accident caused by the negligence of a texting driver, you deserve to be made whole for your injuries, past and future medical bills, temporary and permanent disability, lost wages, and any other damages you suffered.
Navigating an accident claim through insurance can often lead to settlements that are much lower than the compensation you are entitled to. When you choose to work with a skilled and experienced personal injury lawyer at Kamensky, Cohen, and Riechelson, we will vet the strength of your case in an initial complimentary consultation and then aggressively pursue your claim to help you recover the maximum amount of compensation you deserve.
How Texting and Reading Texts Impacts Driving Abilities
The NHTSA reports that viewing a text message takes the eyes of a driver off of the road for a minimum of five seconds. It estimates that when driving at a speed of 55 mph, five seconds is enough time to pass the length of a football field. This distraction makes a driver unable to respond to dangers in front of them properly and may even cause them to veer into another lane, swerve into oncoming traffic, run a red light, or fail to stop for a stop sign.
Yet, the American Automobile Association (AAA) found that 1 in 4 teens report responding to a text message every time they drive. In response to the problem of distracted driving caused by texting and other cell phone use, AT&T launched a public safety campaign in 2010 called “It can wait”, to educate drivers on the dangers of texting while driving and remind them that no text is worth a life. The campaign features videos detailing the stories of people, many of whom were teenagers, who lost their lives in a motor vehicle accident as a result of a text message.
Twenty one states, including New Jersey, have banned the use of hand-held phones while driving. While legal penalties are applied to those who violate these rules, texting while driving continues to be a danger that results in fatal and injury-causing accidents each day.
Most Common Types of Accidents Related to Texting and Driving
When a driver removes their eyes and attention from the road for even a few seconds, a multitude of potential accidents are possible. The driver may fail to see an animal crossing the road, a vehicle braking in front of them, a person in a crosswalk, a jogger on the side of the road, or a stalled vehicle. They may also fail to stop for a red light or stop sign and hit another vehicle who is turning and not expecting any vehicles coming from that direction.
A texting driver may also lose sight of the road and swerve into a neighboring lane, hitting a vehicle on their left or right side. They may drift into a lane of oncoming traffic, resulting in a head-on collision with another vehicle. These scenarios can cause a vehicle to flip or even flip multiple times and may cause a victim to be ejected from a vehicle.
Injuries Typically Associated with Texting While Driving Accidents in NJ
Injuries associated with texting while driving accidents can range in severity from a sore neck to the death of the texting driver, the driver of another vehicle, a passenger, a pedestrian, or anyone else in the path of the texting driver’s vehicle.
If a texting driver causes a rear-end collision at a very low speed, the injuries involved could be minor and may involve a neck strain from whiplash or a minor contusion. More serious accidents involving high speeds, head-on-collisions, or flipped vehicles could result in traumatic brain injuries, spinal injuries, damage to internal organs, and even death.
Can the Sender of a Message Also be Responsible for Causing an Accident?
In New Jersey, it is possible for a non-driver, who is not in the vehicle but texts a driver knowing that they are likely to view the text while driving, to be liable for a resulting crash. They may also be liable if they should have known the driver would view the text while driving.
However, to prevail against a non-driver in this situation, under the theory that they caused the driver to be distracted, the plaintiff would have to prove that the non-driver knew or should have known the recipient would view it while driving. This might be difficult to prove if the thread of text messages itself does not indicate that the individual was driving or about to drive or if the individual who texted the driver sent messages to the driver on a frequent basis without knowledge of their activities at the time.
So, while it is possible to hold a non-driver responsible for texting a driver when the text results in an accident, it depends heavily on the facts of the case.
Connect With New Jersey Texting and Driving Accident Attorneys at Kamensky, Cohen, and Riechelson Today
The attorneys at Kamensky, Cohen, and Riechelson can assist you with your lawsuit against a driver who caused you harm while they were negligently texting and driving a motor vehicle. This type of unconscionable behavior need not go unpunished and you need not accept less compensation than you are truly entitled to.
Our time-tested injury lawyers have dedicated over 50 years to helping those injured with suing for accident injuries in Mount Holly, Robbinsville, Woodbridge, Princeton, Hamilton, Hopewell, and surrounding communities in Mercer County, Burlington County, Middlesex County, and New Jersey. Call an accident lawyer at our Trenton law office today for a free consultation at (609) 528-2596 or contact us online.