How Do I Prove Distracted Driving After a Car Accident in New Jersey?

texting and driving

While everyone knows that distracted driving is hazardous and can substantially increase the likelihood of being involved in an accident, many drivers still choose to engage in this dangerous driving behavior on a regular basis. Operating a vehicle requires a motorist’s full attention. One of the leading causes of car accidents in New Jersey is distracted driving. If you’ve been injured in a car accident due to another driver engaging in distracted driving, please don’t hesitate to contact a proficient Morris County Car Accident Attorney who can help you establish fault. 

What is Distracted Driving?

Essentially, distracted driving is the act of engaging in any activity that takes your attention away from driving your vehicle. Distracted driving is dangerous because it diverts attention away from the road. Distractions are generally categorized as follows:

  • Cognitive distractions: This is when the mind drifts away from the task of driving. Examples include listening to the radio, conversing with passengers, or daydreaming.
  • Visual distractions: This is when you take your eyes and focus off the road. Examples include looking at your cellphone, checking your GPS, changing the music, or observing billboards.
  • Manual distractions: This is when you take your hands off the steering wheel. Examples include eating, drinking, adjusting the radio or temperature, using your cell phone, or reaching for items in the vehicle.

How Can I Prove a Distracted Driving Injury Claim in New Jersey?

In some cases, you may get lucky, and the at-fault driver may admit they were distracted during the accident. However, in most claims, the negligent driver will not confess their reckless actions. Therefore, enlisting the help of an experienced attorney is in your best interest as they will help you investigate the collision and gather evidence to establish fault.

Eyewitness testimony is critical to any distracted driving allegation because impartial bystanders can testify to what they saw the accused engaging in some distraction at the time of the accident. If the accident occurred at a busy intersection, multiple eyewitnesses may be able to corroborate your claim. It’s essential to look for traffic, surveillance, or dashcams as they may have captured footage of the accident, which could reveal the other driver’s negligence. In addition, you should get hold of their cellphone records as they can often show if calls were made and text messages were sent at the time of the accident. It’s crucial to note that most of this evidence is difficult to obtain independently. However, a seasoned Morris County car accident attorney can help you obtain all the proof you need to corroborate the facts noted in the police report, such as subpoenaing phone records and surveillance footage. Ultimately, multiple forms of evidence offer strong proof of distracted driving.

To maximize your chances of fulfilling the burden of proof and recovering monetary compensation for your damages, please don’t hesitate to retain the legal services of a determined lawyer from Lutz Injury Law. Our legal team is prepared to help you get the justice you deserve.


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