Brick Distracted Driving Accident Lawyers
Brick Distracted Driving Accident Lawyers
Distracted driving is a major cause of accidents, even though most drivers understand the dangers. Distractions impair a driver’s ability to react to road conditions, increasing the likelihood of crashes and severe injuries. The Brick distracted driving accident lawyers at Kitrick, McWeeney & Wells, LLC work to hold negligent drivers accountable and support clients throughout the legal process, aiming for fair outcomes and justice.
What Is Distracted Driving?
Distracted driving involves any activity that takes a driver’s attention away from the road, such as texting, talking on the phone, eating, adjusting entertainment systems, or interacting with passengers. These distractions slow reaction times, increasing the likelihood of accidents.
There are three main types of distractions:
- Visual: Taking eyes off the road.
- Manual: Taking hands off the wheel.
- Cognitive: Taking the mind off driving.
While texting and phone use are common, even simple actions like adjusting the radio can lead to accidents. As in-car technology evolves, new distractions continue to challenge road safety.
What Are the Common Causes of Distracted Driving Accidents?
A wide variety of behaviors can cause distracted driving accidents. Some of the most common causes include:
- Texting or Talking on the Phone: Diverts attention from the road, delaying responses to traffic signals or hazards.
- Eating or Drinking: Requires removing hands from the wheel, reducing reaction time.
- In-Car Technology: Using infotainment systems can divert focus from driving.
- Adjusting the Radio or GPS: Taking eyes off the road to make adjustments can lead to crashes.
- Engaging with Passengers: Overly involved conversations may cause missed traffic signs or hazards.
- Searching for Items in the Vehicle: Looking for objects like phones or food reduces awareness of road conditions.
How Can a Lawyer Help After a Distracted Driving Accident?
Our Brick distracted driving accident lawyers provide valuable assistance after a distracted driving accident by managing the legal process and fighting to pursue fair compensation for client injuries and property damage. Our team members work to establish that the at-fault driver was negligent in their actions, leading to the accident. This often involves gathering evidence, like phone records, eyewitness statements, and accident reports, to demonstrate that the other driver was distracted at the time of the crash.
Additionally, we can help you understand your legal rights and options. This includes guiding you through filing an insurance claim or pursuing a lawsuit if necessary. We negotiate with insurance companies on behalf of clients for fair settlements for medical expenses, lost wages, pain and suffering, and other damages.
What Compensation Can Be Recovered in a Distracted Driving Accident?
In a distracted driving accident, the injured party may be entitled to compensation for several types of damages. Some of the most common types of compensation include:
- Medical Expenses: This includes immediate and ongoing medical care required due to the accident. It may cover hospital bills, surgeries, medications, physical therapy, and other treatments necessary for recovery.
- Lost Wages: If the injured party cannot work due to the injuries sustained in the accident, they may be entitled to compensation for lost income. If the injury leads to long-term disability and the inability to return to work, the claim may also consider future wages.
- Pain and Suffering: Compensation for pain and suffering can be sought to address the physical pain and emotional distress caused by the accident. This includes both the immediate effects of the injury and the ongoing impact on the individual’s quality of life.
- Loss of Consortium: In some cases, the spouse or family members of the injured party may be entitled to compensation for the loss of companionship or emotional support caused by the injury.
- Punitive Damages: Punitive damages may be awarded in cases where distracted driving was particularly reckless or egregious. These are intended to punish the at-fault driver and deter similar behavior in the future.
What Is the Legal Process for a Distracted Driving Accident Claim?
The legal process for a distracted driving accident claim typically begins with an investigation into the cause of the crash. This may involve gathering evidence like accident reports, photographs of the scene, witness statements, and phone records to confirm that the other driver was distracted. Once the evidence is gathered, the lawyer will negotiate with the at-fault party’s insurance company or legal representatives to seek a fair settlement.
If a fair settlement cannot be reached, the case may proceed to trial. During the trial, both parties present their evidence and arguments, and a judge or jury determines the outcome. Throughout the process, a lawyer advocates for the injured party’s rights and works to obtain the maximum compensation possible.
What New Jersey Laws Apply to Car Accident Claims?
Several key laws govern New Jersey car accident claims:
- The state follows a no-fault insurance system, requiring drivers to file claims with their insurance provider regardless of fault. This system is designed to cover medical expenses and lost wages through Personal Injury Protection (PIP) coverage.
- New Jersey also has a comparative negligence rule, which allows injured parties to recover damages even if they are partially at fault, as long as their share of the fault is 50% or less. The compensation is reduced by the percentage of fault attributed to the claimant.
- The statute of limitations for car accident claims is generally two years from the date of the accident. However, property damage claims have a six-year limit.
- Drivers must carry minimum liability insurance to cover bodily injury and property damage for claims exceeding PIP coverage or involving serious injuries.
The Experienced Brick Distracted Driving Accident Lawyers at Kitrick, McWeeney & Wells, LLC Have a Proven Track Record of Success
If you were injured in a distracted driving accident, the Brick distracted driving accident lawyers at Kitrick, McWeeney & Wells, LLC have the experience to build your case. Call 732-655-3168 or complete our online form for a free consultation. We have offices in Manasquan and Brick, New Jersey, and we proudly assist clients in Middlesex County, Atlantic County, Mercer County, Monmouth County, and Ocean County.
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