How to Prove You Were Injured by a Distracted Driver

Distracted driving is one of the most common causes of car accidents in New Jersey. Although proving you were injured by a distracted driver may seem straightforward, it can be challenging. At Sarno da Costa D’Aniello Maceri Webb LLC our personal injury lawyers, led by Paul M. da Costa, help crash victims in New Jersey understand their rights and pursue the compensation they need and deserve. Here, we discuss how you recognize a distracted driver, what it takes to prove they were at fault for a crash, and how our experienced distracted driving accident lawyers can help.

What is Distracted Driving?

The National Highway Traffic Safety Administration (NHTSA) defines distracted driving as “any activity that diverts attention from driving,” which can occur through manual, visual, and cognitive distraction.

Common types of distracted driving that divert motorists’ attention include texting, talking on the phone, adjusting controls, eating, or drinking, applying makeup, daydreaming, and interacting with passengers.

How Do You Recognize a Distracted Driver?

Staying aware of your surroundings when you’re on the road can help you spot a distracted driver before a car or truck accident happens.

Common signs of a distracted driver include:

• Looking down repeatedly instead of keeping their eyes on the road
• Holding a smartphone or another device
• Eating or drinking
• Reaching for something in the backseat or on the floor
• Swerving or drifting into other lanes without signaling
• Sudden braking
• Delayed reaction to a light turning green at an intersection
• Traveling at an inconsistent speed, such as accelerating, slowing down, then speeding up again
• Running stop signs or red lights due to inattention
• Looking in the rearview mirror while applying makeup or shaving

Our accident lawyers have seen countless scenarios in which driver inattention causes serious crashes and injuries. We’re dedicated to helping injured victims heal and secure compensation that protects their health and financial stability.

What to Do After a Distracted Driving Accident

After an accident, it’s vital to call 911. Inform police at the scene that you believe the crash was caused by a distracted driver. It’s also a good idea to take photos of the scene and gather contact information and statements from other drivers, passengers, or witnesses who may have noticed signs of distracted driving.

Make sure to seek medical attention and contact a personal injury attorney as soon as possible. This ensures you get the care you need and provides valuable evidence your distracted driving accident lawyer will need to prove your claim.

How Our Distracted Driving Accident Attorneys Prove Fault

For a distracted driving injury claim to be successful, you need evidence to show that the other driver was negligent. Our experienced distracted driving lawyers know how to dig deep to uncover the truth. Types of evidence that help us prove distracted driving cases include:

Cell Phone Records

If a motorist was texting, talking on the phone, or scrolling online when a crash occurred, wireless carrier records and digital analysis of their phone data can reveal the exact time and type of use. Our distracted driving attorneys work closely with experienced forensic investigators and can subpoena cell phone records to obtain this information.

Camera Footage

Traffic cameras and nearby surveillance footage can provide visual evidence of distracted driving behaviors. In some cases, a camera from inside the distracted driver’s own car may tell a compelling story as well.

Vehicle Data

Many modern cars are equipped with an event data recorder (EDR), which records critical data such as speed, braking patterns, and steering information. An accident reconstruction expert can analyze this data in the moments before, during, and after a crash. For example, if a motorist didn’t brake before impact, it could suggest they weren’t paying attention.

Police Reports

Police officers often note signs of driver distraction in accident reports. Admissions from the motorist who caused a crash or details such as no skid marks at the scene can back up claims of distracted driving.

Witness Testimony

Other motorists, passengers, or pedestrians may have seen the at-fault driver holding a phone, looking down, arguing with a passenger, or engaging in another distraction. Their testimony can provide powerful evidence that helps prove your case.

Our distracted driving accident lawyers have the experience, resources, and knowledge required to build a strong case that shows a distracted driver caused your injuries. We have longstanding relationships with respected digital forensic analysts, accident reconstructions, medical professionals, and other experts who can determine how an accident occurred and how your injuries have impacted your health and quality of life.

Damages in Distracted Driving Accident Claims

If you were injured in a crash, our distracted driving lawyers can help you pursue damages such as:

• Past and future medical expenses
• Loss of earning capacity
• Pain and suffering
• Emotional distress
• Loss of enjoyment of life
• Loss of companionship and consortium

In rare cases where a distracted driver’s behavior is particularly egregious, punitive damages may be awarded. If you’ve lost someone you love in a crash, our distracted driving lawyers can advise you on whether a wrongful death claim may be an option to help your family find justice.

Why You Need an Experienced Distracted Driving Accident Attorney

Understanding the complexities of proving distraction in a car accident case can be challenging. Paul and his team have an established record of success in recovering substantial settlements and verdicts for car accident victims in New Jersey.

Insurance companies are not on your side and will do whatever they can to minimize payouts and deny claims. Our distracted driving accident attorneys know how to uncover critical evidence that the insurance companies hope you’ll never find. We put the pieces of the puzzle together to build compelling arguments that lead to successful outcomes for our clients.

We’re familiar with insurance company tactics and fight tirelessly to protect your rights and interests. Paul is a certified civil trial attorney and won’t hesitate to take your case to court if a reasonable settlement can’t be reached. Our team has built a strong reputation in the New Jersey legal community and is familiar with local judges, court staff, and other attorneys.

Our distracted driving lawyers work on a contingency fee basis. This means you don’t pay us anything upfront or by the hour. Instead, attorneys’ fees and other legal costs are deducted from any settlement or court award you receive. We handle all aspects of your case and negotiate aggressively on your behalf so you can focus on your recovery. You deserve a personal injury lawyer who won’t back down until justice is served.

Contact an Experienced Distracted Driving Accident Lawyer Near You in New Jersey

If you’ve been injured in a distracted driving accident, get in touch with Sarno da Costa D’Aniello Maceri Webb LLC today. Our compassionate personal injury lawyers listen to your story, explain your options, and fight for the justice you deserve. To schedule a free, no-obligation consultation with Paul M. da Costa, contact us or call 973-274-5200. Our distracted driving accident attorneys near you in New Jersey offer several convenient locations near you in Roseland, Bridgewater, Hackensack, Morristown, and Eatontown, NJ.