Distracted Driving Car Accidents in Newark
If you were involved in a car wreck, you may have seen the other driver looking down just before their car crossed into your lane. At an intersection, seconds of inattention by another driver can leave you facing months of treatment. However, proving that distraction caused the crash requires more than your account alone.
At GGL Injury Lawyers, our car accident attorneys have experience with cases involving distracted driving car accidents in Newark. We can investigate what diverted the driver’s attention before your collision. Our team includes Certified Trial Lawyers recognized by the New Jersey Supreme Court. We prepare claims early with the evidence and medical support necessary to withstand insurer scrutiny.
Distracted Driving Laws for Car Accidents
Texting is not the only behavior that can cause a driver to take their focus off traffic. A notification can draw their eyes away from the road, and a phone conversation, even if hands-free, can delay recognizing a changing signal. Adjusting a touchscreen can similarly slow a response to a stopped car.
New Jersey Statute Annotated 39:4-97.3 prohibits using a handheld wireless telephone or electronic device while driving, subject to limited emergency exceptions. Hands-free use still demands a high degree of caution. N.J.S.A. 39:4-97 separately addresses careless driving that endangers people or property. A touchscreen interaction may therefore matter, as it can distract a Newark driver and lead to a car crash, even without a handheld phone violation. These laws set clear expectations, but a ticket alone does not prove that distraction caused the collision.
How Do You Prove Distraction Caused Your Crash?
The crucial question is often what happened in the seconds before impact. An attorney from our firm can use legal procedures to seek phone records to establish the timing of calls or messages. Those records may show activity near the crash but not where the driver was looking, and a blank phone record does not necessarily rule out driver distraction.
Other evidence can fill those gaps. Witnesses may have seen the driver holding a device or looking down, and surveillance or dashcam footage may reveal a delayed response to traffic. Event data from a car’s recorder, when available, may indicate speed or braking before impact, though it does not identify cell phone use.
Timing also matters in a Newark case involving inattentive driving, because recordings can disappear and electronic records can become inaccessible soon after the vehicle collision. At Garces, Grabler, & LeBrocq, we act quickly to preserve the evidence and use it to establish why the driver failed to react. This preparation gives insurers a concrete liability case rather than an unsupported allegation.
Compensation and Comparative Fault in Distracted Driving Claims
Even strong evidence of phone use does not end the liability dispute. An insurer may argue you were speeding or could have avoided the crash. Under N.J.S.A. 2A:15-5.1, you may recover compensation if your fault does not exceed the other driver’s, but your damages award will decrease depending on your assigned percentage. If you are more than 50 percent responsible, the court will bar you from recovering any damages.
Compensation after a distracted driving car wreck in Newark depends on the severity of your injuries and the losses you can document. Personal injury protection under N.J.S.A. 39:6A-4 generally pays covered medical expenses regardless of fault. A claim against the responsible driver may address eligible uncovered losses, lost earnings, and vehicle damage.
Pain and suffering may be recoverable, but N.J.S.A. 39:6A-8 can restrict these damages depending on your lawsuit option and injury. Medical records and treatment projections can help establish the long-term consequences you face after a serious collision.
Contact Our Newark Lawyers if an Inattentive Driver Caused Your Car Crash
At Garces, Grabler, & LeBrocq, we will prepare your claim with trial in mind, building leverage instead of accepting an early offer that overlooks future losses. Our 5,000-plus five-star reviews reflect the trust clients place in us.
Contact our team today for a free consultation to discuss distracted driving car accidents in Newark. We will review your case and explain your legal options.
