Freehold Distracted Driving Accident Lawyers

With the increase in mobile device usage and other in-vehicle distractions, drivers take attention away from the road for brief but dangerous moments, more than ever before. These distractions cause life-threatening injuries for motorists, pedestrians, and cyclists. At Ellis Law, our Freehold distracted driving accident lawyers investigate the circumstances behind these collisions and work to hold negligent drivers accountable. By reviewing the details of the incident and gathering available evidence, we identify liable parties and support injury claims through the appropriate legal process.

What Are the Different Types of Distracted Driving?

Distracted driving refers to any activity that diverts a motorist’s attention away from safely operating their vehicle. Distractions typically fall into three categories: 

• Visual distractions occur when a driver takes their eyes off the road. Examples include looking at a GPS device, using a mobile phone, or observing something happening outside the vehicle that is not related to driving.
• Manual distractions involve removing one or both hands from the steering wheel when eating, adjusting the radio, or handling objects inside the car. 
• Cognitive distractions occur when the driver’s mind is focused on something unrelated to driving. Daydreaming, engaging in deep conversations, or feeling emotionally distressed can lead to cognitive distractions. 

In many cases, a single activity involves multiple types of distraction. For instance, texting while driving involves visual, manual, and cognitive elements.

Are Hands-Free Devices Truly Safer Than Handheld Phones While Driving?

Many drivers believe that using a hands-free device eliminates the risks associated with distracted driving. While it reduces the need to hold a device, this does not fully eliminate cognitive distractions. A driver engaged in a conversation, even without holding the phone, may have reduced situational awareness and slower reaction times.

Several studies have indicated that the use of hands-free devices still affects a driver’s ability to respond to road hazards, traffic signals, and sudden changes in driving conditions. While hands-free usage complies with New Jersey’s legal requirements, it does not remove all risks associated with distraction. The perception that these systems are significantly safer can give drivers a false sense of security.

What Evidence Can Be Used to Show the Other Driver Was Distracted?

To establish liability in a distracted driving accident, our Freehold distracted driving accident lawyers present evidence showing that the other driver was not fully focused on the task of driving. This evidence can take many forms: 

• Cell phone records may reveal whether a driver was texting, calling, or using apps at the time of the collision. 
• Video footage from traffic cameras, dash cams, or surveillance systems near the crash site can capture actions indicating distraction.
• Witness statements from passengers, pedestrians, or nearby drivers may offer additional perspectives on the distracted behavior. 
• Police reports can include observations from officers who responded to the scene, especially if the driver admitted to using a device or appeared inattentive. 
• Forensic analysis of the vehicle’s electronic systems may provide clues about sudden braking or lack of evasive action prior to impact.

How Do New Jersey Laws Apply to Distracted Driving Penalties?

New Jersey law prohibits the use of handheld electronic devices while driving. Drivers caught doing this may face fines, points on their license, and increased insurance premiums. The law does allow hands-free usage, but only if the device can be operated without the use of hands or if one-touch activation is employed.

Penalties increase with repeated offenses. First-time violations result in a monetary fine, while second and third offenses lead to higher fines and potential license suspension. In situations where distracted driving causes an accident resulting in injury or death, more serious criminal or civil consequences may apply.  

What Rights Do Injured Pedestrians Have in Distracted Driving Incidents?

Pedestrians who suffer harm due to a distracted driver have legal rights under New Jersey personal injury law. They may pursue compensation for medical costs, lost wages, pain and suffering, and other damages resulting from the incident. To do so, it must be demonstrated that the driver’s distraction was a contributing factor to the collision.

Pedestrians are not required to carry no-fault auto insurance, which means they must typically pursue a claim directly against the driver or the driver’s insurer. Prompt medical attention, documented evidence, and a clear timeline of events can all strengthen a pedestrian’s position in these cases. Our Freehold distracted driving accident lawyers help pedestrians recover adequate compensation in cases of severe injury or permanent impairment.

Can a Passenger Be Held Partially Responsible for Distracting the Driver?

In certain cases, a passenger may bear some degree of responsibility if their actions contributed to the driver’s distraction and ultimately caused a crash. This might involve arguments, physical interference with the driver, or encouraging the driver to engage with a phone or other device while operating the vehicle. While it is rare for passengers to face legal liability, it is not outside the scope of possibility.

New Jersey follows a comparative negligence standard, so multiple parties may share responsibility for an accident. If a passenger’s distraction contributed to the incident, and that distraction can be substantiated with evidence, their role in the incident may be examined as part of a broader liability analysis. However, the driver still bears primary responsibility for maintaining focus on the road.

How Can Ellis Law Help My Case?

Our Freehold distracted driving accident lawyers evaluate distracted driving cases by thoroughly reviewing all available facts and determining applicable legal options. Our approach revolves around collecting evidence, consulting with witnesses, and reviewing official documentation to build strong foundations for claims. We also assess the extent of physical, emotional, and financial harm in order to present a full picture of damages.

Our legal team handles negotiations with insurance companies and pursues litigation when settlement discussions do not yield appropriate results. Our familiarity with New Jersey traffic laws and court procedures enables us to address the key legal elements necessary to hold distracted drivers accountable. By focusing on evidence and legal principles, the lawyers at Ellis Law guide individuals through the legal process with clarity and consistency.

Freehold Distracted Driving Accident Lawyers at Ellis Law Offer Legal Guidance When It Comes to Your Accident Case

Our Freehold distracted driving accident lawyers at Ellis Law are prepared to examine your case and identify whether legal action is appropriate. For a free consultation, complete our online form or call our Freehold, New Jersey office at 732-308-0200. We proudly serve clients in Asbury Park, East Brunswick, Toms River, Middletown, Jersey City, Long Branch, Neptune, Hudson County, Union County, Essex County, Monmouth County, Marlboro, and Ocean County, as well as Brooklyn and New York City.