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Can I Sue the Driver Who Hit Me if They Were Texting While Driving?

May 20, 2020

Hackensack texting and driving accident

Distracted driving has become incredibly commonplace. With technology at our fingertips, we have access to various navigational tools, streaming services, and the ability to communicate with anyone, anywhere. While this is a great tool to have, it’s also resulted in immense tragedy for those involved in distracted driving accidents. The National Highway Traffic Safety Administration (NHTSA) stated that distracted driving accidents claimed the lives of 2,841 people in 2018. If you were injured as a result of a distracted driver and want to know if you can file a claim, read below for some helpful information to help get you started. 

How Can I Prove the Driver Was Distracted?

When it comes to proving that the other driver was distracted at the time of your accident, there are several ways to go about this. Most commonly, you may be able to have the other driver’s cell phone records subpoenaed to see if there was any cellular activity at the time of the accident. This could include phone calls, games that were in the middle of being played, text messages, social media apps being open and more. 

Witness testimony is also another common form of proving that the other driver was distracted at the time of the accident. Witness testimony can come in the form of the other driver’s passengers, your own passengers or pedestrians who witnessed the crash unfold. Another common tool for proving that the other driver was distracted comes in the form of vehicle data. Since 2013, 96% of cars sold within the United States come with a black box. This black box stores data about an individual’s driving history, including their speed and other useful data that may be pertinent in the event of a motor vehicle accident. 

How Do I File a Claim for a Distracted Driving Accident?

While a distracted driving case may seem cut and dry, it’s not. There are various elements that must be proven when it comes to establishing negligence and filing a personal injury claim. First, it must be established that there was a duty of care the defendant owed to the plaintiff. Secondly, it must be established that there was not only a breach in this duty of care, but that the breach resulted in injuries. Lastly, there must be damages that resulted from this breach. 

If all of these elements have been met, then you have the basis for a personal injury claim. 

How Long do I Have to File a Personal Injury Claim in New Jersey?

In New Jersey, accident victims have two years from the date the injury was sustained to file a personal injury claim. While two years may seem like a long time, it can go by in the blink of an eye, especially when you’re recovering from your injury and trying to piece your life back together. Our attorneys at the Epstein Law Firm, P.A. will ensure that your claim is filed within the statute of limitations and deal with the insurance company so you can focus on what matters most: your health. 

Contact a Rochelle Park Personal Injury Lawyer to Discuss Your Car  Accident Case in New Jersey

Did you or a loved one sustain serious injuries due to a distracted driving accident in New Jersey? Don’t let the medical bills pile up while you wait for the negligent party or their insurance company to do the right thing. Right now, you need our aggressive Hackensack NJ Accident Attorney on your side, fighting to get you the compensation you need, want, and deserve. The skilled attorneys at the Epstein Law Firm, P.A. represents clients injured because of distracted driving accidents in Ridgewood, Mahwah, Montvale, Teaneck, Fort Lee and throughout New Jersey. Call 201-231-7847 or fill out our online contact form to schedule a consultation about your case. We have an office conveniently located at 340 West Passaic Street Rochelle Park, NJ 07662.

The articles on this blog are for informative purposes only and are no substitute for legal advice or an attorney-client relationship. If you are seeking legal advice, please contact our law firm directly.

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"The Epstein Law Firm recently obtained a multi-million dollar settlement in an extremely complex and difficult financial services case. He and his team not only mastered the complex issues in the case, but also expertly handled all aspects of the negotiations. I cannot thank Michael enough for his dedication and hard work, and I highly recommend him and The Epstein Law Firm for those who need smart, creative, and aggressive lawyers who put their clients’ interests first.”

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Super Lawyers
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ABOTA
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