When an accident happens because a driver is distracted, injured plaintiffs may focus their legal efforts on proving how the at-fault driver was distracted. Were they using a cell phone? Were they distracted by a passenger? Our legal team can help you gather the proof you need.
If the at-fault driver was using their cell phone, we can subpoena phone records from their cell phone service provider. We might instead rely on witnesses who saw the driver on their phone through the car window. The police may investigate the crash, and we can review police reports for additional evidence. On top of that, evidence of distracted driving may be used to support claims for punitive damages, depending on the situation.
Ask our New Jersey personal injury attorneys for a free, private legal assessment when you call Agrapidis & Maroules, P.C. at (551) 525-6465.
How Distracted Driving Allegations Affect Personal Injury Claims in NJ
How we strategize and gather evidence in a personal injury case will vary based on the nature of the accident. If the defendant was a distracted driver, this factor will greatly affect how we approach the case.
Determining Fault
If someone is distracted, they are more likely to be at fault for the crash. Distracted driving is a breach of the driver’s legal duty of care. If we believe the other driver in the accident was distracted, our Jersey City, NJ personal injury attorneys can argue that they should be held responsible. We now have a clearer legal strategy to build your case around.
How Do We Gather Evidence?
When cell phones are involved, which is common, we may need access to phone records. We might also gather dashcam videos from inside the other driver’s vehicle during the discovery phase. Also, we can interview others involved in the accident. Someone might have seen firsthand the defendant using a phone or otherwise being distracted.
Criminal Charges
Will the distracted driver face criminal charges? Using a cell phone or another electronic device is illegal under New Jersey’s hands-free driving laws. Although other forms of general multitasking (e.g., eating, talking to passengers, grooming) are not inherently illegal, they can lead to citations for things like careless or reckless driving.
If criminal charges are possible, the police will get involved and investigate. This is a good thing, as their investigation may yield evidence we might be unable to obtain on our own.
How Do You Prove Distracted Driving in a Personal Injury Case?
Again, evidence of distracted driving depends on the nature of the distraction.
Phone Records
We may subpoena the defendant’s phone records to see records of texts and phone calls. If the phone records show that texts were sent or calls were made or received at the time of the accident, we may use this information to argue that the driver was clearly on their phone and distracted.
The defendant may argue that they were on their phone but using it in hands-free mode. However, hands-free driving requires that a phone is held in place somewhere on the dashboard. If there is no device to secure the phone to the dashboard, we may argue that the driver must have been holding the phone in their hands or on their lap.
Testimony
Even without records or other forms of more definitive proof, we can still rely on the testimony of people who witnessed the driver being distracted. If the defendant testifies, we can cross-examine them about the accident. We may also question passengers who were inside the defendant’s car.
You may have seen the defendant through their car window on their phone, talking to passengers, or driving in a way that is clearly distracted. You may testify about what you saw. Just remember, you are subject to cross-examination by the defense.
Guilty Pleas to Traffic Citations
A distracted driver may face traffic citations for reckless driving. In New Jersey, drivers cannot resolve reckless driving citations merely by paying a fine. A court appearance is often required, and the driver must plead guilty or not guilty.
The citation itself is not admissible as evidence. However, if the driver pleads guilty to reckless driving, we can use that plea as evidence in your civil lawsuit. If they plead not guilty but are ultimately convicted, we can use the conviction as evidence.
Does Distracted Driving Affect Your Damages in a Personal Injury Case?
Distracted driving may allow us to claim punitive damages, depending on the circumstances, and it may affect how we use evidence to prove your claims for compensatory damages.
To obtain punitive damages, we must prove by “clear and convincing evidence” that the defendant acted with actual malice or with a wanton and willful disregard for people who the defendant’s actions may harm.
Depending on the circumstances, distracted driving might allow us to check all the right boxes to claim punitive damages.
If the defendant was texting and driving, for example, we may argue that their actions constitute a willful disregard of the safety of other drivers on the road. Allowing yourself to drive while distracted is highly dangerous, and this is the kind of behavior that courts often seek to deter by awarding punitive damages.
Is it Difficult to Prove Distracted Driving in a NJ Personal Injury Case?
Sometimes, yes. The circumstances that caused the defendant to become distracted occurred inside their vehicle, not yours. As such, you might not even realize they were distracted until an investigation turns up some evidence. The defendant will likely argue that they were not distracted, and if you do not have strong evidence to the contrary, a jury might believe them. The key to proving distracted driving is hard evidence that the defendant was not paying attention to the road.
Is Distracted Driving the Only Cause of an Accident?
In many cases, distracted driving is one of several causational factors. The defendant may have been distracted, but other risky behavior may have been happening. Maybe the defendant failed to change their bald tires. In that case, the tires and the distraction (e.g., texting while driving) may combine to cause the accident. Even if we cannot prove one factor, we may be able to prove the other and meet our burden of proof. Remember, this all depends on the unique factors in your case.
Contact Our NJ Personal Injury Lawyers to Discuss Your Legal Options
Ask our Rahway, NJ personal injury attorneys for a free, private legal assessment when you call Agrapidis & Maroules, P.C. at (551) 525-6465.