The lawyers of Davis, Saperstein & Salomon, P.C., have seen distracted driving become a major cause of accidents in New Jersey as in the rest of the U.S. In fact, the National Highway Traffic Safety Administration (NHTSA) indicates that 416,000 people were injured and 3,092 people were killed in 2010 because of a driver’s failure to pay attention.
While all distracted driving is dangerous, most evidence suggests that the greatest risk comes from texting and driving. Unfortunately, when a driver texts and drives, he puts not just himself but passengers and others on the road at risk as well.
If you have been injured in a texting accident caused by another driver in New Jersey, the law firm of Davis, Saperstein & Salomon, P.C., can help you to sort through two possible options for seeking relief for your losses.
One option is filing a no-fault insurance claim. This claim would seek benefits from your own insurance company, or the insurance company of the driver of the car you were a passenger in.
Another option that may be available to you would be to file a personal injury lawsuit. This claim would seek compensation from the driver or drivers who caused your crash.
Determining what route to take in your case can be confusing and frustrating at a time when you should be focusing on your recovery and your family. Davis, Saperstein & Salomon, P.C., can help to relieve your stress by doing this work for you and seeking funds that you need to carry on with your life.
We provide free and confidential initial consultations. To schedule one today, call (800) LAW-2000 or fill out our online form.
Texting while driving has conclusively been proven to present significant dangers. In fact:
The dangers of texting and driving are especially troubling because more people are texting than ever before. According to a comprehensive report published by the U.S. Department of Transportation, the percentage of drivers texting or otherwise manipulating a handheld device while driving increased from .6 percent in 2009 to .9 percent in 2010.
Distraction.gov indicates that more than 196 billion text messages were sent in the month of June of 2011, representing an increase of nearly 50 percent since June 2009.
The statistics on distracted driving also suggest that teens may be the population at the greatest risk for texting and driving accidents because teens text more than any other age group. Distraction.gov presented the disturbing fact that 11 percent of all teen drivers involved in fatal crashes were distracted at the time when the accident occurred and that 40 percent of all American teenagers report being in the car with a driver using a cell phone in a way that created a danger.
Because texting and driving is so dangerous, many states are banning the practice. New Jersey is one of those states. According to New Jersey law:
These laws not only work to help prevent texting and driving accidents, but also make it easier to take action when someone causes an accident by texting. If a driver is breaking a safety law and causes a crash, he can be assumed to be negligent (or is said to be “negligent per se”). Thus, in texting cases, a car accident victim does not have to prove negligence to recover compensation in a personal injury lawsuit.
Employees that are texting while driving may inculpate their employer and corporations if the text is business-related. A company can be held vicariously liable for employees that text and drive.
If you or a loved one has been injured in a texting accident, you may have the right to recover compensation for your injuries and other losses.
Many people fear that if they take immediate action in making a claim, they will be penalized because it appears they are motivated by money. This is a huge mistake because insurance companies often start their investigations while the accident victim is still hospitalized.
The car accident lawyers and staff of Davis, Saperstein & Salomon, P.C., are ready to help. Since 1981, we have devoted our legal careers to helping people throughout New Jersey and New York who were injured as a result of the carelessness of others.
Call us today at (800) LAW-2000 or complete our online form to schedule a free and confidential consultation right away. The consultation can be in person or by telephone, Skype, FaceTime or GoToMeeting. We also make house calls and hospital visits due to time being of the essence in establishing a claim. We do not charge attorney’s fees unless we are successful in your case.