Parsippany Distracted Driving Accident Attorneys
Fighting For Those Who Have Been Injured By a Distracted Driver in Morris County
When you are driving, your focus should be on the road. Unfortunately, distracted driving has become a major problem in New Jersey and across the country. In fact, according to the National Highway Traffic Safety Administration (NHTSA), distracted driving has been one of the leading causes of traffic injuries and deaths over the last decade or so.
If you were injured—or if your loved one was killed—in a distracted driving accident, you may be entitled to compensation. At The Law Offices Of James C. DeZao, P.A., we understand the challenges you are facing and the challenges you will face in the future. Our Parsippany distracted driving accident lawyers are here to help you fight for the fair recovery you are owed. We have a proven track record of success and have recovered millions of dollars for our clients. We are ready to put our experience to work for you.
Call our firm at (973) 358-6134 or contact us online to request an initial consultation with our distracted driving accident attorney in Parsippany.
What Is Distracted Driving?
Distracted driving is any activity that diverts a driver’s attention away from the primary task of driving. When you are driving, you should be paying attention to the road, your surroundings, and your vehicle. Anything that takes your attention away from driving is considered a distraction.
There are three main types of distracted driving:
- Manual distractions, which involve taking your hands off the wheel
- Visual distractions, which involve taking your eyes off the road
- Cognitive distractions, which involve taking your mind off the task of driving
Many activities involve all three types of distractions and are, therefore, extremely dangerous. For example, texting while driving involves taking your hands off the wheel, taking your eyes off the road, and taking your mind off driving.
Common Forms of Distracted Driving
While many people think of texting and driving when they hear the term “distracted driving,” the reality is that many different activities can distract drivers and cause accidents. Some of the most common forms of distracted driving include:
- Talking on the phone
- Texting and driving
- Using social media
- Using the internet
- Using GPS/navigation systems
- Watching videos/movies
- Adjusting the stereo or climate system
- Applying makeup
- Shaving
- Reading
- Looking at maps or directions
- Smoking
- Talking to passengers
- Daydreaming
- Looking at scenery
- Staring at a billboard or sign
These are just a few examples of the many activities that can take a driver’s attention away from the road and cause a serious accident.
Common Injuries in Distracted Driving Accidents
Common injuries may include the following:
- Whiplash and Neck Injuries: The sudden impact from a distracted driving accident often causes the head to jerk forward and backward rapidly, resulting in whiplash. Neck injuries could result in chronic pain, limited mobility, and, in some cases, long-term disability.
- Traumatic Brain Injuries (TBI): Distracted driving accidents are a leading cause of traumatic brain injuries, which could result from blunt force trauma to the head. TBIs can range from mild concussions to severe brain damage, leading to cognitive impairment, mood changes, and reduced quality of life.
- Spinal Cord Injuries: These injuries can vary from herniated discs to complete spinal cord damage, leading to partial or full paralysis.
- Broken Bones and Fractures: The impact of a collision often causes fractures in various parts of the body, which include arms, legs, and ribs. Fractures may require surgeries, physical therapy, and extended recovery times, which can interfere with daily life and employment.
- Internal Injuries: Internal injuries, including damage to organs like the liver, spleen, and lungs, are common in distracted driving accidents.
- Emotional and Psychological Trauma: Beyond physical injuries, many accident victims suffer from emotional distress, anxiety, and even post-traumatic stress disorder (PTSD) after a distracted driving accident. This trauma can have a lasting effect on a person’s mental health and overall well-being.
How to Recognize a Distracted Driver
Unfortunately, you cannot always rely on other drivers to stay focused on the road. To help protect yourself and your loved ones, it is important to learn how to recognize the signs of a distracted driver. Some common signs that a driver is distracted include:
- Swerving in and out of the lane
- Drifting into other lanes
- Driving too slowly
- Accelerating or decelerating suddenly and without reason
- Not stopping at stop signs or red lights
- Not using turn signals
- Driving with the headlights off at night
If you see a driver who is exhibiting any of these signs, it is important to stay as far away from them as possible. If you can do so safely, you should also call the police and report the driver.
Is Distracted Driving Illegal in New Jersey?
Yes, distracted driving is illegal in New Jersey. In fact, the state has some of the strictest laws in the country when it comes to distracted driving.
The current laws prohibit all drivers from using a handheld cell phone or smartphone while driving. This includes using a cell phone to send or receive calls, text messages, or emails, and it also includes using a handheld cell phone to access the internet, use social media, play games, or watch videos. However, the laws do not prohibit drivers from using hands-free systems to make phone calls or access GPS/navigation systems.
It is also against the law for drivers of all ages to use a cell phone or smartphone, whether handheld or hands-free, while driving through a designated school zone or construction zone. In addition, bus drivers and novice drivers (those with learner’s permits or provisional licenses) are prohibited from using a cell phone or smartphone, whether handheld or hands-free, at any time while driving, even if they are not in a school zone or construction zone.
Anyone who violates New Jersey’s distracted driving laws can face significant penalties. For a first offense, drivers can face fines ranging from $200 to $400. For a second offense, drivers can face fines ranging from $400 to $600. For a third or subsequent offense, drivers can face fines ranging from $600 to $800, as well as a 90-day driver’s license suspension. In addition, all drivers who violate the state’s distracted driving laws will receive three points on their driver’s license, which can result in higher insurance premiums.
What Damages Could Be Recovered in a Distracted Driving Accident Claim?
Compensation in a distracted driving accident claim may include:
- Medical Expenses: Medical bills often represent the most immediate and significant cost following an accident. This can include emergency room visits, surgeries, hospital stays, medication, and physical therapy expenses. Future medical expenses may also be recoverable if long-term treatment is necessary.
- Lost Wages and Loss of Earning Capacity: If injuries sustained in a distracted driving accident stop you from working, you may be qualified for compensation for lost wages. Additionally, if the accident has impacted your ability to perform your job in the future, you may be eligible for compensation for loss of earning capacity.
- Property Damage: A distracted driving accident often damages your vehicle or other personal property. You may be able to recover the costs of repairing or replacing damaged property.
- Pain and Suffering: Physical pain and emotional despair resulting from the accident are considered non-economic damages. While these damages are more difficult to quantify, they are often significant, especially for severe injuries that cause ongoing pain and impact quality of life.
- Emotional Distress: Distracted driving accidents can leave victims with long-term emotional scars. Compensation for emotional distress can help address issues like anxiety, depression, and PTSD, which may require counseling or therapy.
- Loss of Enjoyment of Life: Serious injuries from an accident can drastically affect a person’s ability to enjoy life as they once did. When accident-related injuries prevent you from participating in hobbies, social activities, or other aspects of your daily life, you may be able to seek compensation for the loss of enjoyment.
- Punitive Damages: In instances of extreme recklessness, punitive damages may be granted to punish the at-fault driver and prevent similar conduct in the future. While punitive damages are not granted in every case, they may apply in severe distracted driving cases.
Contact Our Distracted Driving Accident Attorney in Parsippany Today
When it comes to choosing a personal injury attorney to handle your distracted driving accident case, experience matters. At The Law Offices Of James C. DeZao, P.A., we have been representing clients in all types of personal injury matters for over 25 years. We know what it takes to win, and we are prepared to fight for you.
Our team is proud to offer compassionate, personalized legal services. When you choose our firm, you will work directly with our attorneys. We will take the time to get to know you and your unique situation, as well as your goals. Our team will then craft a customized legal strategy to help you seek the maximum compensation you are owed.
We are committed to providing the highest level of client service. Our team is always available to answer your questions and address your concerns. We are also available to meet with you in your home or the hospital if you are unable to make it to our office.
Finally, we handle all personal injury cases on a contingency fee basis. This means that you do not owe any upfront costs or fees. In fact, you will not owe us anything unless/until we recover compensation for you. If we do not win your case, you will not pay.
Get started with a consultation. Call (973) 358-6134 to get started with our Parsippany distracted driving accident lawyer.
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