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How Do You Seek Compensation for a Distracted Driving Accident in New Jersey?

May 12, 2021 | Posted In Personal Injury/Negligence |

Distracted driving is among the leading causes of car accidents in New Jersey. From eating and drinking to texting and using social media, all types of distractions can lead to accidents. When they do, accident victims and their families can seek just compensation under New Jersey law.

But, to seek just compensation for a distracted driving accident, accident victims and their families must be able to prove that the other driver was distracted. Fortunately, there are several ways to prove distracted driving.

5 Ways to Prove That a Driver Was Distracted

Here are five types of evidence our attorneys are frequently able to use to prove that a driver was distracted behind the wheel:

1. The Distracted Driver’s Statements at the Scene, Online, or in Legal Proceedings

In some cases, drivers will admit to being distracted at the scene of the accident. When this happens, our attorneys can use the driver’s own statements to establish liability. It is becoming increasingly common to find evidence of liability online (i.e., if the other driver posts about the accident on social media). We may also be able to obtain the driver’s admission in a deposition or trial testimony.

2. The Police Report

If the responding officer observed evidence of distracted driving, the police report could serve as evidence in your case. This evidence could include the driver’s statements at the scene, or it could consist of physical evidence such as a spilled drink or a cell phone in the driver’s footwell.

3. Cell Phone and Vehicle “Black Box” Data

When investigating a distracted driving accident involving cell phone use, our attorneys can subpoena the other driver’s phone company to obtain his or her cell phone records. These records will show whether the driver was talking on the phone or using data when the crash happened. We can also seek to obtain the “black box” data from the other driver’s vehicle—and this may also show what the other driver was doing at the time of the crash.

4. Eyewitness Testimony

If anyone witnessed the accident, we can seek to obtain their sworn testimony. This includes your passenger or driver, other motorists, and pedestrians who saw the accident from the side of the road.

5. Video Footage and Photos

Dash camera footage, traffic camera footage, security camera footage, and cell phone photos and videos can all serve as evidence in distracted driving cases as well. If there is photo or video evidence that the other driver was distracted behind the wheel, this can help significantly in proving a claim for just compensation.

Talk to a New Jersey Distracted Driving Accident Lawyer about Your Case

Do you need to seek just compensation for a distracted driving accident in New Jersey? If so, we encourage you to contact us promptly for a free consultation. To discuss your accident with an experienced attorney in confidence, call 877-435-6371 or get in touch online now.

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Helmer, Conley & Kasselman, P.A.

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