Distracted Driver Negligence2017-11-13T22:21:52+00:00

New Jersey Distracted Driver Negligence Attorney

The danger of distracted driving simply cannot be overstated. More than 3,300 people were killed by distracted drivers in 2012, according to the U.S. Department of Transportation, and another 421,000 people were injured in distraction-related crashes. A study by the AAA Foundation for Traffic Safety found that, of all those who report feeling less safe on the road today compared to five years ago, nearly half attribute their concerns to the rise in distracted driving. The same study found that over 80 percent of drivers think distracted driving is a serious problem and that it makes them feel unsafe on the road.

Technology continues to improve at an astounding rate, making it easier than ever to stay connected 24/7. However, these helpful devices can be extremely dangerous when used behind the wheel, posing a serious threat to all other drivers and passengers on the road. And unfortunately, cell phones are far from the only distraction pulling drivers’ attention away from the road. When combined with high speeds and quick maneuvers, something as simple as changing the radio station becomes a highly dangerous—and potentially negligent—action.

If you or a loved one have been seriously injured due to distracted driving, contact Maggiano, DiGirolamo & Lizzi today. Our skilled personal injury lawyers have spent more than 80 combined years fighting for the injured in New Jersey and New York, collecting more than $300 million in compensation along the way. Maggiano, DiGirolamo & Lizzi have the experience and commitment to see your claim through to the very end and hold the guilty party accountable for their negligence. Call (201) 585-9111 or contact us online to speak with one of our experienced personal injury attorneys today.

Causes of Distracted Driving

Federal estimates say that distracted driving accounts for about 16 percent of fatal crashes, and the true percentage could be even higher; a Governors Highway Safety Association report estimates that anywhere between 15 and 25 percent of accidents are caused by distracted drivers.

At any given time, more than 600,000 drivers are manipulating electronic devices, which make up a large portion of distractions. However, distracted driving can take many forms, including:

  • Texting
  • Using a cell phone
  • Eating
  • Drinking
  • Adjusting the radio, CD player, or mp3 player
  • Talking to other passengers
  • Watching a video
  • Applying makeup or fixing hair
  • Reading, including work materials or maps
  • Typing into or adjusting a navigation system
  • Tending to pets
  • Reaching for items in the passenger seat or back seat

Approximately 10 percent of drivers under the age of 20 involved in fatal crashes were reportedly distracted at the time of the crash, representing the largest proportion of distracted drivers of any age group. However, the problem of texting while driving is not limited to young drivers. Contrary to popular belief, adults report texting while driving at higher levels than teenage drivers, according to a survey by AT&T. Nearly 50 percent of adult drivers admit to texting while driving, compared to 43 percent of teenagers. Of the 1,011 adults surveyed, 40 percent say texting while driving is a “habit,” and more than half say they only started texting while driving in the past three years.

What Can You Win in a Car Accident Claim?

If you are seriously injured in a car accident in New Jersey or New York, you could have grounds for a personal injury claim. In order to have a solid car accident claim, you must prove that:

  • You were injured
  • The other driver acted carelessly
  • The other driver’s carelessness (or “negligence”) was the direct cause of your injury

There are, of course, other considerations that go into determining whether or not you have a case, but answering the above questions can give you a good start. An experienced car accident lawyer can help you figure out who is liable for your accident and if filing a lawsuit is your best option for compensation.

Damages in New Jersey personal injury cases are split into two categories: compensatory and punitive damages. Compensatory damages are designed to reimburse the plaintiff for losses suffered as a result of the defendant’s negligence, whether they be financial, physical, or emotional losses. Compensatory damages include:

  • Current and future medical treatment: includes hospitalization costs, ongoing treatment expenses, rehabilitation costs, and any expected future medical expenses
  • Lost wages: compensation for wages lost while out of work due to the injury, as well as decreased earning capacity in the future if the injury will continue to affect the victim
  • Loss of enjoyment of life: covers loss of enjoyment of day-to-day activities, recreation, hobbies, and exercise
  • Pain and suffering: the physical and emotional pain caused by the accident, including the pain of the physical injuries and ongoing emotional trauma
  • Wrongful death: compensation for the family or estate of someone killed by a negligent driver

Punitive damages are more rare and are designed to punish the defendant for particularly egregious or negligent behavior. Punitive damages are awarded in the most troubling of cases, including cases of intentional injury.

It is important to remember that there is a two-year statute of limitations on personal injury cases in New Jersey. In other words, you must file your claim within two years of the accident if you choose to do so. If you do not file a claim within two years, your case will not be heard and you will lose out on the right to compensation for your accident.

Contact Maggiano, DiGirolamo & Lizzi

Maggiano, DiGirolamo & Lizzi have proudly served the injured of New Jersey and New York since 1974. With more than 80 years’ worth of combined trial experience, we are prepared to fully investigate your claim and fight for your compensation. Maggiano, DiGirolamo & Lizzi have collected more than $300 million for clients throughout New Jersey and New York, both in and out of the courtroom. Our team of personal injury lawyers have achieved a number of significant verdicts and settlements for victims of all types of injuries, including:

  • $10 million for a car accident victim who suffered a severe brain injury and visual impairment after being thrown from a vehicle
  • $7 million to a 23-year-old pedestrian who suffered a debilitating brain injury after being struck by a vehicle
  • $6.2 million for a commercial truck driver who was struck by another truck driver while pulled off on the side of the road
  • $2.8 million for a car accident victim who was struck by a negligent driver, leading to a total knee replacement
  • $2.5 million for a driver who was struck by a New Jersey Transit Bus after exiting the Lincoln Tunnel
  • $1.7 million for a 50-year-old driver who was rear-ended at a stoplight

Maggiano, DiGirolamo & Lizzi are here to help you recover your losses. If you or a loved one has suffered serious injury as a result of a distracted driving, contact us today for a free consultation. Call (201) 585-9111 or contact us online to start on the road to recovery today.