Can I Sue a Distracted Driver for an Accident?

Distracted driving accidents happen every day in New Jersey, often in ordinary places on familiar roads. A driver looks down at a phone, adjusts a navigation app, eats, or turns around to talk, and a routine trip becomes a serious collision. When injuries follow, many people wonder whether the law allows them to take action against the distracted driver who caused the crash. In many situations, the answer is yes, but the details matter. Continue reading and reach out to a seasoned Warren County injury lawyer from Pezzano Law Group, Division of Laddey Clark & Ryan to learn more about distracted driving accidents and how we can help if you’ve been hurt in one. Here are some of the questions you may have:

What Counts as Distracted Driving Under New Jersey Law?

Distracted driving is broader than most people realize, and it is not limited to texting. Some of the most common examples of distracted driving are as follows:

• Using a handheld phone to text, call, or scroll social media.
• Adjusting GPS directions, music, or vehicle settings while driving.
• Eating, drinking, or reaching for items inside the car.
• Talking to passengers or turning away from the road.
• Driving while mentally distracted by stress, fatigue, or strong emotions.

New Jersey law prohibits the use of handheld electronic devices while driving, and violations can serve as evidence of negligence. Even when a specific law is not broken, a distracted driver may still be considered careless if their behavior falls below what a reasonably safe driver would do.

How Do You Prove a Driver Was Distracted?

Proving distraction is often one of the most important parts of a personal injury claim. It usually requires gathering evidence that shows what the other driver was doing just before the crash. Some of the most helpful evidence in this regard may include the following:

• Police reports that note phone use, witness statements, or citations.
• Cell phone records showing calls, texts, or data use near impact.
• Traffic camera footage or nearby surveillance video.
• Statements from passengers or bystanders who observed the driver.
• Accident reconstruction analysis explaining how the crash occurred.

Insurance companies often dispute distraction claims, so building a clear case matters. The more evidence that connects the driver’s behavior to the accident, the stronger the claim usually becomes.

What Damages Can You Recover After a Distracted Driving Accident?

If a distracted driver caused your injuries, you may be entitled to compensation for economic and non-economic losses. These damages may include the following:

• Medical bills for emergency care, surgery, therapy, and future treatment.
• Lost wages and reduced earning capacity if you cannot return to work.
• Pain and suffering tied to physical injuries and emotional distress.
• Property damage to your vehicle and personal belongings.
• Long-term impacts, such as disability or loss of enjoyment of life.

Importantly, if you’ve been injured in a car accident of any kind, you should never proceed without an attorney. The Pezzano Law Group, Division of Laddey Clark & Ryan, can help you gather and present evidence, negotiate with insurance companies, and overall work to bolster your claim and get you the compensation you deserve. If you have additional questions or would like to speak with an attorney about your case, simply contact our firm for a free consultation today.