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Distracted drivers are responsible for numerous car crashes across the nation. One of the largest forms of distractions today comes from cell phones. When people look at their phones for even a few seconds, they can lose control of their vehicles. Texting while driving car accidents in Red Bank cause injuries and deaths every year.
If a distracted driver affected your life or hurt your loved one, you might be eligible for financial compensation. A seasoned auto collision attorney could help you investigate whether pursuing legal action in a personal injury suit is a viable option for you and your family.
Three different types of distractions can cause problems for drivers: Visual, manual, and cognitive. Unfortunately, texting involves all three.
When motorists look down at their cellphones to read a text, they take their eyes off the road. Essentially, these drivers operate their cars in the same manner as if they are wearing a blindfold. They cannot see what is approaching and have no idea what is around them. If the road swerves, a texting motorist would not be able to see it and move their car appropriately. In the amount of time it takes to read a short message, a motorist’s car could travel completely across a highway into the wrong lane.
Texting requires people to use their fingers. Instead of keeping their hands on the steering wheel, texting drivers need to remove at least one hand to type. If they need to make a sudden turn, they might not have the manual dexterity to act quickly with just one hand.
Texting also operates as a mental distraction. While composing a reply in their head, a motorist might not think about what is occurring on the roads around them. If their mind is distracted, they might not be able to think clearly about their driving duties.
Experienced Red Bank attorneys understand how devastating texting from behind the wheel can be. A dedicated legal team could work tirelessly to pursue legal relief for victims of such accidents.
To succeed in a legal claim, an injured claimant must prove that the driver who hit them acted negligently. Proving liability requires a claimant to demonstrate the four elements of negligence.
Every motorist on the roads owes a legal duty of care to act responsibly while driving. This duty extends to everyone on the streets, including other drivers, bicyclists, motorcyclists, and pedestrians.
A breach of the duty happens when a driver does something that places an unreasonable and foreseeable risk to others on the road. When they take their hands, eyes, and mind off their driving duties to read or reply to a text message, a motorist breaches that duty of care.
The injured claimant must show that texting while driving caused the wreck. While courts usually accept that texting is the cause of a crash, it can be challenging to prove that the motorist was texting at the time of the accident. A proactive attorney could follow the procedural channels to gain access to the driver’s cellphone records. They could also speak with bystanders to see if they observed the driver looking down, which could indicate they were texting.
A claimant would need to demonstrate that the collision caused them actual damages. A dedicated lawyer could help them produce quantitative evidence of their economic damages, such as medical bills and lost wages. They could also help them assess their noneconomic damages, such as their pain and suffering.
Our team of legal professionals in Red Bank have vast experience gathering evidence to help prove negligence in crashes involving texting drivers.
Texting while driving car accidents in Red Bank can completely alter your life. You deserve justice. The irresponsible driver who got behind the wheel and decided to use their phone instead of driving responsibly should pay for their mistakes. A diligent attorney could fight and stand up for your right to fair compensation. Schedule a consultation with our legal team today.