Distracted driving continues to be a major cause of car accidents in New Jersey. Distracted driving is anything that takes a driver’s attention off the primary task of driving.
Types of distracted driving
Although most people associate distracted driving with using a cell phone, there are various activities that are considered distracted driving. Some include using a navigation system, eating, drinking or talking to another passenger.
When you are involved in a car accident with a driver who you believe was distracted at the time of the accident, proving distraction can be a challenge. You must have strong evidence to prove distraction if you hope to recover compensation through a personal injury action.
Here are some ways to prove a driver was distracted.
Talk with witnesses
People who witnessed the accident or the other driver’s behavior just before the accident may have seen the other driver using their phone or engaging in any other type of distracted driving behavior.
View surveillance footage from nearby businesses or homes. It may have captured the other driver’s conduct, which can back up any witness testimony.
Obtaining the other driver’s cell phone records can show distraction. The records could show that the driver was using the phone or texting at the time of the accident.
Review the police report
You should contact the police after any accident and have a police report done. Request a copy and review the report carefully for statements from the other driver. They might have admitted to being distracted or causing the accident.
Personal injury actions in New Jersey are based on negligence and distracted driving is a form of negligence. However, even if you prove another driver was distracted, they may claim you were negligent as well.
New Jersey’s modified comparative negligence law reduces your compensation based on your own percentage of negligence. If you are found to be 50% or more negligent, you recover nothing at all. Therefore, part of building a strong case involves showing you were driving safely at the time of the accident.
