Distracted driving has become a pressing issue on roads across the United States, including the state of New Jersey. Regardless of whether you are a driver, passenger, or pedestrian, distracted driving accidents can be life altering. Victims of distracted driving accidents in New Jersey have plenty of options and legal resources to help them seek compensation for their injuries and losses.
Modified Comparative Negligence in New Jersey
The state of New Jersey operates under a “modified comparative negligence” system, which means that a person injured in a car accident can still recover damages if they are not found to be more than 50% at fault. If the victim is partially at fault, their damages will be reduced in proportion to their degree of fault. This develops means for a more fair and reasonable allocation of compensation.
Pursuing a Lawsuit for Serious Injuries
In most cases, a victim’s injuries must meet the threshold for a “serious injury” as defined by New Jersey law in order to pursue litigation. Serious injuries may include significant scarring, disfigurement, or permanent loss of bodily function. In distracted driving cases, evidence such as phone records, witness statements, and police reports are crucial to the establishment of liability and proving beyond a reasonable doubt that the driver was acting negligently.
Wrongful Death Lawsuits
In tragic instances where a distracted driving accident results in the death of a loved one, surviving family members may pursue a wrongful death lawsuit to seek compensation for their losses, including funeral expenses and loss of financial support.
No-Fault Insurance System
In terms of insurance, New Jersey is a no-fault state, which means that personal injury protection (PIP) coverage is required for all drivers. In the event of a car accident, each party’s own insurance covers their medical expenses and other economic losses, regardless of who was at fault. However, victims can step outside the no-fault system and pursue a lawsuit if they meet the criteria of a serious injury, as mentioned above.
Insurance Claims and Legal Counsel
Victims can file insurance claims with the at-fault driver’s insurance company. The success of the claim will depend on establishing the distracted driving behavior of the at-fault driver as the cause of the accident. Insurance claims can cover medical expenses, property damage, lost wages, and other damages related to the accident. In cases where the at-fault driver is uninsured or underinsured, the victim may turn to their own insurance policy’s uninsured/underinsured motorist coverage for reimbursement.
Seek Legal Advice with Harrell Injury Law for Maximum Compensation
To ensure you get the maximum compensation for your distracted driving-related injuries, it is strongly advised to consult with an experienced personal injury attorney. A New Jersey distracted driving accident attorney can assess the specifics of the case, gather evidence, negotiate with insurance companies, and, if necessary, file a lawsuit to secure fair compensation for the victim’s damages. Call the Harrell Injury Law at 732-749-8800 for a free assessment of your case to guarantee the best compensatory and satisfactory legal outcome.
Leigh A. Raffauf
Partner, Harrell Injury Law
