Are there common elements in distracted driving lawsuits?

As a law firm that focuses on a broad spectrum of personal injury lawsuits, our experience confirms that motor vehicle crashes comprise a substantial portion of personal injury claims.

Yet despite their frequency, each motor vehicle case is unique. Part of that idiosyncrasy is due to the many factors that separately or in combination may contribute to distracted driving. From texting or using a cell phone behind the wheel to simple daydreaming, even a moment’s distraction may result in a missed traffic signal or the failure to spot a change in traffic flow. Of course, drunk drivers can also bring tragedy to other drivers on the road.

As we noted in a recent article, a New Jersey distracted driver claimed the life of another individual nearly every other day in 2013. State officials are hoping to reduce that statistic through campaigns like the JustDrive.com initiative, launched by the New Jersey Motor Vehicle Commission.

We have a network of experts who can help establish causation in a motor vehicle case. In some cases, that may be easy based on the skid marks on the road or the traffic lights at an intersection. If a driver’s blood alcohol content was above the legal limit, a jury might also infer that the driver was negligent.

We also have experience going up against big insurance companies. For injuries that are serious, such as spinal cord or brain injuries, it may be important not to accept the first settlement offer advanced by an insurance company.