Distracted Driver Collisions in Kearny

If you spend any amount of time driving on the roads in Kearny, it’s likely that more than once or twice you’ve noticed a driver glued to their phone or attempting to multitask behind the wheel – sometimes while they’re driving fast along the highway. These behaviors can lead to distracted driving collisions, which often result in serious injuries and property damage. If you or someone you care about has been hurt in a crash involving a distracted driver, it helps to understand your rights and options. A trusted Kearny car accident lawyer can help you determine your options after experiencing an avoidable crash.

Legal Options After a Distracted Driver Collision

If you’ve been hit by a distracted driver in Kearny, you have several legal avenues to explore when seeking compensation for your losses.

Filing an Insurance Claim: You can file a personal injury claim with the at-fault driver’s insurance carrier. This often involves proving the driver was indeed negligent by showing cell-phone use or other distractions.
Negotiating a Settlement: Many claims are resolved out of court. A settlement can cover damages such as medical bills, car repairs, and lost income without going to trial.
Personal Injury Lawsuit: If negotiations stall, you can file a lawsuit to hold the negligent driver accountable and aim for a larger damage award.

By consulting a Kearny personal injury lawyer, you can get help determining which legal path best fits your situation, improving your chances of obtaining fair compensation.

Liability in Distracted Driver Accidents

When a crash in Kearny involves a distracted driver, figuring out who can be held liable is an important part of seeking compensation for any injuries or losses. Commonly liable parties include the following:

Driver

The person behind the wheel is most commonly at fault, especially if they were texting, playing with their phone or GPS, or otherwise not paying attention. Distracted driving compromises their ability to see and avoid hazards in time. If evidence shows the driver was focusing on something other than the roadway, they may bear full responsibility for the accident and subsequent damages.

Driver’s Employer

If the driver was on the job and fulfilling work-related duties during the collision, the employer might also share liability. This is based on vicarious liability, where the employer can be responsible even if they weren’t at all negligent.

Third-Party

In some cases, another party may be liable for contributing to the driver’s distraction. For instance, if a defect in the vehicle or software caused the accident, the third-party manufacturer might be partly responsible. Your attorney can conduct a detailed investigation to find out if someone else’s negligent actions or products contributed to the crash.

Victim Partially at Fault

In certain instances, the injured person could share some of the blame for the incident. For example, if they were driving too closely behind before the other driver was distracted, they may also be held responsible. Under comparative negligence laws, their financial award might be reduced by the percentage of fault that’s assigned to them. However, they can typically still pursue compensation as long as their share of fault is not greater than that of other parties involved.

The best way to determine the responsible party and recover compensation is to speak with a personal injury lawyer. For help, contact us today to schedule a free consultation.

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