Many states and cities ban texting while driving. Texting, as well as activities like searching an address book or music list or checking social media while driving, is commonly seen as negligence, or a failure to use due care while driving. While some locales likewise ban talking on a cell phone while driving, the question of whether having a phone conversation while driving is negligent is less clear. Negligence is the legal standard that determines fault in most personal injury cases. It asks whether a reasonable person would or would not have done something similar to what the defendant has been accused of. If the defendant didn’t do the same thing a reasonable person would have done, the defendant may…

The Insurance Institute’s statistics report that New Year’s Eve is consistently reported to have the highest car crash fatalities every year between 1986 and 2002. According to experts, driving on holidays is much more dangerous than driving on other days because of the increased amount of traffic and a greater likelihood of alcohol-impaired drivers. Holidays greatly increase alcohol consumption during family gatherings, work parties, and other related events, so it’s important to be extra cautious. Impaired drivers are the biggest concern, but a growing number of accidents are caused by distracted driving. The holiday season usually means more communication between loved ones. But you should never text, surf the web or try to operate your smartphone while driving. The holiday season…

The state of New Jersey requires all drivers to obtain personal injury protection coverage through an auto insurance provider, but it’s important to understand what type of coverage and rights you have in the event of an accident. When you sign up for insurance, carefully read your policy and look for the limits of your coverage. If you choose a “Full Tort” policy, then your premiums will likely be higher. The benefit of this option is that you maintain the right to sue a driver in an accident for medical damages as well as pain and suffering. When you choose a “Limited Tort” policy, you forfeit your legal right to sue the driver for pain and suffering. You can still pursue…

If you have recently been injured in a car accident that you believe is tied to another party’s drowsy driving, this could be a critical element of establishing liability so that you can recover as much compensation as you can for the injuries you have sustained. Unfortunately, the National Highway Traffic Safety Administration shares that drowsy driving is a widespread epidemic across motorists all over the country. In 2013, more than 44,000 injuries, 800 deaths, and 72,000 accidents were tied to drowsy driving. Drowsy driving may also be referred to as driver fatigue and this can happen in any situation in which a driver is too sleepy to operate a motor vehicle and therefore puts themselves and others at risk of…

Statistically, August is the most dangerous month to drive according to the National Highway Traffic Safety Administration. The group also concludes that Saturday is the most dangerous day of the week. While many different issues contribute to road safety levels, the most impactful factor is the overall number of drivers on the road. Most motor vehicle accidents happen when people are driving home from work in rush hour traffic between 3 p.m. and 6 p.m. Research has consistently proven that the most dangerous times to drive include periods of increased traffic, times when road conditions are poor and during special events. Holidays and sports events are considered a much more dangerous time to be on the road because of the…