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 be found negligent.
Texting, checking social media or setting the GPS while driving all examples of distracted driving. These examples will cause a driver to divert their hands, eyes, and attention away from the task of controlling their vehicle. Since a reasonable person would keep their hands on the wheel, their eyes on the road, and their attention on potential obstacles, many personal injury cases involving texting while driving result in the party who was found guilty of texting to also be found guilty of negligent.
Talking on the phone, however, has raised more complex questions about negligence, especially in cases where a driver is using a headset. With the use of a headset, drivers are more likely to keep their hands and eyes on the task of driving, even if their attention is divided.
However, just how heavily that attention is divided is a matter of concern. Several studies have indicated that using a hands-free cell phone option, like a headset or in-vehicle sound systems, does not reduce distraction much more than holding the phone does.
When combined with other roadway factors like darkness, impaired visibility from the weather, or stop and go traffic, talking on a cell phone may become something a reasonable person would not have done – because a reasonable person would have realized that they needed all their attention on the challenge of driving.
It is also important to remember that whether talking on a cell phone is legal and whether it is negligent are two different questions. If talking on a cell phone while driving is illegal in a particular locale, and someone causes an accident while talking on the phone, the fact that the call is illegal may be used as evidence against them in a court of law to portray that the driver acted negligently.
Seasoned Personal Injury Attorneys Representing Accident Victims in NJ
Did you or a loved one sustain serious injuries due to texting and driving accident in New Jersey? Don’t let the medical bills pile up while you wait for the negligent party or their insurance company to do the right thing. Right now, you need an aggressive personal injury attorney on your side, fighting to get you the compensation you need, want, and deserve. The skilled injury attorneys at CourtLaw NJ Personal Injury Lawyers represent clients injured in accidents in Perth Amboy, Jersey City, New Brunswick, Roselle, East Orange, and throughout New Jersey. Call 732-442-5900 or fill out our online contact form to schedule a free consultation about your case. We have an office conveniently located at 163 Market Street, Perth Amboy, NJ 08861 as well as offices in Jersey City, New Brunswick, Roselle, and East Orange.
The articles on this blog are for informative purposes only and are no substitute for legal advice or an attorney-client relationship. If you are seeking legal advice, please contact our law firm directly.