The Role of a Personal Injury Lawyer in Distracted Driving Cases in New Brunswick 

Date Posted: October 17, 2024 6:43 am

The Role of a Personal Injury Lawyer in Distracted Driving Cases in New Brunswick 

Did you know that distracted driving is responsible for over 22 % of fatal car accidents in New Brunswick?

Distracted driving is a serious problem in New Brunswick. It puts everyone on the road at risk. Using a phone while driving can lead to fines and demerit points on your license.

If you’re hurt in a crash caused by a distracted driver, you may need help.

A personal injury lawyer can guide you through the legal process after an accident. They know the laws and can fight for your rights.

Getting legal help quickly after a distracted driving crash can protect your claim and improve your chances of fair compensation.

Don’t wait to talk to a lawyer if you’re in a distracted driving accident. Evidence can disappear fast. The other driver’s insurance company may try to settle quickly for less than you deserve.

A good lawyer will gather proof, talk to witnesses, and ensure you don’t miss important deadlines.

Key Takeaways

  • Distracted driving accidents can lead to serious injuries and legal issues
  • Personal injury lawyers help protect your rights and seek fair compensation
  • Quick action after a crash is key to building a strong case

What is Distracted Driving?

What is Distracted Driving?

Distracted driving puts lives at risk on New Brunswick roads. It involves any activity that takes a driver’s attention away from the task of safe driving.

Common Types of Distracted Driving

Distracted driving accidents in New Brunswick often involve cell phone use. Texting or talking on the phone are major distractions. Eating, drinking, or adjusting the radio can also distract you from the road.

Other common distractions include:

  • Talking to passengers
  • Using GPS navigation
  • Grooming (applying makeup, shaving)
  • Reading maps or directions
  • Watching videos

These activities use your hands, eyes, or mind—sometimes all three—making them very dangerous while driving.

How Distracted Driving Impacts Road Safety

When you drive distracted, your reaction time slows down. You might miss important signs, signals, or hazards. This puts you and others at risk.

Distracted driving can be as dangerous as drunk driving. It takes your brain up to 13 seconds to refocus after looking at your phone. At highway speeds, that’s like driving the length of a football field with your eyes closed.

Distracted driving leads to more crashes, injuries, and deaths. It affects not just drivers but also passengers, pedestrians, and cyclists.

Legal Definition of Distracted Driving in New Brunswick

In New Brunswick, the law focuses on electronic device use while driving. It’s illegal to use a hand-held device while operating a vehicle. This includes:

  • Talking on a cell phone
  • Texting
  • Emailing
  • Using social media
  • Programming a GPS

Hands-free devices are allowed, but they can still be distracting. The law aims to keep your hands on the wheel and your eyes on the road. Breaking this law can result in fines and points on your license.

The Legal Implications of Distracted Driving in New Brunswick

The Legal Implications of Distracted Driving in New Brunswick

Distracted driving in New Brunswick carries serious legal consequences. The laws aim to keep roads safe and hold drivers accountable for dangerous behaviors.

Overview of Distracted Driving Laws

In New Brunswick, it’s illegal to use handheld devices while driving. This includes texting, talking on the phone, or adjusting GPS settings. The law also applies when you’re stopped at red lights or in traffic.

Hands-free devices are allowed, but you must set them up before driving. Eating, drinking, and grooming while driving can also count as distractions.

Police can pull you over if they suspect distracted driving. They don’t need another reason to stop you.

Penalties for Distracted Driving Offenses

If caught driving distracted in New Brunswick, you face fines and demerit points. The current fine is $172.50, and you’ll lose 3 demerit points from your license.

These penalties add up quickly. After 4 convictions, you could lose your driving privileges. This happens when you reach 10 lost demerit points.

Repeated offenses may lead to higher fines and longer license suspensions. You might face criminal charges in severe cases, especially if an accident occurs.

Why Legal Representation Matters for Distracted Driving Cases

Having a distracted driving accident lawyer in NB can make a big difference in your case. They understand the complex laws and can help protect your rights.

A lawyer can:

  • Challenge evidence against you
  • Negotiate for reduced penalties
  • Represent you in court if needed

If you’re in an accident caused by a distracted driver, a lawyer can help you seek compensation. They’ll gather evidence and deal with insurance companies on your behalf.

The sooner you act, the better your chances of a favorable outcome.

Don’t let the other driver’s negligence go unchecked. Reach out to Haller Law and let a trusted Moncton personal injury lawyer start gathering the crucial evidence needed for your distracted driving case. The sooner you act, the stronger your case will be!

If you’re ready to get started, call us now!

Why You Need a Personal Injury Lawyer After a Distracted Driving Accident

Getting legal help quickly after a distracted driving crash is crucial. A skilled lawyer can gather evidence, figure out who’s at fault, and deal with insurance companies on your behalf.

While specific data for New Brunswick isn’t readily available, a U.S. study found that accident victims who hired a lawyer received settlements 3.5 times larger than those who didn’t.

Gathering Critical Evidence

After a distracted driving accident, you must act quickly to collect proof. A personal injury lawyer can:

  • Get cell phone records to show the other driver was texting
  • Find and talk to witnesses before their memories fade
  • Take photos of the crash site and vehicle damage
  • Get traffic camera footage if available

Your lawyer will know what evidence matters most for your case. They can also hire experts to examine the crash scene and reconstruct what happened.

Determining Fault and Liability

Proving the other driver was distracted can be challenging. A car accident lawyer in Moncton can:

  • Review police reports for signs of distraction
  • Check if the driver broke any distracted driving laws
  • Look into the driver’s history of tickets or crashes
  • Figure out if anyone else might be partly at fault

Your lawyer will build a strong case to show the other driver caused the crash. This helps you get fair compensation for your injuries and losses.

Handling Insurance Companies and Negotiating Compensation

Dealing with insurance companies can take time and effort. A personal injury lawyer will:

  • Talk to the insurance company for you
  • Make sure you don’t say anything that could hurt your case
  • Calculate the full value of your claim, including future costs
  • Negotiate for a fair settlement

Insurance firms often try to pay less than you deserve. Your lawyer knows their tactics and how to counter them. They’ll fight for your rights and push for the most money possible for your injuries.

Common Mistakes to Avoid After a Distracted Driving Accident

Getting into a car crash can be overwhelming. You might make choices that hurt your case later on. Here are key errors to steer clear of:

Delaying Legal Action

After an accident, you have a limited time to take legal action. In New Brunswick, you typically have two years to file a claim. Waiting too long can weaken your case.

Evidence may disappear over time, witnesses might forget important details, and your injuries could heal, making it harder to prove their severity.

Don’t put off talking to a lawyer. They can guide you through the process and protect your rights. Quick action helps build a stronger case for you.

Failing to Collect Sufficient Evidence

Right after the crash, gather as much proof as you can. Take photos of the accident scene, vehicle damage, and your injuries. Get contact info from witnesses.

Write down what happened while it’s fresh in your mind. Keep all medical records and bills related to your injuries.

If you suspect the other driver was distracted, note any signs of phone use or other distractions. This evidence is crucial for your case.

Relying Solely on Insurance Adjusters

Insurance companies want to pay out as little as possible, and their adjusters might not have your best interests in mind.

Don’t accept the first offer without talking to a lawyer. Insurance companies often lowball initial settlements.

Be careful what you say to adjusters. They might use your words against you later. Let your lawyer handle communications to protect your rights.

Personal injury lawyers can negotiate with insurers on your behalf. They know how to value your claim fairly and fight for what you deserve.

How Personal Injury Lawyers Prove Distracted Driving in New Brunswick

Personal injury lawyers use various methods to prove distracted driving in New Brunswick. They gather evidence, work with experts, and build a strong case to show the other driver’s negligence.

Obtaining Phone Records and Other Key Evidence

Your lawyer will request phone records to check if the driver used their device during the accident. They may also seek surveillance footage from nearby cameras or dashcams.

Other important evidence includes:

  • Police reports
  • Photos of the accident scene
  • Vehicle damage reports
  • Medical records

Lawyers look for signs of distraction, such as skid marks or lack thereof, which can indicate delayed reaction times. They may also check social media activity around the time of the crash.

Working with Accident Reconstruction Experts

Your lawyer may bring in accident reconstruction experts to analyze the crash. These specialists use advanced techniques to recreate the accident scene.

They examine:

  • Vehicle positions
  • Speed and trajectory
  • Road conditions
  • Weather factors

The experts can create detailed diagrams or 3D models to show how the accident happened. This visual evidence can be very powerful in court or during settlement negotiations.

Strengthening the Case with Witness Testimonies and Reports

Eyewitness accounts are crucial in proving distracted driving. Your lawyer will interview witnesses and obtain their statements, which can provide details about the driver’s behavior before and during the crash.

Witness testimonies may describe:

  • The driver is looking down at their phone
  • Erratic driving patterns
  • Sudden changes in speed or direction

Your lawyer will also gather expert reports from doctors and financial advisors. These reports help show the full impact of your injuries and losses.

If you’re ready to get started, call us now!

Why Delaying Legal Action Could Hurt Your Case

In New Brunswick, you have two years from the date of the accident to file a personal injury lawsuit. This time limit is strict. If you miss it, you may lose your right to seek compensation forever.

There are some exceptions to this rule. For example, if you were a minor during the accident, the clock might not start ticking until you turn 19.

It’s important to start the legal process well before this deadline. Building a strong case takes time, and your lawyer needs enough time to gather evidence and negotiate with insurance companies.

How Delays Lead to Lost Evidence

The longer you wait to take legal action, the harder it becomes to gather crucial evidence. Witnesses’ memories fade over time. Physical evidence at the accident scene may disappear.

Important documents like police reports and medical records can become harder to obtain as time passes. Without this evidence, proving the other driver was distracted becomes more challenging.

Your recollection of events may also become less clear. This can make it harder to give a detailed account of what happened, weakening your case.

The Financial Impact of Delayed Legal Action

Waiting to seek legal help can cost you money. Medical bills and lost wages can pile up quickly after an accident. The sooner you start your claim, the sooner you might receive compensation to cover these expenses.

Insurance companies often offer quick settlements. These may seem tempting but are usually lower than what you deserve. A lawyer can help you avoid accepting an unfair offer too soon.

Delays can also affect your ability to get proper medical treatment. If you’re waiting on compensation to pay for care, your injuries might worsen, leading to higher medical costs in the long run.

How Jack Haller Can Help You Get the Compensation You Deserve

Jack Haller has been practicing law in Moncton since 2004. With over two decades of experience, he has handled numerous distracted driving cases. 

His deep understanding of New Brunswick’s legal system gives you an edge in negotiations and court proceedings.

Mr. Haller stays current with the latest personal injury claims laws, regulations, and damage awards, which allows him to build strong cases for his clients.

He has often appeared in the Court of King’s Bench of New Brunswick, and his courtroom experience is valuable if your case goes to trial. He has also attended several mediations.

Personalized Legal Representation

When you work with Jack Haller, you get personalized attention. He takes time to understand your unique situation and needs.

Mr. Haller will:

  • Gather evidence to support your claim
  • Handle all communications with insurance companies
  • Calculate the full extent of your damages
  • Negotiate for a fair settlement on your behalf

If needed, he will take your case to court. Jack’s goal is to help you resolve your legal issues, whether through settlement or litigation.

If you’ve been injured in a distracted driving accident, don’t face it alone. Contact Jack Haller at Haller Law today. With years of experience in personal injury law, Jack will fight for your right to fair compensation and help you rebuild after the crash. Schedule your free consultation now. (506) 204-1203 / jack@hallerlaw.ca

Contact Us Today For An Appointment

    Frequently Asked Questions

    What steps should I take immediately following a distracted driving incident in New Brunswick?

    After a distracted driving incident, your safety comes first. Call 911 if anyone is hurt, and get medical care even for minor injuries.

    Take photos of the accident scene and damage. Get contact info from witnesses. Write down what happened while it’s fresh in your mind.

    Report the accident to the police and your insurance company. Don’t admit fault or discuss details with the other driver.

    How does a personal injury lawyer add value to a distracted driving case?

    A personal injury lawyer knows the ins and outs of distracted driving laws. They can gather evidence and build a strong case on your behalf.

    Your lawyer will handle talks with insurance companies. This takes stress off you and helps avoid mistakes that could hurt your claim.

    They can also figure out the full extent of your losses. This includes future medical costs and lost income you might not think of.

    What time limits apply to filing a personal injury claim after a distracted driving accident?

    In New Brunswick, you generally have two years from the accident date to file a lawsuit. This is called the statute of limitations.

    In some cases, the clock might start later. For example, if you didn’t notice an injury right away.

    Don’t wait until the last minute. Building a strong case takes time. Talk to a lawyer as soon as you can after the accident.

    What types of compensation can be pursued in cases of injury from distracted driving?

    You can seek money for current and future medical bills, including hospital stays, surgeries, and rehab.

    Lost wages and reduced earning capacity are also covered. You can claim these losses if you can’t work or have to change jobs.

    Pain and suffering damages may be available. These cover physical pain and emotional distress from the accident.

    Property damage, like car repairs, is another type of compensation. You might also get money for home modifications if you’re disabled.

    How can evidence of distracted driving be demonstrated in a personal injury lawsuit?

    Cell phone records can show if the driver was texting or calling. Police reports often note if distraction was a factor.

    Witness statements are valuable. Other drivers or passengers might have seen the person driving distracted.

    Video from traffic cameras or nearby businesses can capture the accident, which might show that the driver was not paying attention.

    An accident reconstruction expert can analyze the crash. They might find evidence that points to distracted driving.

    What role does comparative negligence play in a New Brunswick distracted driving case?

    Comparative negligence means fault can be shared. If you’re partly at fault, your compensation might be reduced.

    For example, if you’re 20% at fault, you’d get 80% of the damages. The court decides these percentages based on the evidence.

    Don’t admit fault even if you think you’re partly to blame. Let your lawyer handle these discussions. They can work to minimize your share of responsibility.