You may be wondering if you may sue an at-fault motorist for damages if you were hurt in a car crash that occurred because they were smoking. The short answer is yes. The act of smoking while behind the wheel constitutes distracted driving because it re-routes the driver's attention from the road. When an accident happens because of a driver's negligence, that motorist is liable for the damages and medical bills of the injured party.
However, every case is unique. It's important to talk to an experienced New Jersey car accident lawyer who can assess your case and advise you about your options before submitting a claim.
The team at Brandon J. Broderick, Attorney at Law, has decades of combined experience to help clients and bring favorable outcomes. Contact us today for a free consultation.
Why Smoking and Driving is Dangerous
Smoking while behind the wheel of a motor vehicle poses numerous risks. If someone is trying to light a cigarette while driving, for instance, they might not be able to see the road properly, even if for only an instant.
Additionally, it is extremely difficult for a smoker to safely operate a motor vehicle with both hands on the wheel. This is because it takes one hand to hold a cigarette while driving. The primary risk of smoking while driving is the distraction it causes, including visual, manual and cognitive distractions.
Filing a Legal Claim Against a Smoking Driving in NJ
You can file a lawsuit against a negligent driver who struck you while smoking since it is considered negligence if they cause an accident.
Your potential compensation after submitting a claim is subject to the details of the accident and situation. You may be able to collect damages for monetary losses like medical expenses and lost wages, as well as additional damages to account for your mental and emotional distress. The details will dictate what damages you are entitled to.
Finally, it is important to remember that if you are found to be at-fault partially, any compensation you receive from the driver who hit you while they were smoking will be reduced by your percentage of fault.
What Do Studies Reveal About the Connection Between Smoking and Car Accidents?
Recent studies have found a correlation between cigarette smoking and an increased likelihood of car accidents. Indeed, one study released by the National Institute of Health found that cigarette smoking significantly increased the risk to road safety, even more so than using a cell phone. The survey found that drivers who smoked cigarettes spent an average of 12 seconds distracted behind the wheel, while those who texted spent an average of 10.6 seconds. The longer a driver is distracted, the greater the risk of an accident.
Need Legal Advice? Call Our NJ Car Accident Lawyers Today!
The NJ car accident lawyers of Brandon J. Broderick are here to help if you were injured because of a driver who was smoking. Our team has spent their careers advocating for clients just like you. Working with us will ensure that the driver who caused the accident is held responsible and you get the damages you are entitled to.
Call us today to set up a consultation, free of charge.