NY / NJ Car Accident Lawyer Supports New Jersey’s Tough New Distracted Driving Law

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Attorney Joseph A. Ginarte of Ginarte O’Dwyer Gonzalez Gallardo & Winograd, LLP, says a law allowing the manslaughter prosecution of drivers using cell phones at the time of fatal car accidents will act to deter reckless driving.

Newark personal injury lawyers, New Jersey car accident attorneys, distracted driving, texting while driving, talking on a cell phone while driving

New York / New Jersey personal injury lawyer Joseph A. Ginarte

Driving while distracted by an electronic device, such as while talking on a cell phone, is an affirmative act of recklessness.

New York / New Jersey car accident lawyer Joseph A. Ginarte today gave his support to a New Jersey law signed by Lt. Gov. Kim Guadagno this week that adopts stiffer penalties for distracted driving, including allowing manslaughter charges to be brought in fatal car accidents caused by using a cell phone behind the wheel.

“Drivers’ use of cell phones has been shown too many times to be a factor behind fatal car accidents,” said Ginarte, founder of the New York / New Jersey personal injury firm of Ginarte O’Dwyer Gonzalez Gallardo & Winograd, LLP.

“We support this legislative effort to impose properly tough penalties on drivers who would act so recklessly, and we support the enactment of the Kulesh, Kubert and Bolis’ Law.”

The New York / New Jersey car accident lawyers of the Ginarte law firm help those injured in motor vehicle accidents to obtain compensation for their losses through personal injury and wrongful death lawsuits. Text messaging and cell phone use are common forms of distracted driving and have become a major safety threat, Ginarte said.

The New Jersey distracted driving law, named after three victims of distracted driving accidents, allows prosecutors to charge drivers with assault or vehicular manslaughter if they can be shown to have been using a cell phone at the time of an accident. The bill was approved at the end of June and signed into law on July 18.

Prior to the law, those caught texting or talking on a cell phone without a hands-free device in a car wreck faced a maximum of 18 months’ incarceration regardless of the severity of the accident. Vehicular manslaughter is punishable by up to 10 years in prison.

“Driving while distracted by an electronic device, such as while talking on a cell phone, is an affirmative act of recklessness,” Ginarte said. “Those who engage in reckless driving and cause accidents that kill or injure others should face appropriately severe punishment, such as this new law would apply.

“Our hope at Ginarte law is that New Jersey’s stricter law will deter drivers from using cell phones behind the wheel and reduce the state’s distracted driving-related accidents, injuries and deaths.”

Ginarte said his law firm will continue to stand up for the rights of individuals injured by other drivers’ carelessness and recklessness.

“In additional to criminal penalties for distracted drivers who cause injury or wrongful death, civil law provides that those who have been unjustly harmed should be made whole financially,” he said. “We support that principle, and will continue to support New Jersey and New York residents who need our assistance to achieve that goal.”

About Ginarte O’Dwyer Gonzalez Gallardo & Winograd, LLP

For more than 30 years, Ginarte O’Dwyer Gonzalez Gallardo & Winograd, LLP, has served the residents of the New Jersey and New York metro area. In addition to its general practice, the firm assists clients with legal claims arising from car accidents, truck accidents, motorcycle accidents, construction accidents, medical malpractice and other personal injury cases. The firm also represents clients in employment discrimination, Social Security Disability and workers’ compensation matters. The Ginarte law firm features a team of 25 lawyers and 85 staff members and offices located in New York City, Newark, Elizabeth, Clifton, Union City and Perth Amboy. The firm can assist Spanish-speaking and Portugese-speaking clients. The firm is located at 400 Market Street, Newark, NJ 07105 (local phone (973) 854-8400). To learn more, call 1-888-GINARTE or use the firm’s online contact form.

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