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Distracted Driving Victim Inspires Call for Legal Action and Awareness

Topic: Legal ServicesPublished June 6, 2012

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In the age of cell phones and new technology, getting directions and staying in touch while traveling has become second nature for many drivers. But, according to New Jersey injury attorneys, distracted driving is a leading cause of traffic accidents, and its consequences are far-reaching and often heartbreaking, as the Donato family knows all too well.

One year ago, Toni Donato and her unborn son Ryan were killed on the way home from a doctor’s appointment. 21-year-old Daniel Pereira had been checking his cell phone for directions when he drifted into the next lane and collided with Donato’s car. The tragedy left Donato’s close-knit family and friends reeling, and prompted a demand for awareness about the dangers of distracted driving and its tragic aftermath.

Donato’s sister, Angela, spearheaded a campaign to fight distracted driving and support legal prosecution of the drivers who cause these accidents. She speaks at local schools, warning teens about texting and driving and riding with large groups of friends. Her personal angle brings the message a whole new life—and a heavy-hitting example that emphasizes the lasting damage caused by car accidents.

New Jersey injury attorneys have yet to prosecute Daniel Pereira in a criminal court, and the Donato investigation is still underway. The Donato family has fought to have Toni’s case brought to the Attorney General, but even that motion has yielded no legal action. According to New Jersey law, distracted driving is prosecuted as careless driving rather than the more strictly punished reckless driving. Careless drivers in New Jersey receive traffic citations instead of jail time The difference in the two terms makes it hard for NJ injury attorneys to prosecute cases like the Donatos, because careless drivers are not convicted of vehicular homicide.

While the New Jersey laws are frustrating to those who have lost loved ones in distracted driving accidents, Angela Donato’s campaign is raising awareness all over New Jersey in her sister’s memory. She has teamed up with other grieving families to promote the Kulesh, Kubert, and Bolis Law, named in memory of three other victims of distracted drivers. This bill, which is making significant headway in the New Jersey courts, would make it easier for New Jersey injury attorneys to prosecute distracted drivers and protect other motorists.

One year after Toni and her son’s tragic accident, the Donatos are working to make sure that distracted driving is eradicated on New Jersey roads, and hoping that their tragedy can bring about a greater good, so that no other family will need to share their pain.

The New Jersey criminal attorneys at Helmer, Paul, Conley and Kasselman, PA, work hard to provide the best representation possible. If you have been charged with distracted driving or a DUI, contact Helmer, Paul, Conley and Kasselman, PA, for a free, no-strings-attached consultation.

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