Distracted Driving Accident Lawyer
While distracted driving is a serious traffic offense, it also applies to civil cases. Distracting driving can result in severe or fatal crashes, if not traumatic injuries, and costly property damage.
As a Californian, you have access to the best personal injury attorneys in the state. We'll represent you during legal negotiations and in court, securing the maximum insurance settlement possible.
If your attorney can prove the other driver was distracted, you have a good chance of the court awarding you compensation for your property damage, lost income, and injuries.
A specialist distracted driving lawyer in California helps you gather proof, negotiate with insurers and recover an equitable settlement for your accident.
California Distracted Driving Accident Lawyers
Any action distracting the driver's attention from the road can result in a serious accident. Even though most people are aware distracted driving is dangerous, many still use their mobile devices on the way to their destination. As a result, drivers may fail to notice pedestrians on crosswalks, sideswipe other vehicles, or crash into cars from the opposing direction.
Unfortunately, distracted driving accident victims suffer tremendous losses after incurring injuries from this type of accident. Distracted driving can result in wrongful death, in which case, family members can file for an insurance claim due to the victim's death.
Car accident survivors may have their life, but they could end up with huge financial pressures in the wake of the accident.
- Expensive medical treatment and bills
- The necessity of healthcare follow-ups
- Lost income due to a lengthy recovery
- Damaged property
- Permanent disability and disfigurement
- Severe injuries that restrict your body functions
- Loss of future earning potential
- Pain and suffering
- A lower quality of life
- Rehabilitation costs
A personal injury attorney from our law firm helps you pursue justice and achieve a financial settlement compensating you for these losses. We have decades of experience in handling cases involving distracted driving accidents. Reach out for a free consultation, and we'll discuss the merits of your case.
We aim to protect the legal rights of victims of distracted drivers. We'll file a lawsuit on your behalf and recover a settlement from the driver's insurer. We're ready to build a rock-solid case surrounding your accident.
Our team has your interests in mind when insurers attempt to divert liability or delay payment of your settlement. So, if you're looking for justice, fill out our contact form for a free case evaluation. Contact us for a complimentary consultation with a top-rated California distracted driving accident lawyer.
How Can a Distracted Driving Accident Lawyer Help?
Many distracted drivers (and motorcyclists) use their cell phones to call, text, navigate maps and access the Internet – while driving. The causes of distracted driving accidents are not easily identified, meaning a victim must take certain measures to prove liability and receive a favorable verdict and settlement for their case.
Distracted driving accident lawyers can present a strong case in court with sufficient proof. In California, driving distracted is a major cause of car accidents. Therefore, if a driver hits you and your car or bicycle for whatever reason, they have a legal responsibility to pay for your damages. Your lawyer must prove the other party is responsible for the accident and navigate the process of your personal injury claim.
Your lawyer reviews footage from traffic cameras, gas stations, private property, and highway surveillance to prove liability in a distracted driving case. A distracted driving accident lawyer takes all the required steps to secure a fair settlement and correct compensation. Personal injury attorneys can advise you, meet with witnesses, attend civil court hearings, and represent victims in legal negotiations. While you heal from your injuries, your lawyer will work towards the best possible settlement for your personal injury claims.
Proving Fault for a Distracted Driving Accident
A distracted driving lawyer can prove the defendant's lack of attention on the road in many ways. They could be on their cell phone, talking to a passenger behind them, or engaged in careless driving. Our expert team of specialist attorneys will gather proof showing the driver was distracted. Evidence of driver distraction gets you closer to receiving justice for your accident.
**It's crucial to hire a distracted driving attorney immediately after your accident. A distracted driving attorney has the right to subpoena the driver's cell phone records to prove they were using their phone during the accident.
The Details in the Police Report
If you suffered serious injuries from a distracted driving accident, the police arrive at the scene and file a report. The negligent driver may admit to driving while distracted, hitting you or your vehicle due to their lack of attention. If a police officer notes the driver's inattention, it strengthens your case in court.
However, a police report is not the only means to hold distracted drivers accountable for their actions. It certainly helps, but a skilled lawyer will obtain witness statements, dashcam recordings, and photographic evidence from other resources.
The bottom line is that if negligence was a factor in the car accident, the driver could be cited for a traffic rule violation. It is likely to come up in the police report and accounts of your injuries and property damages. This information is useful when police officers take witness statements at the accident scene.
Reviewing the Distracted Driver's Phone Records
How can I prove that the person responsible for my accident was texting while driving? Our distracted driving accident lawyers often get this question. While the at-fault driver may try to delete a call or text message from their call history, we can subpoena their cellphone provider. A distracted driving accident lawyer can substantiate liability by looking at the driver's cell phone records.
A subpoena is a legal order allowing an attorney to collect evidence for a legal case. Even a driver's dashcam footage may be subpoenaed. Whenever the fault in a car accident is unclear, call records and CCTV footage can be subject to a subpoena. In that case, the negligent party has no choice but to provide distracted driving attorneys with the evidence the attorneys require.
Contacting Witnesses to the Car Accident
Often, either driver won't have a dashboard camera, and no CCTV footage confirms a distracted driving car accident occurred. In these cases, your attorney will review witness statements from the accident scene. Police officers and eyewitnesses can explain the events leading to the accident.
Looking at CCTV and Dashcam Footage
A dashboard camera or dashcam can record the view in front of a vehicle. The cameras may videotape the impact, time of the crash, the rear-view mirror, and the nearby surrounding area, like a parking spot. On average, a 1080p dashcam records up to four hours before it loops over the old footage.
In a distracted driving car accident case, the dashcam footage of a party can be used against them in court. A trial attorney can retrieve the footage and see whether the accident happened after a serious manual or visual distraction on their part.
Since most dashcams record the vehicle's front view, it's worth installing one on your dashboard early on to save valuable time in a personal injury lawsuit. If neither party has a dashcam and a huge settlement is at stake, we'll look for security cameras in the vicinity of the accident. These cameras may have recorded the moment when the accident happened.
Negotiating with Insurance Companies
If you're injured because of someone else's distracted driving, you shouldn't be the one to pay for the financial costs of your treatment, recovery, rehabilitation, and lost income. Our professional legal team approaches each distracted driving case with three goals. First, we establish the liability of the distracted driver. Then, we sit down with the at-fault driver's insurance company.
Maximizing the return on your personal injury case is not where we stop. We ensure we keep in touch with both parties, so you receive your payouts as quickly as possible. We have professional healthcare, road, and traffic rule experts on our team who weigh in on each case with valuable input. Additionally, we calculate your current and upcoming medical expenses and support our demands with accurate figures during the negotiation process.
Securing Compensation Through Settlement or Trial
At our law firm, we represent victims of car accidents caused by distracted driving. It's one of our specialist practice areas. Wherever possible, we'll work to recover a favorable settlement and the compensation you deserve, depending on the merits of your case.
Distracted drivers may hit pedestrians, parked vehicles, or cars coming from the opposite direction. In any case, driving while distracted is a serious traffic offense. Therefore, the injured victim has the right to file against the at-fault driver and claim from their insurer.
To win a distracted driving car accident claim, you need a well-versed lawyer in these cases. Sometimes, the distracted driver is uninsured or underinsured. If you have underinsured motorist coverage, contact our team. You can ensure that your remaining financial losses will not go uncompensated even though the driver's insurance limit is reached.
If a driver's distraction is the cause of a fatal crash or accident, California law allows one to move forward with a personal injury claim. If the driver is uninsured, you can file a personal injury lawsuit as the victim of a distracted driving accident. The court-awarded settlement should compensate for your damages.
However, if the distracted driver is contracted under a ride-share company, the ride-share company may be responsible for the accident. A well-versed distracted driving attorney will know what legal recourse results in the maximum settlement value. Reach out for a free case evaluation.
Causes of Distracted Driving Accidents: Do You Have a Claim?
The causes of distracted driving accidents include cognitive, visual, and manual distractions. Before we explain what they are, remember that any distraction can result in devastating car accidents.
Therefore, it's essential to identify the cause of the accident so you can hold the distracted driver accountable for their actions.
Cognitive Distractions
A cognitive distraction is when you take your mind off driving or hitting the car or pedestrian in front of you (or nearby). The primary laws regarding cognitive distractions are strict, and you can get pulled over if officers see you driving distracted.
Visual Distractions
These distractions take the driver's eyes away from the road. An example is viewing a message on their phone while driving. If the driver was distracted by a screen, your lawyer would base your personal injury case on distracted driving.
Manual Distractions
This distraction results in the driver taking their hands off the steering wheel, gear shift lever, or clutch. These distractions occur while taking phone calls, sending text messages, restraining an unleashed pet, and other examples.
A few examples of the distractions mentioned above may include:
• Cellphone use, such as reading and sending messages and emails or browsing the Internet
• Changing the car radio station or navigating an infotainment system
• Looking at a map or using a GPS device
• Eating or drinking
• Personal grooming
• Talking to passengers
• Reading billboards and street signs
• Handling unrestrained pets in the car
• Reaching for sunglasses, money, or purse
• Reading books or newspapers
Distracted Driving Accident Statistics California
Distracted driving statistics reports show an increasing trend of distracted driving accidents in California and the US. According to National Highway Traffic Safety Authority (NHTSA), approximately 3,000 Americans are the victims of fatal distracted driving accidents every year. An additional 40,000 people face severe injuries resulting from these accidents.
Surprisingly, 40% of Californians admit to reading texts while driving. Texting can cause a similar degree of driver impairment as a person with 0.08% blood alcohol content – the legal limit for Californian drivers. The California Office of Traffic Safety states drivers who text, reach for their phones, or dial numbers are 3X more likely to involve themselves in a distracted driving accident.
A CDC survey shows that 39% of high school drivers in California admit to sending a text message at least once a month while driving. However, driver negligence is not limited to the young generation. A survey by AT&T shows that 98% of respondents were informed of the risks of distracted driving. However, a staggering 75% of the drivers admitted to texting while resting one hand on the steering wheel, regardless of the risk.
Distracted Driving Laws in California
California prohibits using mobile phones and other electronics while driving a motor vehicle. One of the main reasons behind visual and manual distraction is using a phone while driving. Cell phone use is only permitted via a hands-free device or the voice assistant feature in your vehicle to prevent car accidents and pedestrian or cyclist fatalities. For drivers under the age of 18, any usage of cell phones or similar devices is strictly prohibited while operating a motor vehicle.
The California rules permit drivers to use navigation units like a mounted GPS while driving. However, the device must offer a one-touch operation for the driver. Drivers can use the built-in dashboard infotainment system in their respective vehicles if it provides safe operation.
A citation for using a handheld device, like a cell phone, unlawfully while driving carries a fine. The penalty may increase if subsequent offenses are involved in the accident or during the traffic stop. Under certain circumstances, additional fines might be included. For example, texting while driving could result in traffic tickets exceeding $100.
In California, there are four statewide laws to combat distracted driving.
- Handheld cellphone use is banned for all drivers while driving
- Handheld and hands-free cellphone usage is banned for bus drivers
- A total ban on all sorts of cellphone usage for novice drivers (under 18)
- Texting while driving is banned for all drivers
California is one of 43 states in the US to implement a statewide ban on texting while driving for all drivers. In most cities in the US, the ticket for texting while driving is as high as $159. However, cell phones aren't the only distraction while driving. The distraction laws don't consider other devices, like GPS systems, radio stations, or eating while driving.
What If I Cannot Afford to Hire a Distracted Driving Lawyer?
Drivers are legally responsible for their safety and those around them while driving. Many victims of distracted drivers never file suit because they think they don't have the money to hire an attorney to handle the case. However, our firm operates on a model that takes our fees from your settlement. If we don't win, you don't pay.
Reach out to our offices right now and speak with our team. We'll arrange a free consultation of your case. You are not obligated to hire us to represent you in the matter. However, if we tell you we're confident we can win a settlement, we mean it. If you feel optimistic about the case and the competence of our lawyers, move forward with your personal injury lawsuit.
Consult California's Top Distracted Driving Accident Lawyer Right Now!
There are several methods for securing compensation for a distracted driving accident – an occurrence where the responsible party has civil liability.
Therefore, it's best to engage a personal injury law firm specializing in distracted driving lawsuits. We have decades of experience presenting cases in front of a jury in court. Hiring an experienced auto accident attorney is crucial for winning a court-awarded settlement.
Reach out to our distracted driving lawyers and schedule a free consultation. We're confident we can help you recover the financial settlement you deserve.