Distracted Driving Lawsuits in California
All it takes is a few seconds of turning one's eyes away from the road to alter someone's life drastically. The aftermath of such an accident can be devastating physically, emotionally, and financially. If you've been involved in a crash caused by a distracted driver, you might be grappling with overwhelming pain, mounting medical bills, and a disrupted life.
California's roads, bustling with commuters, tourists, and commercial vehicles, are especially vulnerable to distracted driving accidents—especially in southern California, where many commuters are “multi-tasking” while driving.
The prevalence of these incidents is alarming, contributing to thousands of crashes across the country each year. At Injury Justice Law Firm, our experienced team understands the risks of distracted driving accidents and the pain they can cause.
We have the expertise to compile the evidence proving distracted driving is a fault factor in the accident, ensuring you receive the compensation you and your loved ones deserve.
Distracted driving is a significant issue in Los Angeles, contributing to countless car accidents. According to the National Highway Traffic Safety Administration (NHTSA), these accidents result in over 400,000 injuries per year.
When reviewing the causes of a distracted driving accident, we must first review the different types of driving distractions.
Visual distraction, in the context of distracted driving behaviors, happens when car drivers are not looking at the road. Instead, perhaps they are texting or looking at something next to them. When this occurs, it can cause severe or fatal accidents. Therefore, visual distraction is a primary cause of distracted driving accidents and serious injuries.
A cognitive distraction means a driver's attention is only partially on the road. Perhaps they are looking for a place to eat after work. Unfortunately, driving a car is so regular that people often forget they are responsible for other people's safety.
Manual distraction occurs when drivers take their hands off the steering wheel, which is dangerous. Perhaps they were eating while driving or reaching down to pick up something they dropped. Many distracted driving accidents involve multiple types of distraction, but texting is one of the primary reasons.
In Los Angeles, healing after any car accident can be extensive. However, with the right legal support, getting the compensation you deserve is not only possible but also a step towards your recovery.
In this comprehensive guide, we'll walk you through the legal steps you need to take after a California distracted driving accident. This knowledge will empower you to take strategic, decisive action in seeking the compensation you deserve.
What Constitutes Distracted Driving?
Distracted driving is defined as any activity that diverts a driver's eyes, hands, or mind (i.e., attention) away from the task of operating a vehicle. While the use of mobile devices while driving is the first thing most people think of nowadays, there are actually many possible causes for this behavior. These include:
- Use of Mobile Devices: Cellphone use, particularly talking and texting, is one of the most cited forms of distraction. Drivers often underestimate the risks, but even a few seconds of inattention can result in catastrophic accidents.
- Adjusting the Radio or GPS: Changing music tracks or programming a navigation system can divert a driver's eyes and focus, leaving them vulnerable to missing critical road changes.
- Eating or Drinking: While driving, grabbing a quick bite or sipping a drink might seem harmless, but it takes hands off the wheel and attention off the road.
- Engaging with Passengers: Talking or turning to interact with passengers, especially children in the backseat, can lead to delayed reaction times.
- Daydreaming or Emotional Distraction: Fatigue, stress, or simply letting one's mind wander can diminish focus on the road and response to hazards.
Regardless of the specific cause, the results can be devastating. A distracted driver taking their eyes off the road for only five seconds will drive the equivalent of a football field when moving at 55 mph. That's a lot of roadway in which to cause an accident.
In one sense, defining the act of distracted driving is simple: Any action that causes a driver to take their eyes away from the road for more than a few seconds constitutes distracted driving. Further, it's important to distinguish between the different types of distraction. Our legal process is thorough, ensuring no detail is overlooked and providing you with a comprehensive understanding of your case.
As noted above, manual distractions may cause someone to take their hands off the wheel. Visual distractions may cause a person to take their eyes off the road, and cognitive distractions may cause people to ‘zone out' or take their minds away from the task of safe driving.
It only takes a few seconds for a driver to lose control of their car or ram into an unnoticed obstacle — particularly if a person is driving at high speeds while distracted. This stark reality underscores the importance of staying focused and attentive while driving.
Cell Phone Use While Driving
Because cell phone use is connected to distracted driving, California has distracted driving laws that specifically prohibit the use of electronic devices while driving.
This law states that a person should not drive while holding and using a phone unless that phone is designed for hands-free, voice-operated use:
If a person uses a phone while driving, it must be mounted on the dashboard, a specific part of the windshield, or the center console. Moreover, the person using their phone can only swipe or tap their phone screen once to deactivate or activate a feature, not take in or interact with complex information.
Drivers under 18 are prohibited from using a cell phone, even if equipped with a hands-free device. Studies have shown that drivers under 18 are statistically far more likely to get into car accidents, and cell phone use only increases the risks of distracted driving.
California law bans all forms of texting while driving except when it is completely hands-free. Texting while driving is one of the most dangerous causes of distracted driving. The state laws include the following:
- Vehicle Code 23123 VC says, “(a) A person shall not drive a motor vehicle while using a wireless telephone unless that telephone is specifically designed and configured to allow hands-free listening and talking and is used in that manner while driving.”
- Vehicle Code 23124 VC says, “(a) This section applies to people under 18 years. (b) Notwithstanding Sections 23123 and 23123.5, a person described in subdivision (a) shall not drive a motor vehicle while using a wireless telephone or an electronic wireless communications device, even if equipped with a hands-free device.”
- Vehicle Code 23135.5 VC says, “(a) A person shall not drive a motor vehicle while holding and operating a handheld wireless telephone or an electronic wireless communications device unless the wireless telephone or electronic wireless communications device is specifically designed and configured to allow voice-operated and hands-free operation, and it is used in that manner while driving.”
People caught driving distracted in California will owe a fine and accrue points on their driving record. They may also need to attend traffic school to remove that point from their record. In some Californian counties, the fines may be extremely steep. If a person is caught engaging in distracted driving multiple times, their fines and penalties will escalate.
If that person causes an accident because they were driving while distracted, they may be the subject of a lawsuit. Depending on the case details, the person who engaged in distracted driving may owe the victim a settlement.
What Are Common Injuries Caused by Distracted Driving Accidents?
Distracted driving accidents frequently result in severe injuries due to delayed driver reactions and high-speed impacts. Victims often suffer from a wide range of injuries, including, but not limited to:
- Whiplash and Neck Injuries: Rear-end collisions, often caused by inattentive drivers, can lead to whiplash, with victims experiencing chronic pain and limited mobility.
- Fractures and Broken Bones: The force of a collision may cause shattered bones, which can limit a victim's ability to work or perform everyday activities.
- Traumatic Brain Injuries (TBI): Head injuries, from concussions to severe TBIs, are unfortunately common in distracted driving accidents. These injuries often have long-term effects, including memory loss, cognitive challenges, and emotional struggles.
- Spinal Cord Injuries: Damage to the spinal cord can lead to partial or complete paralysis, fundamentally altering a victim's quality of life.
- Internal Injuries: Blunt force trauma from an accident can cause organ damage or internal bleeding, requiring immediate and extensive medical care.
What Damages Can an Accident Victim Claim?
The associated settlement can be quite steep depending on the type of injuries sustained by a distracted driving crash victim. The legal claims involved in a distracted driving accident may include the following:
- All associated medical bills,
- Rehabilitation and physical therapy,
- Emotional distress,
- Pain and suffering,
- Lost wages,
- Loss of future wages,
- Wrongful death.
The responsibility for these fees and the settlement is proving liability or fault in the distracted driving case.
Proving Distracted Driving
Proving that a driver was distracted is often a key factor in proving fault—but doing so is easier said than done.
While distracted driving accounts for as many as 8 percent of all traffic fatalities, many believe those numbers to be understated because distracted driving can be difficult to prove or document in police reports since most drivers won't admit they were distracted.
For this reason, a skilled personal injury attorney will utilize a variety of strategies, besides police reports or insurance investigations, to gather forensic evidence and build a compelling case to prove driver distraction. Some key methods include:
- Phone Records: Attorneys often subpoena the at-fault driver's cellphone records to determine whether they were texting, calling, or browsing at the time of the crash.
- Police reports: These might detail potential cell phone use by the responsible driver and include photographs from the scene of the accident.
- Eyewitness Accounts: Statements from people who saw the accident can provide valuable context, such as observing the other driver holding a phone or engaging in distracting behaviors.
- Traffic Camera Footage: Footage from nearby security or traffic cameras can reveal whether the driver was visibly distracted or failed to respond appropriately to roadway conditions.
- Vehicle Data: Many modern vehicles record data on speeding or abrupt braking, which can help establish whether inattention plays a role.
To help you work towards fair compensation, our Los Angeles car accident attorneys will help you find and analyze evidence that could indicate that the responsible driver was distracted.
What Should You Do After an Accident?
If you are involved in a distracted driver accident in California, call 911 and get medical help. Your health and the health of others are a top priority at the moment.
It would be best to take pictures of the accident scene and your injuries. You can use your cell phone to take photos of your motor vehicle damage, the scene around you, and possible injuries.
Try to obtain the contact information of all eyewitnesses, as it could be a helpful resource for your car accident lawyer. In addition, you should request a copy of the police reports because these documents are essential for determining fault or negligence in your case.
Keep all documentation of your medical expenses from your insurance company, as they will be considered in your injury case. Ask for another driver's insurance card and contact information, as you will need this.
Next, you can contact our law firm for a free consultation to review the case details. We can thoroughly examine your auto accident circumstances to find evidence supporting your car accident claim.
We can negotiate a full and fair settlement deal with the insurance company or fight for you in court if they are unwilling to negotiate. You can contact us by phone or using the contact form. Injury Justice Law Firm is located in Los Angeles, California.
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