California Distracted Driving Accident Attorneys

Understanding Distracted Driving: The Dangers and Consequences

Distracted driving is any activity that takes your attention away from the road. This can include:

• Talking on the phone
• Texting
• Using a GPS
• Eating
• Putting on makeup
• Reading
• Watching a video
• Adjusting the stereo
• Using a cell phone or smartphone
• Using a laptop or tablet

Anything that takes your eyes off the road, hands off the wheel, or mind off the task of driving is dangerous and can cause an accident.

The most common and dangerous cause of distracted driving is texting and driving. When you send a text message, you take your eyes off the road for at least 5 seconds. At 55 mph, this is equivalent to driving the length of an entire football field with your eyes closed. Even if you only glance at your phone for a few seconds, you can still cause a serious accident.

Here are the three main types of distractions:

• Visual distractions take your eyes off the road, such as looking at your phone or reaching for something in the back seat.
• Manual distractions take your hands off the wheel, such as eating, drinking, or using a GPS.
• Cognitive distractions take your mind off the task of driving, such as talking on the phone or daydreaming.

California Laws on Distracted Driving

California has several laws in place to help prevent distracted driving. It is illegal to use a handheld cell phone while driving. You can only use a cell phone if you are using the speakerphone, a single earpiece, or a hands-free device. You are also allowed to use your cell phone if you are making an emergency call to a law enforcement agency, a health care provider, the fire department, or other emergency services. Drivers under the age of 18 are not allowed to use a cell phone for any reason, even with a hands-free device.

It is also illegal to write, send, or read a text message while driving. This applies to all drivers, regardless of age. If you are caught using a cell phone while driving, you will be fined. If you cause an accident while using a cell phone, you will face additional penalties and be held responsible for any injuries or damages.

Can You File a Lawsuit for Distracted Driving?

If you were injured by a distracted driver, you may be able to file a personal injury lawsuit. To have a successful claim, you must be able to prove that the other driver was negligent and that their negligence caused your injuries. You must also be able to show that you suffered damages as a result of the accident. If you can prove these elements, you may be able to recover compensation for your medical expenses, lost wages, pain and suffering, and more.

Even if you are partially at fault for the accident, you may still be able to recover compensation. California is a comparative negligence state, which means that you can still recover damages if you are less than 50% at fault for the accident. However, your damages will be reduced by your percentage of fault. For example, if you are found to be 10% at fault for the accident, your damages will be reduced by 10%.

If you were injured on the job by a distracted driver, you may be able to file a workers’ compensation claim. Workers’ compensation is a type of insurance that provides benefits to employees who are injured on the job. In order to have a successful claim, you must be able to prove that you were acting within the scope of your employment at the time of the accident. This means that you were performing a work-related task, even if you were not at your workplace.

You do not need to prove that your employer was negligent in order to recover workers’ compensation benefits. You will be eligible for benefits regardless of who was at fault for the accident. Workers’ compensation benefits can provide compensation for your medical expenses, a portion of your lost wages, temporary or permanent disability, and more.

How Can an Attorney Help Me?

If you were injured in a distracted driving accident, an attorney can help you understand your legal options and guide you through the claims process. An attorney can help you gather the necessary evidence to prove that the other driver was negligent and that their negligence caused your injuries. They can also help you calculate the full extent of your damages and negotiate with the insurance company on your behalf.

If you were injured on the job by a distracted driver, an attorney can help you file a workers’ compensation claim. They can help you gather the necessary evidence to prove that you were acting within the scope of your employment at the time of the accident. They can also help you calculate the full extent of your damages and ensure that you receive the benefits you are entitled to.