Can You Sue a Distracted Driver for a Car Accident in California?
Distracted driving is a growing concern on California roads, contributing to numerous yearly accidents. Understanding the nuances of distracted driving and the legal recourse available to victims is essential for anyone involved in such incidents. A skilled lawyer can help you get the justice you deserve for your distracted driving accident.
This blog will cover what distracted driving entails, what to do if you’ve been involved in an accident with a distracted driver, and how a personal injury lawyer can assist you.
What is Distracted Driving?
Distracted driving encompasses any activity that shifts attention away from driving, including activities like:
- Talking or texting on your phone
- Eating and drinking
- Talking to people in your vehicle
- Adjusting the stereo, entertainment, or navigation system
It poses a significant danger and is a leading cause of car accidents in California.
Types of Distracted Driving
Distracted driving can be categorized into three main types:
Visual Distractions
These occur when a driver takes their eyes off the road. Examples include reading a text message, looking at a GPS device, or glancing at a roadside accident.
Manual Distractions
These happen when a driver takes their hands off the wheel. Common activities include eating, adjusting the radio, or reaching for an object.
Cognitive Distractions
These distractions occur when a driver’s mind is not focused on driving. This can include daydreaming, talking to passengers, or being preoccupied with personal problems.
Distracted Driving Statistics
Distracted driving is a significant issue with concerning statistics. In 2020 alone, distracted driving claimed 3,142 lives in the United States, according to the National Highway Traffic Safety Administration (NHTSA).
In California, the Office of Traffic Safety (OTS) reported that nearly 10% of all drivers were observed using mobile devices while driving in 2019.
Distracted Driving Laws in California
California has strict laws to combat distracted driving. The primary laws include:
Handheld Device Use
Under California Vehicle Code Section 23123, using a handheld cell phone while driving is illegal. This law aims to minimize visual and manual distractions.
Texting While Driving
California Vehicle Code Section 23123.5 prohibits drivers from writing, sending, or reading text-based communications while driving, including emails and messages.
Use of Hands-Free Devices
Drivers over 18 are allowed to use hands-free devices, but the device must be mounted on the windshield, dashboard, or center console.
Penalties for Distracted Driving
Violating distracted driving laws can result in fines ranging from $20 to $50 for the first offense and higher for subsequent offenses.
Additionally, violations add points to the driver’s record, which can lead to increased insurance rates and potential license suspension.
What Damages Can You Seek in a Distracted Driving Accident Case?
If you are involved in a car accident in California caused by a distracted driver, you may be entitled to several types of damages, including:
Compensatory Damages
These are intended to compensate the victim for losses incurred due to the accident.
Medical Expenses
You can claim the cost of medical treatment, including hospital stays, surgeries, medication, and rehabilitation.
Lost Wages
If the accident causes you to miss work, you can seek compensation for lost wages during your recovery period.
Property Damage
This includes the cost of repairing or replacing your vehicle and any other personal property damaged in the accident.
Pain and Suffering
Compensation for physical pain and emotional distress resulting from the accident and its aftermath.
Punitive Damages
In cases where the negligent driver’s behavior was particularly egregious, the court may award punitive damages to punish the driver and deter similar behavior.
How to Sue a Distracted Driver
Suing an inattentive driver involves several steps:
Gather Evidence
Collect evidence at the scene, including photos, witness statements, and police reports.
Document Injuries and Damages
Keep detailed records of your medical treatments, expenses, and any correspondence related to the accident.
Hire a Personal Injury Lawyer
A skilled lawyer can help you navigate the legal process, gather evidence, and build a strong case. They will negotiate with insurance companies on your behalf and represent you in court if necessary.
How a Personal Injury Lawyer Can Help
When dealing with the aftermath of a distracted driving accident, navigating the legal complexities on your own can be overwhelming. A personal injury lawyer can provide crucial assistance and ensure your rights are protected. Here’s how:
Expertise and Experience
A personal injury lawyer have the expertise and experience to handle distracted driving cases effectively. They understand the nuances of California traffic laws and can provide invaluable guidance.
Investigating the Accident
An attorney will conduct a thorough investigation to gather evidence, interview witnesses, and consult with experts to build a strong case.
Negotiating Settlements
Insurance companies often try to minimize payouts. A lawyer can negotiate on your behalf to ensure you receive fair compensation.
Representing You in Court
If a fair settlement cannot be reached, your distracted driving lawyer will represent you in court, presenting a compelling case to seek maximum compensation.
Legal Support and Guidance
Throughout the process, your attorney will provide ongoing support and guidance, answer your questions, and keep you informed.
Common Questions About Distracted Driving Lawsuits
Can I Sue if the Careless Driver Was Not Cited?
Yes, you can still file a lawsuit even if the distracted driver was not cited. The absence of a citation does not negate the driver’s liability if their distraction caused the accident.
How Long Do I Have to File a Lawsuit?
In California, the statute of limitations for personal injury cases is generally two years from the accident date. It is crucial to act promptly to avoid missing this deadline.
What if I Was Partially at Fault?
California follows a comparative negligence rule, which means you can still recover damages even if you were partially at fault. However, your compensation will be reduced by the percentage of your fault.
What Evidence Is Crucial in a Distracted Driving Case?
Key evidence includes police reports, witness statements, photos and videos from the scene, medical records, and any proof of the driver’s distraction, such as phone or surveillance footage.
Legislative Efforts Against Distracted Driving
Efforts to combat distracted driving involve a combination of stricter laws, public awareness campaigns, and technological advancements. These initiatives aim to reduce the incidence of distracted driving and enhance road safety.
Enhanced Penalties
Advocacy for stricter penalties for distracted driving can serve as a deterrent. Higher fines and increased points on driving records can discourage drivers from engaging in distracting behaviors.
Public Awareness Campaigns
Government and non-profit organizations often run campaigns to raise awareness about the dangers of distracted driving. Participating in and supporting these campaigns can help spread the message.
Technological Solutions
Investing in technology that reduces distractions, such as apps that block incoming texts or calls while driving, can be beneficial. Automakers are also developing advanced safety features to prevent accidents caused by distractions.
The Best Car Accident Lawyers in California
If you’ve been involved in an accident with a distracted driver, Adamson Ahdoot can assist you with your case.
Adamson Ahdoot is a full-service civil litigation firm with over 100 years of combined legal experience. We provide the personal attention of a boutique firm combined with the expertise of a larger one, ensuring your case is handled with the utmost care and detail.
Our compassionate attorneys will support and guide you during this difficult time, helping you determine the best approach for your unique situation. Our goal is to increase your chances of winning fair compensation, allowing you to focus on healing while we advocate for your rights.
Call us at (800) 310-1606 for a free consultation and start building a robust claim today.
Client-First Approach
Above all else, our clients come first. We go above and beyond to obtain the highest level of compensation possible.
Meet Our AttorneysMulti-Focus Law Firm
Adamson Ahdoot has successfully executed a plethora of personal injury cases.
Cases We HandleGet in touch with our firm
Our team can better advise you on your legal options once we receive any available evidence about the incident.
Take Action Now