There are numerous causes of automobile accidents, but in recent years, none has been as prevalent as distracted driving. Drivers have always been tempted to take their eyes off the road. In recent years, however, technology has made unprecedented inroads into our vehicles. Drivers must be more vigilant than ever before in maintaining their focus on the traffic ahead.
The Los Angeles distracted driving accident lawyer at Haffner Law strives to keep California’s roads safe for everyone. Drivers who are distracted must bear responsibility for the injuries and losses they cause. Learn how Haffner Law protects your legal rights and holds negligent drivers accountable for any injuries they cause through our free case review.
Why Do I Need a Distracted Driving Accident Lawyer in California?
Accidents caused by distracted driving leave victims in need of various types of care. While you recover, Haffner Law can begin working for you. You should retain the services of our skilled Los Angeles distracted driving accident lawyer for the reasons listed below.
Breaking Down Your Legal Obligations and Liability
The state of California will assign percentages of fault and liability when you are involved in an accident caused by distracted driving. When you first meet with our California distracted driving accident lawyer to discuss establishing your distracted driving case, our team will explain your role in the accident and help you understand what damages you may be liable for.
Establishing the Circumstances of Your Case
With your liability established, our team can examine the case’s specifics in greater depth. Examples include:
- Assessing any accident-related medical expenses
- Examining insurance claims filed by you and other parties involved in the collision
- Examining police reports and witness statements
- Analyzing audio and video recordings of the accident
We can assemble a picture of your case and determine what damages you may be able to claim in court by taking action.
Identifying Your Potential Recoverable Damages
Accidents resulting from distracted driving can have a significant impact on your quality of life, not to mention your daily resources. When determining your eligibility for awards, we may take the following into account:
- Expenses incurred due to the accident
- You or related parties may require future procedures to restore your original quality of life
- Physical treatment
- Psychological therapy
- Lost wages and employment opportunities
- Pain and suffering
- Wrongful death
Drivers in California must comply with automobile insurance requirements. You could file a claim for the aforementioned damages with the insurance company of the responsible party.
Considering Your Requirements
Our team is aware that you will need to recuperate after an accident. When you work with our competent Los Angeles distracted driving accident lawyer, we aim to alleviate your burdens rather than add to them.
What is Considered Distracted Driving?
The National Highway Traffic Safety Administration (NHTSA) classifies distractions into three categories:
Manual distractions occur whenever the driver’s hands leave the wheel. This type of driving is particularly prevalent and extremely hazardous. If you have ever driven a vehicle or even ridden in one, you have almost certainly witnessed or experienced manual distractions.
It is a form of distracted driving that occurs when drivers are not paying attention to the road. Whether they are texting or admiring the model of the car next to them, drivers who do not keep their eyes on the road can cause severe and even fatal accidents. Visual distraction is the leading cause of distracted driving accidents and severe injuries.
Cognitive distraction is the result of a driver’s attention not being fully on the road and is a leading cause of car accidents resulting in personal injury. This could include anything from wondering what you’ll eat for dinner that evening to wondering how your significant other is doing at work.
People frequently forget that every time they operate a motor vehicle, they are responsible for their own life and the lives of those around them because driving is such an integral and normalized aspect of society.
The majority of distracted driving accidents involve a combination of these things. Even simple activities, such as changing the radio station, can involve all three types of distraction and significantly increase the likelihood of causing an accident.
What Are the Most Common Examples of Distractions You Face Behind the Wheel?
Though texting and driving receive the most attention, it is not the only distraction you face when you get behind the wheel. It is essential to be aware of all possible distractions inside and outside the vehicle.
Thus, you will be able to avoid them and resist the temptation to divert your attention from the road. The following are the most prevalent distractions that drivers should be aware of.
Your smartphone integrates multiple distractions into a compact device. Texting, phone calls, emails, apps, notifications, and countless other features can distract you from the road ahead. Drivers have a legal obligation to avoid using their phones while driving. Try placing your phone out of reach to avoid the temptation to check it.
It is sometimes simple to forget how distracting passengers can be. Even a simple conversation with a passenger diverts your attention from the road. Passengers can also easily distract a driver by playing loud music, talking on their phones, laughing loudly, and engaging in numerous other activities.
Frequently, a traffic accident causes secondary accidents because drivers are distracted by the accident scene rather than the traffic ahead of them. This behavior is extremely hazardous. The law requires drivers to pay attention to their surroundings. At an accident scene, you must be extra cautious because there are numerous road hazards.
Since the invention of cars, drivers have attempted to multitask while driving. This can be extremely dangerous. Consider how many drivers you observe eating or drinking, applying makeup or shaving, or even brushing their teeth while they should be paying attention to traffic during their daily commute..
What Are the Texting and Driving Laws in California?
California is one of the few states with multiple strict and enforceable texting-while-driving laws. If you are the victim of an accident, you must be aware of the laws that protect you. The law of California includes, but is not limited to:
California Vehicle Code 23123
This section of the vehicle code states, “A person may not operate 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 this manner while operating a motor vehicle.” This prohibits any use of a cell phone while driving, including GPS navigation and texting.
California Vehicle Code 23124
This code prohibits drivers under the age of 18 from using a cell phone, even if they are equipped with a hands-free device. Multiple studies have shown that drivers under the age of 18 are statistically much more likely to be involved in car accidents than drivers of any other age group, and cell phone use only increases this risk.
California Vehicle Code 23123.5
This code prohibits all texting while driving (except when it is completely hands-free). Texting while driving is recognized by California law as one of the most dangerous causes of distracted driving.
There are numerous laws and codes in place to ensure that negligent drivers who are distracted while operating a vehicle are punished. Call Haffner Law today to learn about protection-oriented motor vehicle laws.
What Are the Most Common Distracted Driving Accident Injuries?
Distracted driving accidents can include car collisions, truck accidents, motorcycle accidents, pedestrian accidents, and bicycle accidents. The following are some of the most frequent injuries caused by distracted driving accidents.
- Back injuries
- Spine injuries
- Facial lacerations
- Traumatic Brain Injury and head trauma
- Broken nose
- Broken eye socket
- Spinal cord injuries
- Wrongful death
- Neck injuries including whiplash injuries
- Broken tibia
What to Do Following a California Distracted Driving Accident?
Dial 911 or Get Medical Assistance
If you are involved in a serious accident, you must notify the proper authorities so that the incident can be recorded and the victims can receive immediate medical care. Your health and well-being should be your top priority right now.
Photograph the Accident Scene and Your Injuries
Documenting the accident scene is of utmost importance. Have your cell phone available to photograph the damage to your vehicle, the accident scene, and any potential injuries. Having photographs as additional proof can make all the difference in a personal injury case.
Obtain the Contact Details of Every Witness
If there were any witnesses to the collision, you must act swiftly to collect their contact information. They could be very useful resources for a car accident lawyer to use to help you obtain justice.
Request the Police Reports
As soon as possible, request a copy of the police reports regarding your accident and crash. These documents are essential for determining negligence or fault in your case.
Maintain All Records of Your Medical Expenses
When examining your accident and personal injury case, we will need to take into account your insurance company’s costly medical expenses and fees. If you are not responsible for the accident, you should not be required to pay for your medical care.
Request the Other Driver’s Insurance Card and Contact Details
You will need this information for us to move forward with your case and obtain the compensation you deserve.
Can You File a Legal Action Against the Distracted Driver for an Accident in California?
If a distracted driver caused an accident in which you sustained damages, you could file a lawsuit against them. Typically, the process begins with filing a claim with their insurance company. The majority of vehicle accident claims are settled out of court.
To maximize your potential claim, it is essential to work with our leading California distracted driving accident lawyer. Contact Haffner Law immediately to schedule a free case review.
What If I Was Partially Responsible for My Distracted Driving Accident?
Even if you were partially at fault for a crash caused by distracted driving, you could still file a claim against the at-fault driver for your losses. The state of California adheres to the doctrine of comparative negligence, which allows an injury victim to file a claim even if they were partially responsible for the accident.
Instead, their total compensation will be reduced by the proportion of fault they bear. Claims of comparative negligence can be complex. If you were injured in an accident caused by a distracted driver, contact Haffner Law immediately to schedule a free case review about your case.
What is the Value of Your Case?
Distracted drivers frequently fail to apply the brakes before colliding with other vehicles, bicyclists, or pedestrians. Because of their manual, visual, or cognitive distractions, they typically have delayed reaction times and impaired judgment. They might also be speeding or engaging in other forms of reckless driving.
These factors can cause fatal and catastrophic car accidents in California. If you sustained life-altering injuries in California, such as broken bones, spine injury, or traumatic brain injury, you might be eligible for substantial compensation. A claim for wrongful death may also result in a substantial award for survivors.
The knowledgeable Los Angeles distracted driving accident lawyer at Haffner Law knows how to negotiate maximum compensation from California’s insurance companies. We can secure just and complete compensation for your economic and noneconomic losses.
Since our firm’s inception, our personal injury law firm has secured numerous client compensations. Although we cannot guarantee results, we can guarantee that your case will be handled as if it were our only case. We will work diligently to establish your eligibility for maximum compensation, employing investigators and accident experts if necessary to help prove your case.
You may be awarded compensation for past and future medical expenses, rehabilitation costs, vehicle repairs, lost wages, physical pain, and emotional suffering.
How Long Will It Take to Complete My Case?
Since each case is unique, each requires a different amount of time to complete. A case that goes to trial will be resolved much more quickly than one that does not. There are additional factors that may influence the duration of a case, including the number of parties involved in an accident, the collection of evidence, negotiations, and more.
In the end, it is nearly impossible to predict how long your case will take, but speaking with our personal injury attorney and allowing us to investigate your case may provide you with a more accurate estimate.
What is California’s Statute of Limitations on Distracted Driving Accidents?
In California, victims of accidents caused by distracted driving have two years to file a lawsuit against the negligent driver. Statute of Limitations Section 335.1 of the California Code of Civil Procedure specifies how long a plaintiff has from the date of injury to file a court claim for compensation.
If you wait too long to contact a law firm for assistance building your case, you may be unable to pursue an award. Contact Haffner Law immediately. We can assist you in filing your lawsuit on time.
How to Avoid Distracted Driving?
Every day, approximately nine people are killed, and 1,153 are injured in distracted driving-related auto accidents in the United States. However, drivers can avoid risky behaviors such as distracted driving by remaining vigilant and focused on the road.
The devoted personal injury attorneys at Haffner Law have handled numerous claims involving victims injured by a distracted driver. We understand what it takes to represent this type of claim to help you obtain the maximum compensation to which you are entitled.
Listed below are several ways drivers can avoid becoming distracted while driving:
- Turn Off Your Cell Phone
- Do Not Drive If You Are Sleepy or Tired
- Restrict the Number of Passengers in Your Vehicle.
- Avoid Multitasking While Driving
- Ask for Help
- Pull Over to Address Urgent Matters
How Can Our Seasoned Los Angeles Distracted Driving Accident Lawyer Help?
At Haffner Law, we are not only committed to educating the public about the dangers of distracted driving; we are also vigilant in our efforts to defend the rights of innocent individuals who are gravely injured in car accidents caused by distracted driving and for which they are not at fault.
Have you or a loved one been struck by a distracted driver? You might be entitled to economic or punitive damages for your injury claim if you were injured in a car accident, truck accident, or one of the hundreds of motorcycle accidents that occur each year.
By zealously representing our clients, we aim to increase awareness of the dangers of distracted driving and ensure that negligent drivers are held accountable for their actions.
Our skilled Los Angeles distracted driving accident lawyer can assist you if you have been involved in a car accident with a driver who was talking on a cell phone, texting, or was otherwise distracted. Contact us at Haffner Law immediately for a free case review.