Distracted Driving Accident Lawyer

Distracted driving has caused countless accidents long before the invention of the cell phone. Drivers who take their focus off the road can cause severe accidents, whether they are eating, drinking, or even chatting with friends.

Today’s legislation isn’t designed to curb the conversations drivers can have with their passengers or vice versa. However, that legislation does give you the right to investigate a driver’s behavior should their distraction lead to an accident.

A distracted driving lawyer can help you identify what may have caused your accident and help you pursue a claim against the at-fault driver. The car accident lawyers of Triumph Law have helped many accident victims prove negligence to recover significant compensation, and we may be able to help you.

Identifying Distracted Driving

As mentioned, distracted driving takes on a variety of forms. A motorist is as likely to cause an accident while eating french fries at the wheel as they are while chatting on the phone.

That said, the use of hand-held devices behind the wheel is still one of the most visually recognizable types of distraction.

Other types of distractions that can impact driving include:

Visual Distractions

• Rubbernecking/watching things outside the vehicle
• Reading maps or signs
• Adjusting vehicle controls like radio, AC/heat, etc.

Cognitive Distractions

• Daydreaming or lost in thought
• Engaging in complex or emotional conversations
• Worrying or problem-solving in your head

Manual Distractions

• Eating and drinking
• Using a mobile phone or navigating device
• Reaching for objects in the vehicle
• Adjusting vehicle controls with one hand off the wheel
• Applying makeup, personal grooming

California Distracted Driving Laws

California instituted legislation about distracted driving. The state makes it clear that no one over the age of 18 behind the wheel of a car may use their cell phones or electronic devices.

The only exception to this rule applies to hands-free devices. California drivers do have the right to use voice-to-text or AI assistants to make calls or send text messages.

On the flip side, California drivers under 18 may not use hands-free or hand-held devices behind the wheel under any circumstances. A personal injury lawyer can review your claim and help identify what laws may have been violated.

Distracted Driving as a Traffic Violation

Distracted driving involving a cell phone or related hand-held device constitutes a traffic violation in the eyes of California law enforcement. This means that parties accused of distracted driving may have to pay fines or otherwise contest their behavior in criminal court.

What does this mean for you as a survivor of a distracted driving accident? First and foremost, you still have the right to take civil action against the party responsible. That action, however, will not hurry along any criminal consequences an offending driver might face.

You can, however, use a criminal conviction to bolster your case for damages. You can work with a distracted driving accident lawyer to claim that a criminal conviction represents proof of fault in your case. As such, an ongoing distracted driving case in criminal court may actually bolster your demand for damages.

Filing a Distracted Driving Car Accident Claim

It’s the negligence that contributes to distracted driving accidents that give you the right to take legal action against the offending party. If you choose to take advantage of your legal options, you need to bring that negligence to a judge’s attention. This means that you need to:

• Identify the person or party that you want to hold liable for your losses
• Make a claim regarding the value of the losses you faced in your accident
• Present evidence defending both of the aforementioned claims

What’s more, you need to compile and submit this information within California’s personal injury statute of limitations. California Code of Civil Procedure section 335.1 states that distracted driving car accident survivors have up to two years to investigate their losses. Your complaint must be made to a judge within this time if you want the right to demand damages.

Evidence Established Distracted Driving Car Accident Liability

When you walk away from a motor vehicle accident, you may think you have a good idea of who you want to hold liable for your losses. While that initial instinct can be powerful, it’s not always accurate.

You need to follow the evidence if you want to accurately assign liability for your distracted driving car accident losses. An insurance company or court will consider the evidence available to decide who all can be held liable. This means that you should assess:

• Video, audio, and/or still footage of the accident scene
• Statements from bystanders
• Police reports
• Expert witness opinions, including statements from accident recreationists
• Social media statements

In some cases, your personal injury attorney can access cell phone records to further boost your claim. 

What to Do If You Get Into an Accident With a Rideshare Vehicle

Assigning liability in a crash involving a private motorist is one thing. Assigning liability in a distracted driving accident case involving a rideshare vehicle is another. If you get into an auto accident with a rideshare car, bring your losses to a Sacramento Lyft and Uber accident lawyer as soon as you can. Contract law can often obscure your right to legal action, but our team can sort through the miasma.

We specifically need to determine whether or not the rideshare driver was on duty at the time of your accident. If the driver had passengers in the car or was using a rideshare app to connect with passengers, you may have to take your claim for damages up against a rideshare company.

That said, if the driver wasn’t using a rideshare app at the time of your accident or was otherwise off-duty, that driver may be responsible for their own legal representation.

Don’t Undervalue Your Distracted Driving Car Accident Losses

Your distracted driving case has inherent value. Whether you’re contending with a totaled car or what you believe to be minor injuries, you have the right to demand that a liable party help you address your financial stressors. To make those demands, however, you need to establish an estimate of your case’s value. This means you should find the sum of your: 

• Medical expenses
• Property damage
• Wages lost while recovering
• Emotional distress and mental anguish
• Pain and suffering

Do not undervalue your losses. Even if you think you understand the total value of your case, you should bring your losses to the attention of a personal injury attorney. We can make sure you’ve explored every avenue for compensation available to you. In turn, we can defend your right to losses you may not have considered before.

Turn to a Distracted Driving Attorney for Legal Guidance

A motorist doesn’t have to be making phone calls to be a negligent driver. Distracted drivers who eat, drink, or otherwise lose focus on the task of driving put you and everyone else on the road at risk for a crash. If this happens, you can bring an at-fault driver’s negligence forward in civil court via a personal injury claim.

Distracted driving car crash lawyers can stand by you as you investigate your losses and argue for your right to financial compensation. You can contact Triumph Law and its team of experienced distracted driving attorneys for help filing your claim within the applicable deadlines. Reach out to our team through our online contact form or by calling our office today.