Distracted Driving Accident Lawyer

For victims of a car accident, learning that the at-fault party was sending a text message or eating while navigating the busy roadways is frustrating. Yet, our distracted driving accident lawyer at Triumph Law sees this as a common problem causing serious injuries and losses. 

If you were hurt because of the careless behavior, let our decades of legal insight support your recovery. The car accident lawyer at our firm has more than 25 years of experience fighting for victims of distracted driving crashes.

What is Distracted Driving in California

Distracted driving occurs when a driver’s full attention is not on the roadway in front of them, but instead is engaged in something else. There are multiple types of distracted driving, all sharing a common factor: the driver is not paying as much attention to the roadway as they should. Mobile phone use is one example, but it’s far from the only form. 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, and personal grooming

Our personal injury lawyer works with victims suffering serious injuries and losses because another driver was not focused on the roadway. Hiring a distracted driving lawyer provides you with the legal support you need during these types of cases. We work to gather the evidence necessary to hold those who hurt you accountable. Review our FAQs to learn more.

The Prevalence of Distracted Driving in California

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. The California Office of Traffic Safety found that in the last reporting year, 148 people died in crashes in California that involved a distracted driver, and that figure is up 5.1% from just the year before.

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.

Why You Should Hire a Distracted Driving Attorney in California

It may seem like a straightforward claim, especially if law enforcement documents that the driver was engaged in activities other than paying attention to the roadway. These can be very complicated cases, those that involve proving losses and documenting fault. There are several reasons why you need Triumph Law on your side as your texting and driving accident lawyer:

• Investigating all of the factors: One of the most important steps we take is to thoroughly estimate all of the losses. Our objective is to identify all parties at fault and establish, beyond doubt, that the other driver was distracted and therefore at fault.
• Building a comprehensive claim: We also need evidence that substantiates your injuries and the impact this accident has on your life and well-being. This means documenting all of your physical, emotional, and financial losses to the fullest level allowed under the law.
• Aiding in disproving your role in the accident: We want to lower any perception of guilt on your behalf to maximize your compensation.
• Negotiating with insurance companies: Even with ample proof, insurance companies want you to settle for less than what they owe you. Our distracted driving accident lawyers fight back with strong negotiation skills to get results for you.
• Go to court when necessary: Our distracted driving attorney is highly skilled in the courtroom, ensuring we provide you with exceptional support in the rare case that your case goes to trial.

Our distracted driving lawyer offers comprehensive legal guidance to you at no charge. Before you settle your case or have to deal with an insurance company that is not treating you fairly, contact us. Let us go to work to build a strong claim for you. Browse our case results to see our triumphs.

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 distracted driving accident attorney can review your claim and help identify what laws may have been violated.

Distracted Driving is 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 gives 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
• Claim the value of the losses you faced in your accident
• Present evidence defending both of the claims as mentioned earlier

What’s more, you need to compile and submit this information within California’s personal injury statute of limitations. The 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

It may be in your best interests to follow the evidence if you want to determine liability for your distracted driving car accident losses. An insurance company or court will consider the evidence available to decide who 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 boost your claim further. 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. 

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 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 need to determine if 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 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.

Common Distracted Driving Car Accident Losses You May Be Able to Claim

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.