Holding Distracted Drivers Liable for the Crashes They Cause
Distracted driving is a serious issue across the country, especially in largely populated areas and cities like Los Angeles. Although survey results vary, the outcomes of many safety studies have shown that between 25% and 40% of drivers admit to regularly driving while distracted. With more than 6.5 million licensed drivers in Los Angeles, this could mean that around 2.5 million motorists could be distracted each day.
The important thing to remember is that being hit by a distracted driver is not inevitable. Every distracted driving accident could be prevented, which is why each one should be followed by a car accident claim or personal injury lawsuit. At BD&J, our attorneys are always standing by to hear from local motorists who have been seriously injured due to a distracted driver to see how we can be of assistance. Throughout our practice history, we’ve recovered more than $2 Billion* for the wrongfully injured, and we’d like to see if we can help you join our very many successful clients.
Get started on your Distracted Driving Accidents case by calling us at (855) 906-3699 or filling out our online form today!
What Causes Driver Distraction?
Drivers need to pay full attention to the road around them at all times. A distracted driving accident can occur with just a momentary distraction. Unfortunately, driver distractions come in many forms. Inexperienced or negligent drivers can engage in any one of these distractions or possibly more than one at a time.
Common forms of driver distractions include:
- Texting or talking on the phone
- Adjusting the radio or GPS
- Eating or drinking
- Self-grooming or applying makeup
- Chatting with talkative passengers
- Reading billboards
Four Types of Driver Distractions
Driver distractions can be sorted into four distinct categories:
- Visual: A visual distraction is anything that takes the driver’s eyes away from the road and mirrors when changing lanes, turning, or merging. Advertising billboards are one of the most common visual distractions, yet they are constructed along practically every major highway and avenue.
- Auditory: An auditory distraction is anything that makes it difficult for the driver to hear the traffic around them, which can sometimes be the only warning available to prevent an accident. Loud music is the most common type of auditory distraction, especially among motorcyclists.
- Manual: A manual distraction is anything that removes the driver’s hand or hands from the steering wheel and the gearshift if the vehicle has a manual transmission. Picking up an electronic device of one kind or another is a common type of manual distraction.
- Cognitive: A cognitive distraction is anything that clouds the driver’s focus from the current task of driving by making them think about the distraction instead. All sorts of distractions can become cognitive distractions, depending on the distractibility of the driver.
Texting-and-Driving: Worst of the Worst Distractions
Many safety associations like the National Safety Council (NSC) believe texting-and-driving to be the worst of driver distractions currently. When someone picks up a smartphone to text while driving, they are engaging in visual, manual, and cognitive distractions all at once. The possibility of driving safely while texting is virtually nonexistent. As such, if someone hit you when they were texting, then they should reasonably be handed 100% of the liability, meaning you should get 100% of the damages owed to you. Our team is here to fight for you and push so that the liability for your accident is fair.
Distracted Driving Laws in California
In California, driving while using a cell phone is considered a violation of the California Vehicle Code. If found in violation, drivers can be issued citations. Talking, texting, and device use are broken down into three categories:
- 23123 (a) VC : Drivers aged 18 or older who drive and talk on non-hands-free devices are in violation of vehicle code 23123 (a).
- 23123.5 (a) VC: California drivers who text while driving are in violation of vehicle code 23123.5 (a).
- 23124 (b) VC: Under vehicle code 23124 (b), any California driver under age 18 who talks on a cell phone while driving can be issued a citation.
California law prohibits drivers from using cellular devices to text or talk unless the device is hands-free. However, the law allows drivers to use their phones to call the police, fire department, 911, or medical providers in an emergency. As of 2024, the first-time fine for texting or talking on a cell phone while driving in California is $162 (minimum). With every additional violation, the fine amount can increase.
How Do You Prove a Driver Was Distracted?
There are many ways to prove a driver was distracted when an accident occurred. An experienced attorney can help you prove your case by conducting a detailed investigation. This may include checking time stamps on the driver’s cell phone records, analyzing traffic cam footage and interviewing eyewitnesses.
What Compensation and Damages Can You Receive?
Specific compensation may vary based on factors such as your geographical location and the scope of your injuries and/or vehicle damage. In California, if a driver is found liable for distracted driving, the plaintiff may receive compensation for medical expenses and the pain and suffering they experienced as a result of the accident.
Discuss Your Case with a Trusted Los Angeles Law Firm
Filing a claim against a distracted driver can be frustrating because they will usually deny any wrongdoing when they know they caused the crash. To avoid getting caught up in those frustrations and legal complexities, let BD&J manage your case. Our Los Angeles distracted driving accident attorneys are here to guide you from start to finish while keeping a fantastic outcome in our sights.
Contact us at (855) 906-3699 or fill out our online form to schedule a FREE case consultation with our attorneys.
