When Distracted Driving In California Causes A Crash, Get An Experienced, Aggressive Lawyer On Your Side
In today’s modern world, there are many elements that may work to distract drivers. The biggest offender seems to be the cellphone. Every day we hear stories of horrific accidents caused by a driver distracted by their cellphone. In addition, most new vehicles have built-in navigation or entertainment systems that prevent a driver from focusing on the roadway.
If you have been injured in an accident by a distracted driver, you need to speak with a qualified personal injury attorney as soon as possible. Waiting to hire an attorney can actually cost you valuable time and more money than if you retain one immediately after an accident. If you wait for a period of time after you have been injured, your attorney has to play catch up with your case.
KRA Legal, PC, is a personal injury law firm that is passionately committed to representing clients who have been injured due to another driver’s negligence. We may be able to recover financial compensation for your medical bills, lost wages, and pain and suffering. Contact us today and ask to schedule a free initial consultation.
What Are The Different Types Of Distracted Driving?
Although all inattentive driving can prove to be deadly, there are actually three different types of distractions that can cause accidents on the roadways. They are as follows:
Visual distractions are the biggest offenders as they typically involve texting while driving. However, a visual distraction can also include diverting your eyes from the road to look at something, such as another vehicle, or paying too much attention to a specific object on the highway. In most cases, these are the types of accidents that seem to have the deadliest consequences for all who are involved.
Manual distractions occur when a driver takes their hands off the wheel for any reason. Some of the most common examples of manual distraction occur when drivers are eating or drinking while operating a motor vehicle. Another potentially deadly instance is when a driver attempts to reach for an item that has fallen out of their reach. Manual distractions are also fairly common, with a majority of drivers admitting to having done it during their time behind the wheel.
Cognitive distractions arise when a driver does not focus their full attention on the road. Examples include thinking about errands that they have to run or paying more attention to the children in the back seat instead of the road. As an individual becomes more accustomed to driving over the years, their attention to the road can drop significantly.
Regardless of the main cause of distracted driving, preventable accidents have occurred due to careless individuals not paying attention while on the road.
How Can You Prove That An Accident Occurred Due To Distracted Driving?
Demonstrating that a driver was distracted when driving and caused an accident can be extremely difficult to prove. Unless the driver admits to being distracted, other forms of corroboration would have to be used in order to build a case against them.
KRA Legal, PC, has a vast amount of experience in handling distracted driving cases. As a result, there are certain pieces of evidence that we seek, including the following:
- Cellphone records could prove the driver was using their phone right before the accident occurred.
- Accident scene photos show the interior of the other driver’s vehicle, indicating that they were eating or drinking.
- Dashcam or surveillance footage may demonstrate that the driver was engaging in distracted or risky behaviors.
- The testimony of occupants who may have been riding in the other vehicle or witnesses who could perhaps see into the vehicle.
Documentation of such evidence can add strength to the claim the other driver was negligent in their responsibility to operate their motor vehicle in a safe and reasonable manner.
What Type Of Damages Can You Recover After Being Injured In A Distracted Driving Accident?
California law allows accident victims to recover both economic and noneconomic damages. Economic damages are meant to reimburse you for the money you have to pay out of pocket. Some common economic damages include:
- Medical expenses (past and future) such as hospital bills, prescriptions, rehabilitation and physical therapy costs
- Lost wages due to your inability to work
- Loss of earning capacity is awarded if you can no longer perform the type of work you did prior to the accident
Noneconomic damages are based on your individual circumstances and are subjective in nature. Various factors that can determine the noneconomic damages you may be awarded include the following:
- Pain and suffering are awarded to compensate you for the physical pain that you have suffered due to the accident.
- Loss of enjoyment of life refers to when you can no longer participate in activities that you enjoyed prior to being injured.
- Reduced quality of life is granted to those who have suffered permanent disabilities such as disfigurement or loss of the use of limbs or other vital organs.
We will fight for your right to compensation for all factors that apply in your case.
How Can An Attorney Assist You When Distracted Driving Was A Factor In Your Case?
When a careless or distracted driver has injured you, you are, in all likelihood, worried and anxious about the future. In addition, you are probably frightened about not being able to work and have the financial resources to support both you and your family. KRA Legal, PC, is a law firm marked by compassion. We recognize that injury victims need time to rest and heal after being involved in an accident.
We are lawyers who can take some of the worries and stress off of you to deal with the other driver’s insurance company and all of the legal issues that can accompany filing a claim. In addition, our legal team has the experience and resources necessary to stand up to the insurance company if they try to deny or offer a settlement that is not in your best interests.