As a responsible driver in California, you understand the dangers and implications of distracted driving. Recent legislation in California has underscored the severity of issues with distracted driving. As of January 1, 2017, anyone who even holds and operates a cell phone while driving faces ticketing and conviction.
Unfortunately, your vigilance in obeying the law and paying attention while driving won’t protect you from less attentive drivers. According to the California Office of Traffic Safety, 61% of drivers in California reported that their vehicles had been hit or almost hit by a distracted driver. This means another person’s negligence is also your problem. When a distracted driving incident does occur, you could be left footing the bills, losing time from work, dealing with car repairs, paperwork, and experiencing stress, pain, and worry.
You don’t have to go through it alone. Our experienced and compassionate attorneys are prepared to help lift the burden when catastrophe strikes. With our assistance, you will have the best chances of receiving the compensation and medical support you need to recover from a distracted driver accident. Our California car accident lawyers are here to help.
Contact Johnson Attorneys Group at 800-208-3538 for a complimentary case evaluation to review your legal options.You never pay any legal fees until there is a successful resolution to your distracted driving case.
Understanding Distracted Driving
The definition of distracted driving is much broader than you may realize. Anything that comes in the way of a driver focusing on the task at hand – to safely operate the vehicle – can lead to distracted driving. To help victims better understand what distracted driving can entail, the federal government has outlined three ways that distracted driving can happen.
- Visual Distracted Driving: This is a situation where the driver is not watching where they are going, or paying attention to the road. This can include observing the location of parked vehicles on the shoulder, pedestrians, bicyclists, moving traffic, traffic signs, traffic lights and more. Anytime the driver’s eyes are diverted to looking at something other than the road, that qualifies as distracted driving.
- Mental Distracted Driving: Distracted driving can occur cognitively, as well. Things like daydreaming or forgetting being behind the wheel of a moving vehicle, qualify as distracted driving.
- Physical Distracted Driving: This happens when a driver removes their hands from the wheel in a manner that prohibits them from properly and safely navigating the road.
Examples of Distracted Driving
It’s important to get an idea of some examples of distracted driving. This is because you may be a victim of a distracted driver and not realize it. Remember that these examples pertain to actions while driving.
- Applying makeup/grooming
- Using the visor mirror
- Trying to access something in the backseat (car seat, purse, grocery bag, )
- Playing with or fussing with a pet
- Picking up items from the floor
- Fussing with the car stereo or GPS system
- Overly engaging with passengers
- Turning to look at children in backseat
- Engaging in intimate behavior
- Eating, drinking, or smoking
- Cleaning the windshield
- Cell phone use
How is Distracted Driving Proven?
When you work with our experienced distracted driving attorneys in California, we will be able to help collect evidence that can be used to support your claim. You may think there is little you can do to prove the other driver was distracted, but there are established methodologies that help. We work extensively with trusted forensic investigators and accident reconstruction specialists that can uncover evidence that helps our clients. Some of the things that can be looked at include:
- Evidence Collected at the Scene: A lack of skid marks may indicate that the other driver was completely taken by surprise by the impact. This would mean they weren’t looking at the road. The presence of certain things, like electronic devices, infant car seat, food and drink, toys, pets, makeup, hair brush/comb, books, etc. Of course, it’s not illegal to drive with any of these items. These items would provide backup to other evidence.
- Cell Phone Records: As your attorney, we would be able to request cell phone records of the other driver. Records might indicate they were using their phone while driving. We would also be able to ask for permission to access social media accounts, for evidence of social media activity just prior to the accident
- Eyewitness Statements: Other people may have seen the other driver engaging in a distracted driving behavior. Their reports could help support your case.
Contact Our California Car Accident Injury Lawyers Representing Those Injured by Distracted Drivers
Your claim against a distracted driver depends on your actions after the incident. Please contact a California car accident lawyer as soon as possible so we can gather evidence and supporting documents crucial to your case. To get compensation for your losses, contact us at 800 208-3538 today.