Driving is a complex action that requires focus and concentration. A driver must pay attention to other vehicles, signs, and signals while staying on the lookout for hazards, such as a disabled vehicle, a slick road, or an animal about to dart in front of traffic. A distracted driver can be a danger to everyone else—and everything else—on the road.
If you were hurt in an accident with a distracted driver, you may have suffered head trauma, whiplash, broken bones, severe cuts, and other injuries. You may have even lost a limb or been paralyzed.
You may have spent weeks or months in the hospital and may have to visit a chiropractor or physical therapist on a regular basis to regain your strength, balance, and range of motion. Even after receiving care, you may continue to have physical limitations. You may be unable to work at the job you had prior to the collision, or unable to work at all because of a permanent disability.
Your family may also be struggling to stay afloat financially. As medical bills continue to pile up, you may be worried that you will no longer be able to cover basic living expenses, such as your mortgage or rent, utilities, and groceries.
The physical pain, medical bills, lost income, and worries about your family’s financial security can take an extreme toll on you emotionally. You may be unable to get a good night’s sleep and feel anxious and powerless. All of this may be straining your relationships with your family and loved ones.
If any of this is happening to you, a San Jose distracted driving accident lawyer may be able to help you pursue justice. Ben Crump Law, PLLC has helped people across the United States who were hurt by distracted drivers. Our team may be able to file a personal injury lawsuit to compensate you for what you have already endured and will likely continue to endure because of the accident. Call us today at (844) 730-0233 for a free consultation.
Why Distracted Driving Is So Dangerous
Being distracted while driving is a common cause of collisions. Motorists are surrounded by potential distractions, such as cellphones, vehicle navigation systems, and entertainment systems. They can also be distracted while reaching for items on the floor or in the backseat, having conversations with passengers, or resolving arguments between children.
A driver who is not focused on the task of driving can accidentally swerve into the wrong lane or drive above the speed limit. A distracted driver may not see a turn coming up or notice a hazard in the roadway until it is too late. In any of these circumstances, being distracted can cause an accident that seriously injures someone else.
California and other states have passed laws to try to prevent distracted driving. California Vehicle Code (VEH) Section 23123 prohibits the use of a cellphone while driving, unless it is used in a hands-free manner or in the event of an emergency. VEH Section 23124 states that a driver under the age of 18 may not use any sort of electronic wireless communications device while driving, even if it is a hands-free device.
Investigating the Accident
A San Jose distracted driving accident lawyer can begin to help you by reviewing the accident report to find out what led to the collision. If your legal team learns that a police officer who responded to the scene of the crash gave the other driver a ticket for using a cellphone while driving, this can help prove that the motorist was distracted.
We can also interview you, your passengers, and any eyewitnesses who saw what happened to gather information about the accident. If someone saw the other driver using a cellphone or GPS, reaching for an object, or turning to look at a passenger just before the collision, that person’s statement may help us demonstrate that the driver was distracted.
During our investigation, we may discover that a traffic camera, security camera at a nearby business or home, or someone else’s cellphone captured video of the crash and the events leading up to it. If we find video of the accident, this can also provide valuable evidence to support your claim that the other motorist was distracted. Call Ben Crump Law, PLLC today to learn more about how we can help build your distracted driving accident case.
For a free legal consultation with a distracted driving accidents lawyer serving San Jose, call (844) 730-0233
Seeking Compensation
After your legal team has gathered evidence and determined you have a case, a San Jose distracted driving accident lawyer can file a personal injury lawsuit on your behalf against the distracted driver. Possible compensation may include:
- Medical treatment you have already received
- Future medical care
- Lost income
- Lost or reduced earning potential
- Pain and suffering
A San Jose distracted driving accident lawyer can also work to negotiate a settlement without going to trial, which is a common resolution in personal injury cases. In some instances, we are unable to reach an agreement with the other party’s attorney. If negotiations are unsuccessful, we will go to trial to seek justice on your behalf.
If the other driver’s lawyer says that your actions contributed to the accident, you may still be entitled to a financial award. Under California’s pure comparative negligence law, an individual who has sustained personal injuries may still be entitled to compensation even if they contributed to the accident that caused their injuries. If you are found to be partly liable for the collision, your compensation can be reduced by a percentage equal to your amount of fault.
San Jose Distracted Driving Accident Lawyer Near Me (844) 730-0233
Contact a San Jose Distracted Driving Accident Lawyer
The team at Ben Crump Law, PLLC can help you seek justice, but you have a limited time to act. According to the California Code of Civil Procedure, Section 335.1, the statute of limitations to file a personal injury lawsuit in California is two years. It can take many months to conduct a thorough investigation of the accident and build your case.
The sooner you get in touch, the sooner we can get to work. Call us today at (844) 730-0233 for a free consultation.
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