Distracted driving has become a common source of crashes that result in injuries and fatalities. The almost universal usage of cell phones has only contributed to the level of distracted driving as drivers attempt to multitask while driving, whether dealing with work or personal issues. If a distracted driver has caused an accident in which you suffered injuries, the driver may be responsible for your accident-related losses, including your medical bills for treatment of your injuries. A Santa Ana distracted driving accident lawyer can help you determine whether you have a valid legal claim for compensation arising from your accident and pursue the responsible parties for the costs of your injuries.
When individuals are driving, they are operating a heavy, powerful, and fast vehicle that can be deadly to others. If cell phones or other distractions lead drivers to lose their focus on driving, they can easily cause catastrophic accidents. These drivers may be subject to criminal penalties in some cases, but they also can face civil liability through a personal injury or wrongful death claim. You can rely on the attorneys of Ben Crump, PLLC to evaluate your case and assist you with your legal claim. Call (800) 598-7557 today and learn more about how to pursue compensation for your injuries.
Distracted Driving Causes Accidents Resulting in Injuries
According to the National Highway Traffic Safety Administration (NHTSA), distracted driving occurs when individuals engage in any activities that take their focus away from the primary task of driving. These activities can include talking to passengers, adjusting the radio or stereo, eating, and using cell phones to talk or text. Distracted driving has serious consequences. In 2018 alone, 2,841 individuals in the United States suffered fatal injuries, and 400,000 others suffered non-fatal injuries in accidents resulting from distracted driving. The NHTSA also attributes eight percent of all fatal crashes, 15 percent of all crashes involving injuries, and 14 percent of all police-reported vehicle crashes as involving distracted driving nationwide.
California Vehicle Code (VEH) §23123.5 prohibits drivers from holding or operating handheld cell phones or other electronic devices while driving. Hands-free electronic devices, however, are permissible. Drivers under the age of 18 may not use cell phones or electronic devices in any form while driving, even if they are hands-free.
Nonetheless, the California Office of Traffic Safety (OTS) reports that in 2015, almost 60% of the California drivers who responded to a survey stated that a driver who was talking or texting on a cell phone had hit or almost hit them. In 2013, law enforcement officials in California ticketed 426,000 drivers for talking on handheld cell phones while driving or texting on cell phones. As a result, many drivers in California clearly engage in distracted driving behaviors, particularly by using cell phones, on a regular basis.
For a free legal consultation with a distracted driving accidents lawyer serving Santa Ana, call 800-598-7557
Proving Fault in Distracted Driving Accident Claims
Most distracted driving accident claims come from negligence on the part of the driver who caused the accident. Negligence is generally the failure of a person to exercise reasonable care for the safety of others. All drivers have a legal duty to obey traffic laws, including prohibitions against distracted driving. As a result, when drivers violate traffic rules, drive while distracted, or otherwise act carelessly while driving, they typically have violated the duty of care that rises to the level of negligence.
Once you have established negligence on the part of the distracted driver, you must prove that you suffered injuries and other losses due to the negligence of the driver. You also must establish the existence and value of the injuries that you have suffered due to the accident. In other words, you must show that your injuries directly resulted from the accident or that you would not have suffered injuries if the accident had not happened. A Santa Ana distracted driving accident lawyer can help you assemble the evidence necessary to support your legal claim.
Santa Ana Distracted Driving Accident Lawyer Near Me 800-598-7557
Pursuing Compensation for Your Injuries
When you suffer injuries in a distracted driving accident, you may be eligible to collect compensation from the distracted driver who caused your accident, along with any other parties who potentially may have contributed to causing the accident. You should not have to bear accident-related expenses on your own because another driver chose to read an unimportant text message or engage in similarly distracting activities.
Some of the compensation or damages in a personal injury claim are economic, meaning that you spent or lost specific amounts of money due to the accident. These damages include lost wages from an inability to work and medical bills for the treatment of your injuries.
Other forms of compensation are not strictly economic. While it may be harder to place a value on this compensation, these losses are likely no less significant than economic forms of compensation. You may seek compensation for your pain and suffering, mental anguish, and loss of future income if you can no longer work due to impairments that you developed from the accident.
Learn More About Your Legal Rights to Compensation
If you or a loved one has suffered a severe injury in a distracted driving accident, you may have a civil legal claim against the distracted driver. A Santa Ana distracted driving accident lawyer will evaluate your situation, lay out your options for legal relief, and give you advice about the most effective course of action in your case. Together, you can pursue compensation for your injuries resulting from the accident that the other driver caused.
We know how difficult the aftermath of a serious motor vehicle accident can be, as well as the various unexpected expenses that undoubtedly arise under these circumstances. The attorneys of Ben Crump Law, PLLC can get started on your case without you paying any money out of pocket or upfront. We will not receive our payment until you receive payment from the insurance company of the at-fault driver. Contact our offices at (800) 598-7557 and begin the process of exploring your legal rights to compensation following a distracted driving accident.