The LA Personal Injury Law Firm – (Car Accidents) Distracted Driver

The LA Personal Injury Law Firm – (Car Accidents) Distracted Driver

A significant percentage of accidents in California are as a result of distracted driving. When a driver is distracted, he or she is not only a danger to themselves, but to everyone using the road. Distraction while driving makes a driver not focus on the act of driving, and often leads to accidents. Most people think that use of cell phones is the only cause of distracted driving. However, there are many reasons a driver can be distracted. Distractions can be visual, manual or cognitive, and regardless of the type of distraction, the consequences can be detrimental. When an accident occurs due to distracted driving, victims can suffer significant injuries and in some cases death. Although the damages of an accident cannot be fully compensated, a victim can still be able to get compensation for the damages. If you are in Los Angeles and are involved in an accident with a distracted driver, speaking to a local personal injury attorney is essential to your getting compensation. The lawyers at The LA Personal Injury Law Firm are well experienced to handle compensation claims when a person is injured by a distracted driver.

Causes of Distracted Driving

The highways of California are filled with many vehicles, and to drive on them, one must be alert at all times. Any driver can be distracted and cause an accident. As earlier mentioned, the causes of distraction can be categorized in three groups: cognitive, manual and visual distraction. In these groups, there are various causes of distractions that we shall discuss briefly.

Manual Distractions

These are the kind of distractions that cause a driver to momentarily remove their hands from the steering wheel. Some of these include:

• Use of cell phone – many accidents have been caused by drivers texting or calling with a hand held device. This will often distract a driver that will be focusing on the text message or the call they are making.
• Fiddling with the radio – adjusting or changing the radio a station has also been reported as a significant contributor to road accidents. When a driver is focused on adjusting the station, they often focus on the activity at hand. By the time they realize something on the road that requires emergency response; it is often too late to avoid an accident.
• CD changing – just like changing the station on a radio, changing a CD in a car causes similar distractions and can result in an accident.
• Drinking and eating – the habit of eating or drinking while driving is common and results in serious accidents. Sometimes a driver can be drinking coffee and it pours on them. They get shocked by the burning of the hot coffee and start focusing on how their clothes have been stained. Shortly they find themselves veering off the road, and by the time they realize they need to get back, it’s too late.
• Using makeup – this is common with ladies when they leave their house late and must rush for an appointment they are late for. They decide to apply their makeup as they drive. Unfortunately, they focus their attention on the makeup because they don’t want to arrive looking bad. Shifting their attention from driving to applying their makeup often results in crashes that could have been avoided.

Visual Distractions

This involves an activity that takes the driver’s eyes from the road. This is even worse because aside from their eyes getting distracted, some require the driver to use their hands as well. Some of these distractions include:

• Checking the GPS – driving to a place you do not know may require one to use the GPS to get directions. A driver can focus on the GPS and momentarily get distracted from the act of driving. This can result in a crash, yet the driver would have prevented it had he or she pulled over and looked at the GPS.
• Focusing on the screen – some drivers have installed screens in their vehicles. When the screen is on, one can easily be distracted by focusing on the activities taking place on the screen. Again, they remove their eyes from the road which can lead to an accident.
• Texting – this is also found under visual distractions. A driver needs to be certain the text they are writing communicates the message they are conveying and will focus on the phone’s screen. Receiving a text and reading it while driving is also distracting.
• Choosing a song – a driver may decide to select a song they want to listen to as they drive. This often will divide their attention while some may totally focus on getting the song they want. This act would cause them to focus on song selection and forget to look at the road.

Cognitive Distraction

This is when a driver’s mind is distracted and unable to concentrate on the act of driving. There are many causes of cognitive distraction, they include:

• Daydreaming – a driver could be having a lot on their mind and their minds gets distracted by thinking of the various things they need to accomplish. This often takes their mind off the road and can result in serious accidents.
• Stress – a driver going through a stressful period may not have their mind concentrated on driving.
• Intoxicated driving – a driver under the influence gets their mind distracted or impaired to drive. A drugged or drunk driver is unable to focus on the road because their mental abilities to comprehend their surroundings are impaired.
• Fatigue – a driver that is excessively tired may find their mind shutting off and sometimes falling asleep on the wheel. This is dangerous to other road users as well as to the driver.

How to Eliminate the Practice of Distracted Driving

Almost every driver has been distracted by one thing or another on the road. However, there are a few practices one can adopt to enable them focus on driving more and avoid the distractions. Some of these will require a driver to practice self-discipline in order to avoid being distracted. These practices may include:

• Avoid using your cell phone to call or text unless it is an emergency. It is best to pull over and use the phone if it is necessary. Alternatively, it is best to use a hands free device to receive and make calls instead. With the advancement of technology, a driver can give instructions to the device on whom to call, or receive a call from and even dictate a text message.
• Avoid driving while tired. Instead, get enough rest before getting on the road. Fatigue is common in commercial drivers that want to drive for long hours to improve their income. The law provides for the time a driver should be on the road and the periods of rest. Your body needs to rest to avoid being fatigued on the road.
• Avoid driving while drowsy or impaired. Whether you are impaired from prescription medicine or alcohol, driving while impaired is not only an offense but it can result in serious crashes.
• Stop drinking or eating while driving. This habit is very common amongst drivers when they want to kill two birds with one stone. Unfortunately, the habit can be detrimental when an accident occurs.
• Avoid multitasking while driving. Multitasking does not always get you good results. Instead, focus on one activity at a time. This will not only enable you do the activity fast, but the results will be better because you focus your attention on it.

Laws on Using Cell Phones while Driving in California

The state of California forbids drivers from using handheld cell phones while driving to either make a call or for texting. The law encourages drivers to use hands-free devices instead. However, young drivers and bus drivers are prohibited from using the hands-free devices.

These are part of the primary enforcement laws that allow an officer to pull over a driver using a hand held cell phone.

If the use of a cell phone results in a driver causing an accident, the driver will be held accountable for the damages suffered. The use of cell phones while driving is categorized as negligent behavior on the road. Negligence and recklessness on the road results in serious crashes and results in significant damages.

What to do Following an Accident with a Distracted Driver

When an accident occurs, there is possibility of injuries aside from damage to the vehicles involved. When a person is involved in an accident, there are critical things they must do to save themselves as well as prepare for compensation claim. These things include:

• Following an accident, you must call for help. Call 911 and report the accident and give details of the accident to the operator. If you need medical assistance let the operator know so that an ambulance is called. Try and answer all the questions the operator asks if you can. It is always advisable to never leave the scene of the accident until the police show up. However, if you are injured and need urgent medical attention, the law allows for you to seek medical attention first.
• The second important thing after the accident is to gather evidence. California is a comparative fault state as well as a fault state. This means that the driver found at fault of causing the accident is held liable for the damages suffered. Equally, if each driver had a degree of fault, compensation for the damages is allocated according to the level of fault.
• evidence of the accident is important for when seeking claim from the insurance company or when the case goes to court. If you are able to, take as many photos as you can of the accident and from various angles. Videos are also important of the scene and its surrounding. While doing this, never admit fault because you do not know what the other driver was doing and it may be the reason for the accident.
• there are witnesses to the accident, get their contact details. Talk to the other driver if possible and get their details. Write down the other vehicle’s identification number, model, color and make. Ask the other driver to give you details of their insurer. If the driver does not cooperate and is aggressive, avoid talking to them and wait for the police to arrive at the scene.
• as much evidence as you can is important to show the negligence of the other driver. If this is proven, it makes it easier for you to get compensated for the damages you suffer as a result.
• the driver is not the owner of the vehicle involved in an accident with you. If this is the case, try and get the details of the vehicle owner from the driver.
• When the police arrive at the scene, they will evaluate it, talk to possible witnesses and the persons involved in the accident. Cooperate with the officers by producing your license, your insurance proof and any other information they ask for. If you are issued a traffic citation, do not fight against it because it is not proof that you are at fault. The police after analyzing the scene and interviewing the drivers or witnesses will write their report. The report is important for compensation claim and is made available on request by your lawyer.
• Reporting the accident to your insurance company is essential. This is not to say you are at fault. For every cover, there is a clause that requires a driver to report when they are involved in an accident. If you fail to inform your insurer about the accident, you may suffer various consequences. These may include them refusing to renew your cover, increase your premiums, and sometimes cancel the policy altogether.

What Compensations are Available for Distracted Driver Accidents

When an accident occurs, the damages suffered can be devastating both economically and physically for the ones involved. The law requires each driver or vehicle owner to have a minimum insurance cover that acts to compensate for damages in an accident. A distracted driver if established will be accountable for the damages suffered.

California allows for an accident victim to access two types of compensations when involved in an accident with a distracted driver. One can seek for economic as well as non-economic damages. Below, we discuss the various damages a victim can seek compensation for under the two groups.

Economic damages

These are the damages a victim of an accident will suffer and are quantifiable in monetary terms. This means that it is easy to put a value on them based on evaluation from experts. Some of these damages include:

• Medical costs – after an accident, whatever medical cost a victim incurs while seeking treatment for the injuries is compensated. From the cost of the emergency room to the most complicated medical treatments, a victim will be rewarded compensation. Visiting a doctor to thoroughly evaluate you is important to avoid suffering more damages later. Some injuries may not be obvious especially internal injuries while others are physically visible.

A doctor should be able to establish if you are suffering from any other injuries by carrying out X-ray examinations among others. A doctor will also establish if your injuries require prolonged treatment or will heal shortly after. Let your doctor examine you thoroughly to establish the extent of your injuries and the expected cost of treatment. This is a crucial aspect when seeking compensation for the medical costs you would suffer.

• Disfigurement and lost limbs – an accident with a distracted driver can result in significant injuries. The cost of lost limbs or their function as well as disfigurement is also rewarded during compensation.
• Lost income – when a person has been injured in an accident, they may need time to heal or hospital time. During this time, the victim will not be able to earn any income. A calculation is made of the amount a person would lose and presented as a claim for compensation.
• Lost ability to earn – injuries from an accident can be so devastating that a victim looses their ability to earn for the rest of their life. A calculation is made of the income the victim could have earned if they were in good health and the amount sought in compensation.
• Property damages – in a car accident, most of the damage is to the vehicle. A victim will be compensated for the cost of repairs of the vehicle. One needs to present an invoice of the damages to the insurance adjuster for analysis in order to receive compensation.
• Funeral and burial expenses – when a victim of an accident dies, the surviving family can seek compensation for the cost of burying their loved one.

Non-economic Damages

These are the damages that are not easy to quantify or value in monetary terms. These damages include:

• Pain and Suffering – the injuries a victim suffers can result in them suffering while recuperating and experiencing significant pain. One cannot qualify the amount of pain a victim suffers. However, based on the injuries suffered, an estimate is made for compensation.
• Wrongful death – a distracted driver can cause an accident that may lead to fatalities. The family of the victim can seek compensation for the life of their loved one.
• Lost Companionship – the companionship a deceased victim provided for their family cannot be quantified. However, a spouse or a registered domestic partner can seek compensation for the loss of love and companionship.

The above damages are some of those a victim of distracted driver accident can seek for among many others.

When to File a Compensation Claim

California has put a deadline on when a victim of an accident can claim for compensation or file a suit. When a victim fails to seek compensation or file a petition within the stipulated time, they lose their right to seek compensation. This makes it crucial for a victim to hire a personal injury lawyer that can pursue the claim on their behalf as they recuperate or carry on with their lives.

This deadline is found under the California’s statute of limitations. Under this statute, a victim of a car accident must claim for damages within two years from the date the accident happened.

Raising a Claim with the Insurer

After an accident as earlier stated, never admit fault. When you admit fault, you will carry the responsibility of the damages suffered in the accident. Getting in touch with a personal injury lawyer is the best option for you in pursuing your fair compensation. Earlier, we discussed the various things you must do immediately after the accident. Photos, videos, statements from witnesses, and your own account of the accident are important when seeking compensation.

You need to provide all the information to your lawyer as well as the police report of the accident. Aside from the evidence to show the distracted driver was at fault for the accident, you must attach the relevant documents for compensation. These include medical reports detailing the kind of treatment you received and the costs. If any other medical procedures were performed, these must also be included and their cost as well. A doctor should also give details of any medical treatment that may be required in the future and the approximate cost for the same.

In case of death, details of the victim are important including what they were earning, their age and any other important detail that will help calculate a claim. Burial and funeral expenses must also be included.

For vehicle damages, seek an invoice from an auto shop that details the damages to the car and the cost of repairing it.

With all this information, your lawyer will present it to the other party’s insurer. Negotiations will follow with your lawyer seeking to get the best compensation possible. If the negotiations do not yield a favorable settlement, your lawyer can advise you to file a petition in court for the damages.

Once a lawsuit for the claim is filed, a hearing for the case commences. In the hearing, evidence must be produced to show the at fault driver. This is crucial as earlier stated that California is a fault state. This means the driver liable for the accident is held accountable for the damages suffered. The evidence gathered at the accident scene becomes critical in establishing the party responsible for the accident.

If the court finds both parties are partially to blame for the accident, damages are apportioned according to the degree of fault.

Find a Personal Injury Lawyer Near Me

A road accident can result in many consequences both for the victim and the distracted driver. Even with financial compensation for the damages suffered, it is impossible to replace a loved one or a lost limb. However, financial compensation is important to help the victim of the accident and their families cope with the financial burdens an accident brings. Speaking to a lawyer will help you pursue your fair claim while carrying on with your life. If involved in an accident with a distracted driver, the law permits you to seek damages. The lawyers at The LA Personal Injury Law Firm are qualified and experienced to help you with your claim. Call us at 310-935-0089, and let us discuss your claim further.