When you go out on the road, you can only drive defensively and follow all traffic laws, and you have no control over what other people do when they are behind the wheel. Even though California law prohibits using handheld mobile devices when driving, motorists routinely send and read texts while driving and engage in other distractions. Their actions raise the danger level for everyone else on the road. Many drivers admit to surveyors that they regularly send and read texts while operating a motor vehicle.
You may have the right to substantial financial compensation if you have suffered an injury in a distracted driving accident. However, you must first engage in the legal process involving insurance companies that make it their mission to pay you as little as possible. Without an advocate and a fighter on your side, you can end up with the short end of the stick.
You do not have to spend money from your own pocket to get help from a car accident attorney, and they can help you get more money than you may have received if you tried to deal with the insurance company on your own. Given that car accident victims do better financially on average when hiring a lawyer (compared to those who try to represent themselves), it seems like an easy decision to hire an attorney as soon as possible after your injury.
All it takes is one phone call and a free initial consultation, and you can get help from a car accident lawyer who will take on the insurance company for you.
Distracted Driving Shows No Signs of Abating in California
Distracted driving has become an epidemic, both in California and the rest of the country. Motorists not paying attention behind the wheel has been a problem for as long as people have been driving. It is not just the cell phone that is the cause of the problem, although mobile devices have certainly made the issue far worse. People do other things like conversing with passengers, fiddling with their Infotainment screen, eating, or even applying makeup.
Of course, mobile devices are the current culprit for the spike in distracted driving accidents. Even though fewer drivers are using handheld devices behind the wheel these days, the number of distracted driving accident fatalities has increased from the levels a decade ago. Nearly one in every ten car accident deaths result from a distracted driving accident. These crashes also cause serious injuries that can result in significant economic and non-economic damages.
Texting While Driving Can Lead to Serious Danger
The hazards of texting while driving are multifold. When drivers look down to read or send a text, they have their eyes off the road for at least five seconds. In that time, their car can travel at least the length of an entire football field. Even worse, it can take a driver up to thirty seconds to refocus their attention on the road after they stop looking at their phone. Their mind is still distracted by what they read or thought when they sent the text.
Distracted driving can lead to serious car accidents. These accidents often occur at high speed and with little predictability. For example, when a driver does not see a vehicle stopped in front of them because they are looking down, they can slam into the back of the car in front of them. The force from the impact can cause you to suffer whiplash.
Even worse, distracted driving can lead to far more dangerous accidents. A driver can veer out of their lane on the two-lane road without a median because they lack focus or miss a curve. They may not see a road sign that shifts traffic, and they can end up in a lane of oncoming traffic. Then, the driver may cause a head-on crash, the type of accident with the highest fatality rate. The amount of force that occurs between both cars in a head-on accident can leave survivors with serious injuries that can last for the rest of their lives.
Distracted driving can lead to pileups at high speeds because other motorists cannot respond in time to avoid the accident. All it takes is one driver not paying attention to start a chain-reaction crash involving multiple vehicles.
You Need to Prove Negligence in a Distracted Driving Accident
In any car accident case, you must prove responsibility for the accident and demonstrate negligence to win your case. Presumably, distracted driving is considered negligence, but you still need evidence to win your case.
In some cases, the driver’s actions speak for themselves. After all, reasonable drivers do not rear-end cars in front of them nor sideswipe vehicles when changing lanes. Reasonable drivers also yield at intersections and stop signs. If the driver has done any of those actions, they are likely negligent and at fault for the accident.
Why You Want to Prove that the Driver Was Distracted
However, there are reasons why you may want to prove that the driver was actually distracted at the time of the accident. First, the driver’s actions may not be conclusive proof of negligence, and the other motorist in the crash may be telling a different story than you are. If you do not have other evidence to break the deadlock, you may need to focus on the driver’s distraction in the crash. Otherwise, you can end up without compensation because you have the burden of proof in a car accident claim. If you cannot prove the facts of your case by a preponderance of the evidence, the insurance company will deny your claim, or you will lose your lawsuit.
Proving Distracted Driving Can Help Handle the Insurance Company
In addition, you may also want to obtain some leverage in settlement negotiations with the other driver’s insurance company. When the facts in your case are badly against them, insurance companies may not want to fight you all the way to a jury. They know what can happen when an angry jury sees evidence of a callous driver who seriously injured you. Insurance companies understand that their financial situation can be far worse when a jury rules against them at trial. Accordingly, they may be more pragmatic and want to avoid pushing their luck too much in settlement negotiations.
Your Car Accident Attorney Can Subpoena Cell Phone Records
Accordingly, it may be in your interest to gather proof that the driver was distracted instead of simply trying to infer it from their actions. To do so, you may need to obtain evidence that is not readily available to the average person. One way to prove distraction is to get hold of the driver’s cell phone records. If you suspect that they were using their phone or sending or reading a text at the time of the accident, it may be apparent from a review of their cell phone record from the time of the accident. These records may reveal that the driver was on the internet or using social media when the accident happened.
A car accident lawyer must go through the courts to obtain these records. If you have filed a lawsuit against the responsible driver, your attorney will get a subpoena through the court’s authority, and they will serve it on the driver’s cell phone carrier. Ordinarily, the carrier will need to protect the privacy of their customers, but they must comply with a subpoena validly issued by the court. Your car accident attorney will then review these records for evidence of distracted driving, and they can use this information to help with your case.
Other Evidence That Can Prove Distracted Driving
Alternatively, you can produce other physical evidence that shows distraction. The most helpful form of proof is testimony from objective third parties who saw how the motorist was driving at the time of the accident. Witnesses can testify that they saw the driver acting erratically or swerving from their lane before the crash. When you have other drivers (not related to you) testifying on your behalf, it can strengthen your case.
It can also help your case if the police officer noted distracted driving in the accident report. They may have issued a citation to the driver at the scene if it was highly apparent that the motorist broke the law by using their mobile device while driving. In some cases, distracted driving can be extremely obvious to a police officer, and their conclusion may help when you file an insurance claim.
A Car Accident Lawyer Can Help You Get Compensation
You must contact an experienced car accident lawyer right after the crash so they can perform a complete investigation. You may begin to lose evidence that can prove distracted driving within days after the accident. For example, the driver may try to delete their social media activity if it shows that they were online during the crash (your car accident attorney may still access deleted activity shortly after the accident). If you have witnesses who can testify that the driver was driving while distracted, tracking them down may take a while, and their recollections may fade.
Your car accident lawyer can help you file your claim or lawsuit, and they can handle communication with the insurance company on your behalf. These are tasks that you will struggle to do on your own, mainly because you suffered an injury and lack the knowledge of the legal process.
Then, your car accident lawyer will estimate the damages that you have suffered so they can fight for you to receive fair compensation for your injuries. Even if the insurance company’s driver was clearly at fault, it may choose to fight you over the actual amount it pays you. There is no obligation to accept any settlement offer, especially one that does not even come close to fully paying you. You do not simply have to take what insurance companies offer because you have legal rights, and a car accident lawyer can pressure them to do the right thing. Otherwise, they will find themselves in court in front of a jury, and it may go poorly for them.
Damages in a Distracted Driving Car Accident Case
You may have the right to substantial money if you can prove liability in a distracted driving case. The responsible driver will need to pay all of your damages, including:
Medical expenses
Property damage
Lost income (or reduction in earnings capacity)
Pain and suffering
Loss of enjoyment of life
Scarring and disfigurement
Emotional distress
Embarrassment and humiliation
The insurance company will not give you this money willingly, so you must retain a car accident attorney who will fight for it.
Car accident lawyers do not ask you to give them money when you hire them, making getting the legal guidance you need easier. The contingency fee arrangement is common in personal injury cases, including car accidents. It allows individuals lacking the financial resources to afford an attorney to have access to legal representation. Under a contingency fee agreement, the attorney agrees to handle your case and cover all the upfront costs, such as filing fees, investigation expenses, and expert witness fees. These costs can add up quickly, and having a lawyer cover them can provide peace of mind during a challenging time.
Hiring a car accident lawyer means you don’t have to worry about the financial burden of pursuing your case. The attorney will work diligently to secure a favorable outcome for you, and their payment will come from a percentage of the settlement or verdict amount. This fee structure ensures that your lawyer will work to achieve the best possible outcome for your case because their payment depends on your success.
Remember, hiring a car accident lawyer costs you nothing out of pocket. With their experience and commitment to your case, they can help you navigate the complex legal process, protect your rights, and maximize the compensation you receive. Do not hesitate to contact a personal injury lawyer in Bakersfield– they are here to guide you every step of the way.
Frequently Asked Questions About Distracted Driving Accident Claims in California
How do I file a distracted driving car accident claim in Bakersfield, CA?
There are a few steps to take when filing a distracted driving car accident claim. First, get the medical attention that you need and call 911. Filing a police report and taking photos of the accident is also essential to your case. It’s important to never admit fault for the accident as this could hinder your case moving forward. If you suspect that the driver that hit you was in some way distracted during the accident, it is important that you document that so it can be further investigated when building your case for compensation. Call Mickey Fine as soon as you can after your accident. The sooner that you contact an experienced car accident lawyer, the sooner they can get started on your case.
Who will pay my compensation in a distracted driving car accident claim?
In the event that you are injured in an accident caused by a distracted driver, your compensation will likely come from the insurance company of that driver through your claim. Mickey Fine will help establish liability for your accident and show that the other driver was, in fact, distracted and caused your accident.
How much compensation am I entitled to in a distracted driving car accident claim?
The amount of compensation you are entitled to in a distracted driving car accident claim is determined by many factors. The severity of your injuries, the cost of your medical bills and procedures and the type of insurance coverage the at-fault party has will all influence the amount of compensation you receive for your injuries.
How long will my case take to complete?
Every case is different, and therefore every case takes a different amount of time to complete. If a case goes to trial, it will take much less time to complete than one that doesn’t. There are also factors that can influence the length of a case such as the number of people involved in the accident, the collection of evidence, negotiations and more. In the end, it’s nearly impossible to know how long your case will take but speaking with Mickey Fine and allowing him to investigate your case may give you a clearer idea.
Should I accept an insurance claim for my distracted driving car accident?
The severity of your accident can require a substantial amount of money. Your medical bills, rehabilitation costs, and property damage can cost a lot of money. All of the costs you accrue in an accident will almost certainly be underestimated by the at-fault party’s insurance company, and they will often offer you much less than you deserve. Don’t let this happen to you by accepting an offer that is much less than you deserve. Allow Mickey Fine to investigate your case, establish liability, and seek the compensation that your damages warrant.
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Alternatively, you can produce other physical evidence that shows distraction. The most helpful form of proof is testimony from objective third parties who saw how the motorist was driving at the time of the accident. Witnesses can testify that they saw the driver acting erratically or swerving from their lane before the crash. When you have other drivers (not related to you) testifying on your behalf, it can strengthen your case.