Distracted driving in California encompasses any activity that diverts a driver’s attention away from the primary task of driving. With so many possible distractions on the road, accidents have become increasingly common.
Common and most dangerous forms of distracted driving include:
Under California law, all drivers are prohibited from using handheld mobile phones while driving, with specific restrictions for activities such as texting, emailing, and using social media. For drivers to use a cell phone, it must be “specifically designed and configured to allow hands-free listening and talking, and used in that manner while driving,” according to California Vehicle Code Section 23123.
Under CVC Section 23124, drivers under the age of 18 cannot “drive a motor vehicle while using a wireless telephone or an electronic communications device, even if equipped with a hands-free device.” Violations of these laws will result in a $20 fine for the first offense and $50 for each subsequent offense.
Proving that a driver caused an accident and was distracted involves gathering and presenting compelling evidence. Key evidence may include obtaining the police report, which might document the driver’s behavior and any citations issued for distracted driving. Witness statements from those who saw what the driver was doing, cell phone records can show whether the driver was texting or using their phone at the time of the accident, and traffic camera footage, if available. Your Beaumont car accident attorney may also hire an accident reconstruction expert if necessary to help establish that the driver was distracted and how the distraction contributed to the collision.
Hiring a distracted driving accident lawyer is crucial for several reasons. First and foremost, an experienced injury attorney understands the complexities of distracted driving cases and can effectively navigate the legal system on your behalf. They have the resources to gather essential evidence and build your claim.
Attorneys also possess the negotiation skills necessary to deal with insurance companies. Insurers often try to minimize payouts and deny valid claims when possible. A lawyer can ensure you are not taken advantage of and receive fair compensation for your medical expenses, lost wages, pain and suffering, and other accident-related losses. Additionally, an attorney can represent you in court if a fair settlement cannot be reached, providing vigorous advocacy to secure the best possible outcome.
If you or a loved one has suffered severe injuries in an accident caused by a distracted driver, contact Hanson & Mouri for a free consultation. Our Beaumont distracted driving accident attorney is ready to discuss your case and legal options.