San Diego Distracted Driving Accident Lawyer

San Diego Distracted Driving Accident Attorney

Distracted drivers are more likely than the average driver to be involved in a car crash. If you’ve been hit and injured by a distracted driver, you deserve to be compensated for your suffering. You can hire a San Diego distracted driving accident lawyer to help you hold the responsible party liable for your injuries and other damages.

Trust Perry Law

Perry Law handles personal injury cases exclusively. Our team is intimately familiar with distracted-driving accident laws and how they apply in civil liability cases. If you’ve been involved in a car accident, we can help you file a claim against a distracted driver, gather evidence to support that claim, and negotiate with their insurance company on your behalf. Let us help you get the compensation you need and deserve.

Why Hire a Distracted Driving Accident Lawyer?

Distracted driving is a serious problem here in the Golden State. In 2022, 148 people were killed in accidents involving distracted drivers in California alone, accounting for 3% of all traffic fatalities. San Diego County ranked fifth in the state for distracted driving fatalities and third for accidents that caused serious injuries.

Even if you sustained what you would consider more minor injuries, you could still be eligible to receive compensation to pay for your medical bills, lost wages, and other damages if you hire a distracted driving accident lawyer to help you file your claim. Your lawyer can help with everything from filing important paperwork to gathering and evaluating evidence to support your claim and negotiating with insurance companies on your behalf.

What Is Distracted Driving?

Distracted driving can be considered any activity that diverts the driver’s attention away from the road for any period. When most people think of distracted driving, they automatically think of cell phones. However, other activities that divert your attention can also be considered distracted driving. In general, distracted driving is performing an activity while driving a vehicle that is not necessary for its operation and could impair the driver’s ability to drive safely.

Potential Consequences for Distracted Driving

If you’re caught holding a phone while driving in California, the consequences aren’t all that threatening. The fine for a first-time violation can range from $20 to $50. If you are repeatedly caught using your cell phone, it will add points to your license and increase your insurance premium, but that’s about the worst that will happen.

If you cause an accident because you are distracted while driving, the situation is very different. The potential consequences for a distracted driving accident can include both criminal charges and civil liability. In the most extreme case in which someone gets killed due to another person’s distracted driving, the responsible driver could even face charges of vehicular manslaughter.

How to Hold a Distracted Driver Accountable

To hold a distracted driver accountable, you’ll need to prove that it was their distraction that led to your crash. That requires providing evidence, often in the form of:

• Police reports. The police report generated by the San Diego Police Department following an accident includes details like witness statements, traffic citations issued, and the responding officer’s observations. If the driver received a citation for using their cell phone, for example, you can use that information to show that they were distracted when they caused your accident.
• Cell phone record. The other driver’s cell phone records can also help you prove that they were texting, making calls, or otherwise using their phones immediately before the accident. Your lawyer can subpoena this data while filing your claim.
• Visual evidence. Photos and videos can also help prove distracted driving. Dashcam footage, security camera recordings, and even photos from the scene can all offer a clearer view of what happened.
• Witness statements. Witness statements from other passengers in the liable party’s car can be particularly helpful, but even if the liable party was driving alone, testimony from other drivers or pedestrians who witnessed the accident can also help.

FAQs

What Is the Distracted Driver Law in California?

The distracted driver law in California refers to the fact that drivers are not allowed to hold handheld wireless or electronic devices while operating their vehicles. The law also prohibits other distracting behaviors, such as:

• Eating
• Personal grooming
• Reading
• Reaching for objects
• Changing clothes

Engaging in these behaviors can increase your risk of an accident.

How Much Is a Distracted Driving Ticket in California?

The cost of a distracted driving ticket in California varies. You could be fined $20-50 for holding your cell phone, but the minimum fine for texting while driving is $162. If you cause an accident because you are distracted, you could face criminal charges in addition to potential civil claims.

How Many Seconds Does It Take for a Driver to Be Considered Distracted?

It only takes a few seconds for a driver to be considered distracted. Even glancing away from the road for two seconds can double your risk of getting into a crash, and it takes around four seconds to send or read a short text. If you’re going 55 miles per hour, your vehicle will have traveled the length of a football field in those four seconds. No amount of distraction is worth it.

What Counts as Distracted Driving?

What counts as distracted driving in San Diego, California includes any activity that diverts the driver’s attention away from the road. These activities can include:

• Using a cell phone
• Eating
• Personal grooming
• Reaching for objects on the floor
• Adjusting the radio

It’s illegal to hold a phone for any reason while driving in California, but hands-free devices are permitted.

Your San Diego Distracted Driving Accident Lawyer

If you’ve been injured in a car crash involving a distracted driver, you deserve to be compensated for your injuries and other damages. The team here at Perry Personal Injury Lawyers can help you get fairly compensated for economic and non-economic damages. We’ve been handling distracted driving accident cases for years, so we know what it takes to negotiate an optimal settlement. Contact us to schedule a consultation today.

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