Glendale Distracted Driving Accident Attorneys
Distracted driving is one of the most common causes of accidents in the USA and results in daily tragedy. You may be a competent, safe, and defensive driver, but you can still be the victim of a negligent driver who makes the decision to text and drive. Even if your insurance claim covers a portion of your damages, you may need to file a civil lawsuit against a distracted driver to recover the level of compensation you deserve.
An experienced auto accident attorney can guide you through the legal aspects of your personal tragedy and help you put your life back together. The process involves gathering evidence to support your claim and may require calling upon professional resources such as accident investigators, medical experts, and financial experts to provide information for your claim or lawsuit.
One of the critical legal questions asked in an auto accident is whether or not either of the drivers was distracted while driving. Per the California Office of Traffic Safety, distracted driving is defined as:
"Anything that takes your eyes or mind off the road or hands off the steering wheel – especially when texting or using your phone."
It is explicitly illegal to use a handheld phone to call or text while driving in California, unless doing so with a wireless headset or built-in audio system. However, other activities (while not expressly illegal), can also be considered "distracted driving" and be actionable if any accident occurs as a result:
- Eating or drinking while driving;
- Taking eyes off the road to read or use any device, book, or paper;
- Failing to keep eyes and attention on the road due to distraction caused by a phone (even if the phone belongs to the passenger);
- Heated or emotional discussion while driving; and
- Being on a distracting phone call while driving (even with a hands-free device).
In the event of an accident, the police will work to identify any evidence of distracted driving. Their findings usually show up in the police report and can be a critical piece of evidence in support of your case. If needed, phone records can be subpoenaed to help support an injury case.
In most cases, the distracted driver is responsible for his or her actions. However, in cases where employees are on work-related calls or sending work-related texts, an employer may be liable. For an injury suit to be successful, a great deal of care must be put into how your case is developed and presented. If you’ve suffered serious injury caused by a distracted driver, get an experienced trial lawyer with a record of success on your side.
The best way to protect yourself from distracted driving is to remain aware of your surroundings, other drivers, and the road ahead, and avoid any distractions of your own. You can decrease your reaction time and help prevent collisions by staying alert – even when another person is driving unsafely. Protect yourself and your passengers by avoiding any activity that could distract you from the road and the actions of other drivers.
After following the standard procedures for a car accident (exchanging information, police reports, etc.), the best thing to do is contact a Glendale auto accident attorney. Your case is unique, and the first step is to have an injury lawyer review and evaluate the facts.
Working with competent legal counsel is vital to the success of your claim, as insurance companies will attempt to minimize the amount of compensation. If you are without an attorney, they will try to buy you off with a low settlement offer. Without legal counsel, you may find yourself without enough money to provide for yourself and your family after a serious injury.
At Aghabegian & Associates, P.C., we scrutinize each case to establish the maximum compensation deserved – and then pursue it with the full force of our decades of experience and knowledge. We have successfully recovered millions for our clients. Serving clients throughout Los Angeles County, we are a multilingual (English, Farsi, Spanish, and French) firm that is here to help you through this challenging time. Call us today at (818) 507-4311 for a free consultation.
- Distracted Driving - CA Office of Traffic Safety
- Distracted Driving - CDC
- Distracted Driving - NHTSA