Distracted Driving Accidents

Los Angeles Personal Injury Lawyers Aggressively Representing Car Accident Victims Throughout Southern California

Distracted driving is one of the leading causes of car accidents in Southern California. In fact, almost 75 percent of all California drivers identified distracted driving as their primary traffic safety concern. At Power Trial Lawyers, P.C., we have extensive, hands-on experience advocating for the rights of accident victims and their families. Our attorneys are prepared to take your case up with the insurance company in hopes of securing full and fair compensation for everything you’ve been through. 

How Common Is Distracted Driving?

Both in California and across the United States, distracted driving is extremely common. This is especially the case over recent years, as cell phone ownership among Americans reaches nearly 100 percent. For example, in 2020, the National Highway Transportation Safety Administration reported that there were 3,142 people killed in distracted driving accidents. However, experts also note that the true number of distracted driving accidents can be hard to determine because evidence that a driver was distracted may not be apparent at the time police officers write up an accident report. 

What Are the Most Common Types of Distracted Driving?

Distracted driving refers to a driver engaging in a behavior that removes their attention from where it should be—the road. Some of the most common types of distracted driving include:

• Texting;
• Talking on the phone;
• Dealing with children in the back seat;
• Daydreaming;
• Eating, drinking or grooming;
• Scrolling social media;
• Reading; and
• Fiddling with the stereo, GPS or other electronics in the vehicle. 

Keep in mind that, after an accident, it may not be clear that another driver was distracted. For example, most drivers are not going to admit that they were texting or otherwise distracted, and police officers are not likely going to ask to review the driver’s phone in the immediate aftermath of an accident. However, there is often evidence of a driver’s distraction available; you just have to know where to look. At Power Trial Lawyers, P.C., we have handled many Los Angeles car accidents that initially looked like an “honest mistake” but turned out to be caused by a driver’s cell phone use. 

Are Distracted Drivers Financially Responsible for an Accident

Yes, distracted drivers who cause a Southern California car accident can be held financially liable for an accident victim’s injuries. However, to successfully bring a personal injury claim based on a distracted driving accident, you must be able to prove that the other driver was legally negligent. 

In this context, negligence is a legal term that largely comports with the word’s common meaning. However, to prove that another driver was negligent, you must present evidence to establish each of the following:

1. The other driver owed you a duty of care;
2. The other driver violated that duty;
3. The other driver’s actions or omissions caused or contributed to your injuries; and
4. You suffered legally recognizable damages as a result of the accident. 

In terms of proving a Los Angeles distracted driving accident, the first element rarely poses a hurdle. This is because all drivers owe a legal duty to everyone else on the road, including other drivers, passengers, pedestrians, motorcyclists and bicyclists. However, the remaining elements of a negligence claim are often contested. A Southern California personal injury attorney with experience handling distracted driving accidents can help accident victims understand their rights and how to effectively pursue a claim against the responsible party. 

How Long Do I Have to Bring a Distracted Driving Lawsuit in California?

Under the California statute of limitations for personal injury cases, you have two years from the date of the accident to file a car accident lawsuit. While there may be exceptions that give you additional time, it is best to reach out to a Southern California car accident lawyer as soon as possible to ensure that your claim is timely. If you miss the statute of limitations, you will almost certainly be left without any way to bring a claim against the at-fault driver. 

Were You Hurt in a Distracted Driving Accident in Southern California?

If you or a loved one was seriously injured in a car accident, and you suspect that the other driver was distracted, Power Trial Lawyers, P.C. can help. At Power Trial Lawyers, P.C., we have the skill, experience and tenacity you need to feel comfortable entrusting us with your case. We are effective negotiators who routinely secure fair damages awards for our clients through settlement negotiations with insurance companies. However, we are also seasoned litigators that will not hesitate to scrap negotiations and head into the courtroom when it appears as though the insurance company isn’t willing to extend a fair settlement agreement. To learn more, and to schedule a free consultation with an attorney today, call (888) 808-2179. You can also connect with us through our online contact form. We proudly represent clients in Los Angeles County and Orange County and have conveniently located offices in Los Angeles and Newport Beach.