Driving While Distracted

Everyone’s been in a situation where another driver almost caused an accident because they were looking at their cell phone or otherwise distracted. Unfortunately, not every driver is so lucky. In fact, distracted driving accidents are one of the most common types of car accidents in Southern California. If you were hurt by a driver who was driving while distracted, Power Trial Lawyers can help. Our aggressive team of Orange County car accident lawyers has more than ten years of hands-on experience helping accident victims and their families secure fair compensation for everything they’ve been put through.

This is a very good question and one that experts are still hoping to answer. However, based on anecdotal evidence and the few studies that have been completed on the subject, it would appear that the increase in distracted driving is due to people taking on greater responsibilities than ever before. For example, many people in Southern California work two jobs, take their children to school, and have busy social calendars. This leaves little time for people to text and talk in the safety of their homes and, instead, they decide to “multitask” and use their phones while driving.

Driving while distracted is not a new problem. In fact, it’s been an issue for decades. While the rate of distracted driving has increased significantly over the past two decades—due to the prevalence of cell phones —there are plenty of non-cell-phone-related distractions. Some of the most common distractions drivers in Southern California experience include:

• Reading,
• Eating or drinking,
• Talking with passengers,
• Dealing with children in the back seat,
• Changing the radio station or GPS destination,
• Daydreaming, and
• Personal grooming.

Regardless of why someone is driving while distracted, the end result is that they are putting everyone else on the road at risk. After a distracted driving accident, those injured in the collision can pursue a Southern California personal injury claim against the person who was driving while distracted.

Under California Law, any accident victim has the right to seek financial compensation for their injuries from the at-fault party. However, receiving compensation is not a matter of right; you must prove that the person named as a defendant in the lawsuit was legally responsible for your injuries. To do this, you must establish the legal elements of negligence.

A typical negligence analysis requires you to prove that the other party violated a duty of care that was owed to you and that their actions were the cause of your injuries. You must also prove that you suffered economic or non-economic damages. This may include any of the following:

• Medical expenses,
• The need for future medical care,
• Lost wages,
• Decrease in earning capacity,
• Property damage, and
• Pain and suffering.

Keep in mind that the other driver will almost certainly be represented by an insurance company whose job it is to minimize your recovery to the fullest extent possible. This is why it is imperative to have an experienced Orange County personal injury lawyer help with the preparation of your case.

If you or someone you love was injured in a car crash and you suspect that the other driver was distracted, Power Trial Lawyers, P.C. is here to help. At Power Trial Lawyers, P.C., we have the skill, experience and knowledge you need to maximize your recovery. We are effective negotiators who regularly obtain robust damages awards for our clients through settlement negotiations with insurance companies. At the same time, we are also seasoned litigators who do not hesitate to stand up from the negotiation table and head into the courtroom when 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 844-844-POWER (7693). 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.