According to the California Office of Traffic Safety (OTS), distracted driving increases the risk of getting into a crash by three times. Distracted driving accidents can result in death, serious injuries, and expensive damage to property.
In 2018, more than 2,800 people died because of distracted driving on U.S. roads, according to the National Highway Traffic Safety Administration (NHSTA). It is not only other car drivers and passengers that are at risk of distracted driving. The NHTSA figures for 2018 fatalities include 400 pedestrians and 77 cyclists. Distracted drivers are carelessly endangering the lives of all road users.
If you were injured or a loved one died because of a distracted driver’s negligence, you could be able to receive compensation for your losses. Contact Pintas & Mullins Law Firm at (800) 794-0444 for a free consultation from a Los Angeles distracted driving accident lawyer today.
Types of Distracted Driving
We have all seen a distracted driver with a cell phone in hand. However, using a phone while driving is not the only way a car driver can cause an accident. Distracted driving is a term that includes a number of activities and various forms of inattention that can take a driver’s attention and focus off the road, away from where it should be. Distracted driving can include:
- Cell phone use
- Eating or drinking
- Applying makeup
- Looking at the GPS
- Interacting with other car passengers
- Playing loud music
- Adjusting the stereo
There can be many reasons why a car driver could be distracted. Getting into an accident with a distracted driver is not only frustrating, as these accidents are usually easily avoidable, it can also be costly.
Through someone else’s momentary inattention could leave you with a stack of medical bills, lost wages, and other damages. If the insurance of the guilty party does not cover all of your losses or puts up a fight, taking legal action might be beneficial to you. A personal injury lawsuit could also protect you and your family from further losses arising from future medical bills or loss of earning capacity. Do not let an insurance company short-change you.
Proving Negligence in Distracted Driving Cases
Proving that another driver was negligent and distracted is not easy or straightforward. You may require eye witness testimony, traffic camera footage, police report evidence, and any other supporting evidence you can gather to help your case.
It might be helpful to you to have a car accident attorney by your side who knows the law and can potentially help you prove the negligence of another driver. This way, you can focus on your recovery, or grieving your loved one.
To successfully prove the negligence of a distracted car driver, a plaintiff needs to prove four elements:
- The driver owed you a duty of care.
- The driver breached their duty of care.
- This breach caused the accident.
- Your accident resulted in expenses and injuries.
In general terms, all road users owe a duty of care to other road users. If you can prove that a distracted driver breached their duty to you, that this breach caused your accident, and that your damages were caused by this accident, you could argue that the driver was negligent.
A Los Angeles distracted driving accident lawyer from Pintas & Mullins Law Firm might be able to help you determine who was negligent in the crash.
For a free legal consultation with a Distracted Driving Accidents Lawyer serving Los Angeles, call (800) 794-0444
The California Statute of Limitations
Acting quickly after an accident can be important when you are considering legal action against a distracted driver. The California statute of limitations time limit for personal injury cases is generally two years, starting at the date of the accident, or one year after you discover an injury. For property damage resulting from a car accident, the statute of limitations sets a time limit of three years.
Healing is always the top priority, especially if you suffered from extensive injuries. Contacting a distracted driving accident lawyer as soon as possible could help with costs for medical treatments and other expenses.
Los Angeles Distracted Driving Accidents Lawyer Near Me (800) 794-0444
Compensation You Could Recover
If you have been the victim in an accident with a distracted driver, you may have expenses and losses above and beyond what the insurance of the liable party agrees to pay. Car accidents can be extremely costly, especially if your vehicle is extensively damaged or you have suffered serious injuries. If you can prove that the accident was the distracted driver’s fault, some of the compensation you could receive from a personal injury lawsuit can include:
- Medical bills and future medical bills.
- Loss of wages and future earning capacity.
- Physical and emotional pain and suffering.
- Medical devices and accessories.
- In-home help.
- Permanent disability.
This is not an exhaustive list, and you might be able to claim other damages. A car accident lawyer can advise you on the types of compensation you could receive for your specific accident.
A dedicated Los Angeles distracted driving accident lawyer can fight for your best interests, and you could receive compensation not only for your present damages, but potentially future medical costs or lost wages as well. It is important to protect yourself, especially if you do not know what future problems could arise from the injuries you suffered.
Pintas & Mullins Law Firm Might Be Able to Help
If you suffered damages in an accident with a distracted driver, you could receive compensation. If the accident happened due to negligence of the other driver, we might be able to help.
We can determine whether you have a case and will be by your side during the entire process of a personal injury lawsuit. While your priority should be on getting better and healing, we can take some weight off our shoulders and gather evidence, witnesses, and even negotiate with insurance companies, if needed.
We do not shy away from tough cases, and there is no need to worry about any upfront costs or expenses when you decide to work with us. We work on contingency and get paid when we win your case. Call Pintas & Mullins Law Firm today and find out how you can get compensation for your car accident at (800) 794-0444.