Distracted Driving Accident Lawyer

Distracted driving accidents are becoming more and more common. Yet it’s hard to prove distracted driving, namely because drivers are hesitant to admit they were texting or talking while driving. Avoid a serious accident by knowing the laws, shocking facts, and serious injuries associated with this dangerous and risky behavior.

If you were injured in an accident, our distracted driving lawyer can help you with your car accident claim. Call us at (800) 719-9779 to get your distracted driving case started.

California’s Distracted Driving Laws

California has millions of drivers on its roads and highways which all adds up to motorcycle accidents, car crashes, truck accidents, and more. The state does have a law that bans all drivers from using handheld cell phones while driving, but that law doesn’t affect passengers.

There are a few exceptions to this rule:

• You can make an emergency call to law enforcement, the fire department, or a medical aide
• Those operating authorized emergency vehicles can use a phone
• If you may use a handheld phone if you are driving on private property
• A violation of the handheld cellphone ban will not count as a point on your driving record.
• The police are authorized to pull you over for breaking this law

Hands-Free Cell Phone Laws in California

There are specific rules that apply to drivers and hands-free cell phones. The total fine for a first-time violation will likely exceed $150 and a second offense might easily cost you over $250.

Drivers 18 and Older

Drivers who are 18 years of age (or older) are allowed to use hands-free phones when driving. These drivers can use a Bluetooth device (or another earpiece) but can’t cover both ears. The law also permits drivers over 18 to use the speakerphone function on a wireless phone.

Drivers Younger Than 18

For drivers under 18 years old, the law is much more strict. Drivers under 18 cannot use a pager, laptop, wireless phone, or any electronic communication device even if it’s hands-free. Again, there is an exception for using a wireless device in an emergency situation. California has imposed heavy fines to try to get young drivers to stop texting and driving.

Examples of Distracted Driving Behaviors

Being a distracted driver includes any task that takes your attention off the road. Texting, emailing, and using a navigation system are some of the most common forms of distracted driving. Yet there are many other activities that are considered distractions, including:

• Eating or drinking while driving
• Reading
• Watching a video
• Using the mirror for applying makeup
• Adjusting music or controls
• Talking to passengers
• Handling children or pets

Let’s not forget that many drivers will do more than one of these activities simultaneously. Talking on a cell phone while driving and adjusting the radio is just inviting a crash. The reality is that driving is dangerous enough even when you follow the law, but when you start taking your eyes off the road, your chances of an accident increase exponentially.

Safety Experts Classify Distractions into 3 Categories

1. Manual distractions are when you remove your hands from the wheel.
2. Cognitive distraction is when your mind wanders, and you don’t pay attention to driving.
3. Visual distractions are those for which you focus your eyes away from the road.

Distracted Driving Causes Serious Injuries

Distracted driving accidents can result in serious injuries, depending on the speed of the vehicle and the point of impact. Some of the common injuries we see in distracted driving accidents include:

• Back and neck injuries
• Traumatic brain injuries
• Broken bones/fractures
• Amputation/loss of limb
• Wrongful death
• Spinal cord injuries

Distracted Driving Statistics

According to the National Highway Traffic Safety Administration (NHTSA), distracted driving claimed 3,142 lives in 2020. More than 400,000 people suffered injuries in a motor vehicle crash involving a distracted driver.

There have been numerous studies over the years on the risks of distracted driving. And, there are some major differences in the data depending on what type of vehicle you drive.

Trucks and Oversized Vehicles

Dialing on a cell phone made the risk of a crash about 5.8 times higher compared to non-distracted. Speaking or listening to a cell phone made the risk of an accident 1 time as high as non-distracted. Text messaging made the odds of a crash (or near crash) about 23 times higher than non-distracted. Drivers are 7 times more likely to crash when they are using or reaching for an electronic device.

Small Non-Commercial Vehicles

Dialing a cell phone made it almost 3 times more likely to cause a crash, compared to a non-distracted driver. If a driver reaches for a cell phone they are 1.5 times more likely to crash compared to non-distracted drivers. Speaking or listening to a cell phone made the risk of a crash about 1.3 times more likely when compared to a non-distracted driver.

Distracted Driving Facts

Sending or reading text messages takes your eyes off the road for about 5 seconds on average. People using cell phones are 5 times more likely to get into a wreck than non-distracted drivers. A University of Utah study found that talking on a mobile phone while driving is equal to driving with a .08% blood-alcohol level.

Text messaging will increase the risk of a car crash by about 23 times. Distracted driving leads to almost 5,000 deaths a year in the United States. Even when people put away their phones, they are still distracted for up to 26 seconds. Over 650,000 drivers are using their cell phones while driving at any given minute.

Teen Drivers and Distracted Driving

It is not surprising that teen drivers are the most likely to be distracted behind the wheel. An AAA study found that teenagers are distracted while driving about 25% of the time. That is a alarming considering that is 1 out of 4 teens distracted behind the wheel.

In a similar study, AAA found that almost 60% of teenage car accidents that involved a fatality had some form of distracted driving. The two most common types of teen driving distractions include using a cell phone and talking to passengers.

Contact Our Distracted Driving Attorney

If you or a loved one was injured in a distracted driving accident, call us today for a free consultation. Our distracted driving lawyers have many years of experience holding negligent drivers (and the insurance company) accountable for their actions.

Don’t fight the insurance company alone. We have an aggressive and dedicated legal team to make sure that your needs are met. We won’t just settle with the insurance company to get an easy payday, we’ll ensure you get maximum compensation for the injuries you suffered.

Let Daniel Kim help you file a successful distracted driving accident claim. We have locations across California including Los Angeles, Orange County, San Diego, Riverside, and San Bernardino County. You only pay us after we win your case. Call us to schedule your free consultation.