Redlands Distracted Driving Accident Attorneys

Fighting For Distracted Driving Accident Victims in California

When you are driving, you should be focused on the road and the task at hand. Unfortunately, many drivers are distracted by their cell phones, GPS devices, and other distractions. When a driver is not paying attention to the road, they can cause a serious accident that results in catastrophic injuries or even death.

If you or a loved one has been injured in a distracted driving accident, you may be entitled to compensation. At Dolen, Tucker, Tierney & Abraham, our Redlands distracted driving accident lawyers can help you understand your rights and options.

Injured in a distracted driving accident? Contact us today at (909) 473-4948 to speak with an experienced attorney and get the compensation you deserve!

What Is Distracted Driving?

Distracted driving is any activity that takes a driver’s attention away from the road. This can include both physical and mental distractions. There are three main types of distractions that can occur while driving:

• Visual distractions, which take your eyes off the road
• Manual distractions, which take your hands off the wheel
• Mental distractions, which take your mind off driving

Texting while driving is especially dangerous because it combines all three types of distractions. When you send or read a text message, you take your eyes off the road for an average of 5 seconds. At 55 mph, this is the equivalent of driving the length of an entire football field with your eyes closed.

Common Types of Distracted Driving

However, texting is not the only way that drivers can become distracted. Other common distractions include:

• Talking on a cell phone
• Using a GPS device
• Adjusting the radio or climate controls
• Eating or drinking
• Grooming
• Talking to passengers
• Watching a video

Any of these distractions can cause a driver to take their eyes, hands, or mind off the road, which can lead to a serious accident.

Common Injuries in Distracted Driving Accidents

Common injuries sustained in these accidents include:

• Whiplash and Neck Injuries
• Traumatic Brain Injuries (TBI)
• Spinal Cord Injuries
• Broken Bones and Fractures
• Internal Injuries
• Cuts and Lacerations
• Emotional and Psychological Trauma

What Damages Could Be Recovered in a Distracted Driving Accident Claim?

Several types of damages can be recovered when pursuing a claim for a distracted driving accident. These damages aim to compensate for the accident's tangible and intangible losses.

• Medical Expenses: This includes all expenses related to treating injuries sustained in the accident. Medical expenses cover hospital stays, surgeries, doctor visits, physical therapy, medications, and any future medical care required for ongoing recovery.
• Lost Wages: If injuries from the accident prevent you from working, you may be entitled to compensation for the income lost during your recovery period. This also includes potential future earnings if the injuries result in long-term or permanent disability.
• Pain and Suffering: Compensation for pain and suffering addresses the physical pain and emotional despair caused by the accident. This can be a significant portion of the claim, reflecting the impact on your quality of life.
• Property Damage: Harm to your vehicle and any personal property can be recovered, ensuring you are compensated for repair or replacement costs.
• Loss of Consortium: In some cases, the accident may affect the victim's relationship with their spouse or family members. Loss of consortium claims compensate for the loss of companionship, support, and intimacy resulting from the injuries.
• Punitive Damages: Punitive damages may be awarded in cases where the distracted driver's behavior was particularly egregious or reckless. These are intended to punish the negligent party and deter similar conduct in the future.
• Rehabilitation and Therapy Costs: The road to recovery often involves extensive rehabilitation, including physical therapy, occupational therapy, and psychological counseling. Compensation can cover these necessary expenses to aid in your recovery.
• Funeral and Burial Expenses: In the tragic event of a fatality, compensation may be sought for funeral and burial costs and the financial support the deceased would have provided to their family.

How to Prove Distracted Driving in an Accident

In distracted driving accident claims, proving that the other driver was distracted is essential. Establishing this can make a significant difference in your case. Our attorneys are here to help you gather the necessary evidence, which can include:

• Witness Testimony: Statements from individuals who witnessed the accident or observed the driver’s behavior before the collision. They may have seen the driver using their phone, talking to passengers, or engaging in other distractions.
• Traffic Camera Footage: In some cases, traffic cameras or surveillance footage from nearby businesses can capture the accident itself or show the driver engaging in distracting activities right before the crash.
• Cell Phone Records: If the driver was texting or calling at the time of the accident, cell phone records can be used to confirm that the driver was distracted. This is often one of the most reliable forms of evidence.
• Accident Reconstruction: Expert witnesses can recreate the accident scene to determine if distracted driving played a role. They will use the physical evidence from the crash site and analysis of the collision to provide a detailed reconstruction.

Steps to Take After a Distracted Driving Accident

If you’ve been involved in an accident with a distracted driver, follow these important steps:

• Seek Medical Attention: Even if your injuries seem minor, always seek medical care immediately. Some injuries, like concussions or soft tissue damage, may not be immediately apparent.
• Call the Police: Report the accident to the authorities, and make sure they file an official police report. This document is crucial for your claim.
• Collect Evidence: Take clear photos of the accident scene, any damage to vehicles, and visible injuries. Also, gather contact information from any witnesses.
• Document Everything: Keep track of your medical treatments, prescription costs, medical bills, and any wages lost due to missed work. This will be vital for your claim.
• Contact an Attorney: Speak with an experienced lawyer who can guide you through the legal process. An attorney will help you gather additional evidence and ensure your rights are protected.

How Long Do You Have to File a Distracted Driving Accident Claim in California?

In California, you typically have two years from the date of the accident to file a personal injury claim. However, this deadline can vary depending on the details of your case. It’s important to act quickly, as evidence can be lost or destroyed over time. Consulting with an attorney early ensures you meet all necessary deadlines and preserve vital evidence for your case.

Frequently Asked Questions (FAQs) About Distracted Driving Accidents

• Can I still file a claim if I was partially at fault for the accident?
  Yes, California follows a comparative fault rule, meaning you can still file a claim even if you were partially at fault. Your compensation may be reduced based on your percentage of fault in the accident. An attorney can help assess your situation and ensure you get fair compensation.
• What happens if the distracted driver doesn’t have insurance?
  If the driver at fault in the accident does not have insurance, you may be able to file a claim through your own insurance policy, such as uninsured motorist coverage. If you don't have this coverage, an attorney can help explore other options, including suing the driver personally.
• What if the distracted driver was using a company vehicle?
  If the distracted driver was using a company vehicle, the employer might be held liable for the accident under a legal concept called "vicarious liability." You may be able to pursue compensation from the company’s insurance, in addition to the driver’s personal insurance.
• How do I prove that the driver was texting when the accident occurred?
  To prove that the driver was texting, your attorney can subpoena the driver’s cell phone records or request a search warrant if necessary. If the driver admits to texting or if there are eyewitnesses who saw them texting, that can also strengthen your case.
• What is the role of an accident reconstruction expert?
  An accident reconstruction expert can analyze the evidence from the crash scene, such as skid marks, vehicle damage, and crash angles, to determine how the accident happened. They can also help establish if distracted driving played a role in the crash.
• Is it necessary to hire an attorney for a distracted driving accident claim?
  While it is possible to handle a distracted driving accident claim on your own, hiring an attorney is highly recommended. An attorney will help you navigate the complex legal process, ensure you gather the right evidence, and maximize your chances of securing the compensation you deserve.

Contact Our Redlands Distracted Driving Accident Lawyers Today

If you suffered injuries because of a distracted driver, our Redlands distracted driving accident attorneys are here to help you. We can provide you with the legal advice you need to know what your next steps should be.

Need legal help after a distracted driving crash? Contact us now at (909) 473-4948 to schedule your consultation and protect your rights.