Distracted driving is a serious danger on California roads. In 2023, distracted driving resulted in 96 deaths and nearly 10,000 injuries, according to the California Highway Patrol (CHP). Although the rate of distracted driving in California is lower than the national average, thanks to our strict laws against cell phone use, that is little consolation when you have been hurt or lost a loved one due to a distracted driver.

However, the law does offer remedies when you have been the victim of a distracted driver. With the help of a distracted driving accident lawyer, you can get compensation that can help pay for bills, make up for lost wages, and even pay you for trauma and the impact on your enjoyment of life. At Fisher & Talwar, we have helped many people get compensation after serious car accidents, including those where a driver’s distraction caused or worsened the accident. Please contact us today for a free consultation to learn how we can help you. 

What Is Distracted Driving?

Distracted driving is when a person is driving without their full attention on the task. Because of the complexity and potential risks of operating a motor vehicle, drivers are expected to give it their full attention.

Unfortunately, people often give their attention to other things while driving. Some common distractions while driving include:

  • Cell phones, including texting
  • Eating
  • Operating the radio or other aspects of the car console
  • Other people in the car
  • Grooming: applying makeup, doing hair, or getting dressed
  • Reaching for items
  • Rubbernecking: watching events outside the car, such as an accident 

However, anything someone does in the car while they are supposed to be driving can be considered a distraction. 

Texting is commonly cited as one of the most dangerous distractions. The average time to write a text message is 4.5 seconds. During that time, a car moving 55 mph would travel more than the length of an average city block in Los Angeles. A lot can change on the road in that time, creating a high risk of accidents.

Distracted Driving Is Illegal in California

The CHP makes it clear that it considers distracted driving to be illegal, and it will enforce infractions under a number of different statutes. When one or more drivers in your car accident were cited for distracted driving-related offenses, it can help you get compensation for your injuries.

Handheld Cell Phone Ban

The clearest definition of illegal distracted driving is California’s “no touch” cell phone ban. Drivers under the age of 18 may not use their cell phone at all while driving. Drivers age 18 and above may only use their cell phone using a hands-free interface, such as voice commands. Anyone seen handling their phone while driving can be ticketed. 

Reckless Driving

The CHP can also cite distracted drivers for “reckless driving.” California statutes define reckless driving as “[driving] a vehicle . . . in willful or wanton disregard for the safety of persons or property” (§ 23103 VC). Performing a distracting task while driving might be considered reckless driving to officers on the scene of an accident.

Unsafe Speed

The CHP has also said that it might cite distracted drivers for traveling at unsafe speeds. California’s basic speed law says “No person shall drive a vehicle upon a highway . . . at a speed which endangers the safety of persons or property.” (§ 22350 VC). Speed impacts the risk associated with a driver taking their eyes off the road. A distracted driver might be considered driving at an unsafe speed depending on how far their car travels while they are not looking at the road. 

The Negligence Standard

When trying to win a verdict in court, you and your lawyer must prove that other drivers or individuals who contributed to the accident violated the negligence standard. Most car accident cases don’t make it to trial, but the ability to prove the negligence standard will make higher settlement offers more likely. 

The negligence standard consists of four parts:

  • Duty: A person owed you a duty to take your safety into account when acting. California law makes it clear that everyone who operates a vehicle has a duty to all people and property they encounter. 
  • Breach: A person violated their duty. Distracted driving is a clear violation of a person’s duty to operate their vehicle in a safe manner. 
  • Causation: The person’s breach caused the accident that led to your injury. A distracted driver is more likely to be involved in an accident, making it easy to link a person’s breach to your injuries. 
  • Damages: These are the negative outcomes that come from your accident, such as medical bills, lost wages, and property damage. This is where you can determine the amount of compensation you are entitled to in your lawsuit. 

A distracted driving accident lawyer knows how to put all these elements together to achieve a successful verdict. When the defendant’s lawyers know that your lawyer has a track record of success, they are more likely to offer better settlements, so you won’t need to go to trial. 

Comparative Liability

In California, distracted driving accident lawsuits and other personal injury cases are governed by the state’s use of pure comparative liability. This means that you can pursue a lawsuit against other drivers even if you are partly to blame for an accident. However, your compensation will be decreased by the amount that you are to blame for your accident. 

For example, if you are 30% responsible for your accident, then the other driver would only be responsible for 70% of your damages. 

How to Prove Distracted Driving

Distracted driving is a clear violation of a person’s duty to other drivers on the road. However, how can you establish that a person was distracted while driving? 

There are several ways that this might be proven, including:

  • Citation: Another driver or drivers were cited for a cell phone violation or reckless driving
  • Cell phone records: Another driver or driver’s cell phone records can reveal whether they were texting or using their phone at the time of the accident
  • Witnesses: If someone saw another driver or drivers being visibly distracted or driving in a reckless fashion
  • Traffic and other cameras: Sometimes, traffic cameras and other cameras near the scene of the accident might capture images of the driver using their phone or otherwise distracted
  • Driving record: Another driver or drivers might have a history of distracted or reckless driving that can help support that they were distracted during this incident

All of these tools can help show that one or more drivers in your accident were distracted. 

Why Choose Fisher & Talwar as Your Distracted Driving Accident Attorneys

When you are trying to find an attorney to handle your distracted driving accident case, you want to find one who will give you the best chance of success without putting your family at risk of additional burdens. At Fisher & Talwar, we have a track record of success, and we will dedicate ourselves personally to your case. We also have a fee structure that protects your family from unexpected expenses. 

A Record of Success

At Fisher & Talwar, we have a track record of winning large verdicts and settlements for our clients. In one case, we obtained $6 million for the family of a person killed in an auto accident. We also won $4 million in one case and $1.4 million in another case involving defective tires that caused traffic accidents. What compensation is possible in your case will be determined by the circumstances of that case, but these successes show what we are capable of when there’s an opportunity for a large verdict or settlement. 

Personal Attention

Although our ability to win large verdicts might make you think we’re a huge firm, Fisher & Talwar is a small firm that believes in giving personal attention to each of our clients. When we take your case, it will be handled by one of our partners personally. You can trust that your case will be handled by the most qualified attorney at our firm, so you never have to worry about being handed off to a junior attorney or paralegal. 

No Fees Unless We Win

We handle distracted driving lawsuits on a contingency basis. That means that we don’t get paid unless we win payment for you. Your family has enough to deal with in the aftermath of your distracted driving accident. You don’t need lawyer bills on top of it unless you get money to help. 

No Expenses, Ever

Sometimes, lawyers charge you for expenses related to your lawsuit in addition to their fees. You might also be expected to pay these expenses even if a lawyer doesn’t win your case. At Fisher & Talwar, we think that feels like an extra fee. That’s why all our expenses are included in our fee–what you agree to is what you will pay. And if we don’t win your case, you pay nothing. No fees. No expenses. Nothing. 

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Were you hurt or did you lose a loved one in a car accident with a distracted driver? Are you currently struggling with more bills but have less income to pay them? Let Fisher & Talwar help you get compensation for your injuries or loss. We have helped many people in your circumstances to get compensation after a distracted driver accident. Please contact us today for a free initial consultation. It’s completely confidential and comes with no obligation whatsoever.