LOS ANGELES CAR ACCIDENT LAWYER

If you’ve been injured in an auto accident due to the negligence of another driver, don’t jeopardize your case by hiring a random lawyer. Car accident attorneys at Fisher & Talwar obtain the best possible results for their clients in Los Angeles and the Greater Los Angeles area.

Examples of Recent Clients We Helped

Accident at an Intersection:

A case involved a two-car accident that occurred at the intersection of Vermont Avenue and Artesia Boulevard in the City of Gardena. Plaintiff was a passenger in a vehicle driven by Defendant “X”. As Defendant “X’s” vehicle went through the intersection of Vermont Avenue and Artesia Boulevard, it collided with another vehicle that was driven by Defendant “Y”. Plaintiff successfully claimed that Defendant “Y” ran the red light facing her direction of traffic and the Defendant “X” was inattentive and failed to take reasonable steps to avoid the accident.

Car Accident on a Freeway:

Plaintiff was at a complete stop on a freeway. Defendant fell asleep while driving at approximately 60 miles per hour and rear-ended Plaintiff’s vehicle. Plaintiff suffered severe lacerations to the tendons in her right arm. Plaintiff successfully argued that the Defendant was negligent in the manner he operated his vehicle.

Wrongful Death Case: Vehicle Rollover Accident

This case involved a two-vehicle accident that occurred on the 60 westbound freeway near the City of East Los Angeles. Decedent was a passenger in a crowded 2006 Lincoln Navigator that was operated by a Defendant who was driving while under the influence of alcohol. As a result of Defendant’s negligence, Decedent and a number of other occupants were ejected from the Lincoln Navigator following a collision between the Navigator and another vehicle. Decedent’s heirs successfully argued that Defendant had violated California Vehicle Code Sections 23152 (driving under the influence of alcohol) and failing to comply with the mandatory seat belt law as codified in California Vehicle Code Section 27315(d)(1).

Transcript

In every automobile accident case you have to prove three things. First, you have to show that the defendant was negligent. What that means is, you have to prove that the defendant failed to act as a reasonable person would under the given circumstances. Second, you have to show is that you have suffered some type of injury as a result of the defendant’s conduct. Third, you have to show that the defendant’s conduct was a substantial factor in causing the harm that you have suffered.

Vibhu Talwar

auto accident handbook

Why You May Want to Hire A Car Accident Attorney

Experience and Knowledge of the Law.

If you are not familiar with personal injury law, the insurance companies will take advantage of you. Los Angeles car accident lawyer Vibhu Talwar knows California tort law. By hiring an attorney you will get sound legal advice and the best possible result for your injuries.

Fair Compensation

Car accident attorneys know tort law and have successfully handled thousands of auto accident cases. Thus, by hiring one, you can concentrate on recovering from your injuries, while your attorney works hard to get you the most money.

Time is Critical

If you do not take certain steps immediately following a car accident, you can diminish the value of your case. That is why time is of the essence when it comes to seeking car accident compensation. For instance, delaying medical treatment or not filing the necessary claim in accident involving a governmental entity can diminish the value of your case or, in some situations, prevent you from seeking compensation for your injuries.

Insurance companies are always looking for ways to reject or minimize your claim. Often, your delay in seeking medical treatment for your injuries prompts insurance companies to claim that you were not really hurt because you waited too long to get treatment or that the injuries you suffered were only minor.

In other situations, the insurance companies want you to sign a blanket medical authorization so that they can comb through your highly private medical records so that they can and argue that your injuries were pre-existing and not related to the subject accident.


How Much Compensation Can You Expect?

It’s hard to say exactly how much you’ll get without knowing the facts of the case because the amount of money recoverable for an auto accident depends on several different factors.

The following are some of the factors that determine how much money may be awarded to an injured person(s):

  • Extent of physical injuries – compensation is typically higher for more severe injuries. A person who loses a limb or suffers permanent brain damage may receive a much larger sum than someone who missed work due to pain.
  • Medical costs (current and future) – the higher your costs are the more compensation you are likely to receive to cover them.
  • Lost wages – this can vary from simple calculations for how much pay you missed based on your salary rate to loss of fringe benefits, commissions, cost of living increases in salary, promotions and bonuses. The longer you go without work the more factors are considered in lost wage calculations.
  • Property damage
  • Discomfort and duration of your injuries – as part of “pain and suffering” (general damages) you may be able to recover compensation for discomfort depending on what type of injuries you sustained.
  • Loss of companionship, lost earnings, emotional harm – types of compensation recoverable when one or more persons die in a car accident and the surviving spouse, children or family members file a lawsuit.

No Attorney’s Fee Unless We Get You Money

You pay nothing upfront when we take on your case. Since we work on contingency basis, you only pay if you get money. This allows you to focus on treatment and recovery from your accident, while we focus on what we do best.

If you are worried that the attorney fee might not be worth it, then consider the following:

In most situations, the settlement amount negotiated by your attorney is two to three times higher than any money received by an injured person who is not represented by an attorney.

If you are not sure whether or not your claim is worth hiring an attorney for, please give us a call and we will give you free consultation and assist you in evaluating your case.

Types of Auto Accident Cases We Handle

According to the National Highway Traffic Safety Administration, there were 2,800 traffic fatalities in California in 2011. Although this is generally lower than the national average, more drivers who wore seatbelts were fatally injured in California than any other state. Fatalities were observed at the rate of 76 percent compared to 59 percent of restrained motorists. Densely populated counties such as Los Angeles County experience a higher rate of automobile accidents.

Our car wreck attorneys handle all of the following types of accident claims in California:

  • Road traffic accidents
  • No-Fault claims
  • Uninsured/underinsured claims
  • Serious injury collisions
  • Accidents caused by distracted driving (including cell phone use)
  • Falling asleep behind the wheel
  • Drunk-driving accidents
  • Rear-end collisions
  • Side-impact collisions
  • Rollover accidents
  • Head-on collisions
  • Fatal Accidents / Wrongful Death
  • Wrong-Way Collisions
  • Defective roads
  • Road construction site accidents
  • Defective product design (product liability – auto parts)

Printable Auto Accident Checklist Now Available

Anyone who has ever experienced an auto accident knows that uneasy feeling of helplessness and panic that sets in shortly thereafter. We have created an auto accident checklist (PDF) to help you figure out what to do in the event that you experience an accident. Print a copy of this auto accident checklist and keep it in your vehicle’s glove box just in case.

Summary of this Auto Accident Checklist:

1. Get Medical Help

The first thing you want to do after an accident is to make sure to get medical help for anyone who is injured. Many times, a person may be in shock and not notice an injury until later, or miss an internal injury completely and suffer significantly when the adrenaline wears off. It is important that you seek medical help in any type of serious accident.

2. Contact Police

Never flee the scene of an accident as this will constitute breaking the law and may result in hit-and-run charges. A police report is a crucial evidence when it comes to a personal injury claim.

3. Exchange Information

If you are cable of doing so, exchange information with all parties involved. Collect vehicle information including license plate number, year, make and model, other driver’s contact information, and their insurance information. The checklist has a place to list all of this information.

4. Collect Witness Information

If there are any witnesses to the accident, make sure to collect their contact information and accounts of what happened.

5. Take Photos

Photos can help your injury claim significantly. If available, use your smartphone’s camera to capture clear images of the vehicle, the scene and any other details that may be important in proving the other driver’s negligence.

6. Sketch the Accident

Use this auto accident checklist to sketch the accident. Use the description field to note the direction of the vehicles involved, vehicle speeds, weather conditions, and any other important details. The more details the better. People often forget important details when delaying describing the accident.

7. Get Legal Help

Besides your contact and insurance information, do not share any details of the accident with ANYONE but the police officer. Contact an attorney who has experience dealing with auto accidents as soon as you can. Waiting to do so later may jeopardize your claim as valuable evidence could be lost.


Q. How Do You Select Which Case You Will Take?

Our primary job is to get the most for our clients. If we believe that we cannot assist you in getting the most for your case, we will not take your case and will suggest, if appropriate, alternative methods that can be employed in handling your claim.


Get Money for Your Injuries

Getting the full amount of money you deserve for your injuries is crucial, especially if you lost your job or health insurance just before or after the accident. Our law firm can help you get money for all types of injuries including:

  • Bruising
  • Cuts and scrapes
  • Minor burns
  • Whiplash
  • Concussions
  • Spinal cord damage and general back injuries
  • Traumatic brain injuries (TBI)
  • Head injuries such as damage to the face and the neck
  • Soft tissue bodily injuries
  • Compound and complex bone fractures
  • Internal bleeding
  • Permanent injuries such as permanent scarring and disfigurement
  • Wrongful death

Some of the most life-impacting injuries include traumatic brain injury (TBI), disfigurement, loss of limbs, and paralysis. Others can be less devastating but leave victims traumatized, unable to work, and stuck in a financial hole.

In many cases people appear to be fine immediately following an accident (due to adrenaline fueling their bodies), only to find out that the next day they can barely move. It is not uncommon for doctors to misdiagnose serious conditions by attributing them to strained muscles. Only following a visit to a medical specialist that many people discover they have much more serious injuries that will most likely have a significant impact on their lives.

The challenge that attorneys face is to determine – based on knowledge, training, and experience in handling auto accident cases – how much money will help the injured person get back on his or her feet.

Our attorneys can maximize your compensation by hiring the right liability and damages experts.


Common Causes of Auto Accidents

It is estimated that approximately 300,000 individuals are injured each year in auto accidents in California. Deaths of young drivers and/or passengers are among the highest. Surprisingly, not all accidents are results of a driver’s mistake. For instance, some accidents result from mechanical failure or dangerous condition of a roadway. Distractions from cell phone use can alter car accident liability in an injury case.

Here is a list of the top causes of auto accidents:

  • Speeding
  • Defective auto parts
  • Driving under the influence
  • Reckless driving
  • Bad weather conditions
  • Bad road conditions
  • Poor vehicle maintenance
  • Cell phone use
  • Eating while driving
  • Electronics adjustment

Types of Auto Accidents

The number of accidents resulting from distracted driving, drowsiness, and drunk driving is very alarming. As car wreck attorneys who represent injured victims of people included in these statistics, we felt it was important to cover in detail the types of behavior that cause suffering to innocent folks.

Falling Asleep At The Wheel

We all know there is an increasing shortage of sleep problems in the United States. Not surprisingly, the problem of not getting enough sleep is spilling into our roads. A recent CDC study said that 4.2% of adults have admitted to falling asleep at the wheel within the previous month. This is an alarming statistic. California is said to have the 3rd highest rate of drivers who snooze at the wheel. Keep in mind this number is actually low because some people do not realize they have fallen asleep or simply fail to admit it for whatever reason.

It won’t come as a surprise that hard-working adults between the ages of 25 and 34 are said to be the highest at risk for driving while fatigued or drowsy. Many of these types of crashes occur closer to the end of the day when people are getting off work while feeling tired.

The National Sleep Foundation conducted a poll in 2005 to find out how many drivers have driven while drowsy during the preceding year. Results showed an astonishing 60% of adults admitting to being behind the wheel while drowsy. For more information about drowsy driving visit DrowsyDriving.org

Drunk-driving Accidents

In 2011, California saw over 700 driving fatalities due to alcohol impairment. Just over 2,200 individuals survived drunk-driving accidents the same year. According to the CDC, almost one-third of all driving deaths involve drunk drivers nationwide. It is clear that drunk driving is still a major problem in the United States and the State of California despite heavy awareness promotion and outreach.

Nearly one third of all driving deaths involve drunk drivers.

Perhaps the most alarming fact is that one out of every three drunk drivers nationwide who suffered a fatal injury was between the ages of 21 and 24. These young drivers are closely followed by the 25 to 34 age group – at exactly one-third of reported fatal crashes. Young drivers put themselves and everyone else at risk when drinking and driving.

In California, the legal Blood Alcohol Concentration (BAC) limit is 0.08 percent “Per se”. This means that once this limit has been established, a DUI case can be made against the impaired driver without further evidence probing. Many people fail to realize that is the legal limit that determines whether they are impaired, not their own judgment of how drunk they are. Even if a person passes the on-scene sobriety test, they can still be declared legally impaired.

Rear-end Collisions

Perhaps the most common type of accident, rear-end collisions occur when one vehicle runs into another from behind due to being unable to stop in time. Many of such accidents can be blamed for speeding and inattention. In California in particular it is easy to see why rear-end collisions are a frequent occurrence. Drivers often travel too fast and too close without any regard to stopping time or distance. People are always trying to get somewhere in a hurry and seem to be content with sacrificing their lives just to get seconds ahead by breaking important driving rules.

Out of all crashes reported in 2008, nearly a third were rear-end collisions.

DISTRACTIONS

Distractions are another major concern for public policymakers. Distracted driving has become a growing problem not only nationwide but in California and Los Angeles in particular. We wrote a blog post on distracted driving not long ago, describing how the “earbud epidemic” was responsible for over 3,000 deaths in 2010.

Distracted driving has become such a problem that the U.S. Government created a website dedicated entirely to distraction awareness. The website includes alarming statistics by prominent trade associations, institutes, and universities from all over the states.

SCIENCE

In 2008, Science Daily reported that out of nearly 6 million crashes recorded in 2006 nearly a third were rear-end collisions. According to a university study, drivers are not able to detect that a car in front of them is slowing down unless it’s faster than 8-10 miles per hour. A collision warning system was proposed as a solution to this inability to determine minor speed change.

INJURIES

Typical rear-end collision injuries include:

  • Damage to the soft tissue of the cervical spine, also known as whiplash
  • Damage to the spinal cord
  • Damage to the soft tissue of the thoracic and lumbar spine
  • Head injuries including face and neck damage (especially when headrests are absent)

Side-impact Collisions

According to the Insurance Institute for Highway Safety (IIHS), side collisions are responsible for over a quarter of all passenger vehicle deaths. This frequency is attributed to lesser vehicle body protection as you would typically have in a head-on or rear-end collision. The side of the vehicle is typically less fragile and often contains only an airbag. That airbag is only good if deployed on time and the driver’s head is positioned so that it touches it instead of the frame. Shorter persons find themselves at greater risk for serious injury in side-impact collisions because the air bag doesn’t always align properly, resulting in the head hitting the frame of the vehicle.

Rollover Accidents

In a rollover accident, the vehicle flips to the side of the roof usually as a result of turning sharply at great speeds. Older vehicles, cars with poor stability equipment and SUV’s are often involved in rollovers.

Some people believe SUV’s are a safer choice for a vehicle because they are bulkier, failing to consider that they’re more likely to roll over and result in fatal injuries. In fact, 39 percent of Americans who feel more powerful in an SUV (according to a National Consumer Survey of 2005) may be mistaken. SUV rollovers comprised 37 percent of fatal crashes compared to 15 percent for cars, according to the same survey.

SUV rollovers comprised 37 percent of fatal crashes compared to 15 percent for cars.

Rollovers are also said to be the most dangerous type of crash that results in a fatality. Page 3 of the“Characteristics of Fatal Rollover Crashes” report by the U.S. Department of Transportation shows just how deadly light trucks and SUVs are in comparison to cars when it comes to a rollover.

CAUSE FOR INJURIES AND FATALITIES

Studies find that most rollover accident deaths occurred due to a lack of seat belt use by passengers. Ejected passengers (those who did not wear a seat belt) were nearly twice as likely to die. Speeding has been cited as a major factor in the cause of rollover accidents.

Head-on Collisions

If you had to guess how most head-on collisions occur, what would you say? You may be thinking that most head-on collisions occur when one vehicle tries to pass another. Or, you might even venture to say vehicles smash head-on in construction zones. Either one of those guesses would be wrong. Most head-on collisions occur in non-passing situations, typically on a rural two-lane undivided road according to a Federal Highway Administration (FHWA) and Highway Safety Information Systems (HSIS) studies.

WHAT IS CAUSING HEAD-ON COLLISIONS?

Although nobody knows exactly, head-on collision statistics seem to point finger at drivers making (and we’re quoting) “unintentional” maneuvers. With all of the distractions that exist in today’s vehicles, it may be easy to conclude that distracted driving makes up a large number of such maneuvers. From eating and drinking, phones, music devices, texting, limited hearing; it could be that people are simply not paying full attention to the road.

Another recent development suggests that more and more drivers are falling asleep at the wheel. It could be that drivers doze off, look up at the road, and swerve to avoid an object or a vehicle in front of them.


Examples of Accidents: SUV Rollover in Deadly Street Racing

Police are looking for information surrounding a vehicle rollover that left one man dead and five injured in Long Beach last Saturday, on January 20, 2013, at approximately 8:42 pm. Little is known about the exact cause of the crash, but police believe the car was involved in a street race. The vehicle was believed to have been speeding east down Del Amo Blvd when the driver lost control, struck the center divider, and rolled over multiple times.

Unknown Circumstances

While the exact cause of the crash remains unknown, police have revealed that they are reportedly interested in talking with the driver of a new model Infinity that was seen leaving the scene of the crash as police arrived. First responders reported seeing the SUV overturned in the middle of the road upon their arrival.

Of the six people who were in the car, four were thrown from the vehicle as it rolled and two had to be extracted from the wreckage of the car by emergency responders. All six of the occupants were transported to a local hospital where two were shortly released, three were listed in critical but stable condition, and one had expired from his wounds. The deceased was identified as Vernon Onofia, who was just 29 years old.

Preventable Tragedy

If in fact the reason the vehicle overturned was that its driver was racing another vehicle on the road, then this was a preventable tragedy. The best way to avoid being the loser in a street race isn’t to accelerate, but to avoid competing in the race altogether. Never mind the argument that drivers on the road have nothing to prove to other drivers — subjecting responsible drivers to the consequences of the reckless is simply unfair and carries too many risks of unintended consequences.

As illustrated in the example above, the death of one of the occupants of the vehicle was a major unintended consequence of this alleged street race.

Even in less tragic scenarios where property damage is the only result of reckless driving, the damage caused by a street race can create a major financial burden for those involved. Without a car, an individual can’t work or perform routine daily functions as many of our destinations today require significant distance traversing.

Avoid Road Rage and Street Race Confrontations

  • Avoid confrontations with other drivers by letting aggressive drivers pass you on the road.
  • If you’re in your car and see another set of cars appear as if they are going to race, let those cars continue on and don’t be in a hurry to catch up — let them travel at their pace but be prepared for potential sudden stops.
  • Also, as always, ensure your seat belt is on. In case the worst does happen and you are involved in a collision, you can significantly increase your chances of survival.

For some reason, being in control of a car can make some people think irrationally. Do yourself a favor and stay out of the headlines – don’t let your emotions or pride get the better of you while you’re on the road; your fellow drivers will appreciate it.

Rollover Facts

Rollovers are quite typical for SUV’s as cited here in the “Rollover Accidents” section. Seeing such scenarios in the news supports the findings presented by the U.S. Department of Transportation. What’s even more interestingly supported by the findings is that most deaths occur due to passengers being thrown out of the vehicle, because no seat belt was used.

Ejected passengers are nearly twice as likely to die in rollovers.

It is important to buckle up no matter which seat you are occupying while in a moving vehicle, especially an SUV. No matter what type of activity you’re engaged in, SUVs are more susceptible to rollovers due to their size, shape, and weight distribution. Without knowing all of the facts in this situation it would be improper to make any sort of definitive conclusion, but we can always keep in mind safe practice rules when driving.

Slippery Road Conditions May Have Been Responsible for L.A. Crashes

Reports indicate that slick roads may have been the cause of a six crash chain reaction involving a total of 16 cars on Highway 101 in Hollywood on the morning of January 25, 2013. The accident resulted in one infant and seven others were taken to an area hospital — one of whom was listed in critical condition. Wet pavement is responsible for over 77% of total weather-related fatalities.

According to the California Highway Patrol, the chain of events that would immobilize the southbound lanes of the 101 near Barham in Hollywood all started with a single crash that occurred twenty minutes past midnight. Five additional crashes would follow. At one point, when an occupant of one of the vehicles involved in one of the crashes exited his vehicle, he was struck by another driver involved in the pile-up. Highway patrol officials have stated that they do not believe alcohol was involved in any of the crashes and do not believe that any of the drivers will be charged.

Slick Road Accident Statistics

According to the Federal Highway Administration, 24% of all vehicle crashes are weather-related. Over 7,000 people are killed each year nationally due to weather conditions. Wet pavement is responsible for over 77% of total weather-related fatalities. Reduced pavement friction causes tires to slip, thus making it difficult for drivers to stop in time.

Speed Correlation with Skid Resistance

Although modern pavements are designed to be fairly skid-resistant, friction is decreased considerably at higher speeds. Thus, the majority of accidents involving slick roads are speed-related. Following distance is, by all means, a factor when considering speeds during adverse weather conditions. Generally speaking, as the tire’s velocity increases, skid resistance decreases, no matter the condition of the road surface. This is supported by the concept of slip speed or general velocity used in studying road surfaces by various government and legal bodies. For more information on skid resistance, see “Evaluation of Pavement Friction Characteristics” synthesis by the National Cooperative Highway Research Program (NCHRP).

Take Precautionary Measure to Reduce Risk

This unfortunate series of early morning car accidents just goes to show how important it is for vehicle operators everywhere to stay alert and drive aware. With 16 car crashes reported that night, it is likely that at least some of those could have been prevented. Slick roads are not something that Los Angeles drivers usually encounter, but with cautious driving, no distractions, and environmental awareness, they can be just as safe to traverse as dry roads.

Unfortunately, no amount of planning can shield even the most cautious of drivers from the risk of being involved in some kind of vehicle related accident, especially in a place with roads as congested as Los Angeles. By following some simple tips, they can, however, be more prepared for a collision if it does happen.


Distracted Driving in Los Angeles

In January of this year, there was a lot of awareness about accidents involving pedestrians who wear headphones. The news picked up fairly quickly on the new study numbers. Los Angeles Times, New York Times, BusinessWeek among hundreds of other media outlets put a spotlight on the issues surrounding the use of headphones by pedestrians and their involvement in accidents. Personal injury lawyers picked up on this as well and wrote about how to keep safe — which is all really great.

It’s illegal to wear headsets or earplugs in both ears while driving in California.

There needs to be awareness of distractions and how they can result in accidents. However, distractions are not limited to pedestrians alone. Drivers are constantly distracted behind the wheel with all sorts of gadgets and toys including but not limited to listening to music with headphones or earphones. In Los Angeles, people seem to ignore the fact that it’s illegal to wear headphones and earphones in both ears while driving. There are certain exemptions but none that apply to a typical driver like you or me.

The Ear Buds Epidemic

The “earbuds epidemic” as it has been dubbed by one local blogger is not only annoying and illegal but dangerous too. “In 2010, 3092 people have been killed in crashes involving a distracted driver” – according to Distraction.gov (Official U.S. Government website for distracted driving.) Although not mandated by federal law, headphone use while driving has been banned in many states by state law including California. Drivers who wear headphones or earbuds in both ears often fail to yield to emergency vehicles, and most of all can’t hear the traffic around them – sometimes resulting in accidents.

In Los Angeles, a driver breaking the law by isolating themselves from the sound of the road is a prevailing occurrence that doesn’t get much attention. As if there aren’t enough distractions as it is, some people feel the need to listen to their music through headphones while driving. If abiding by the law is not a good enough reason to wait out on headphone use until you get home, at least have the decency of not endangering others in a potential accident.

People are constantly getting into car accidents in Los Angeles, often resulting in terrible injuries. It doesn’t take much to get distracted and run into a car pulling out of a parking structure or failing to hear the warning of another vehicle in case of emergency. Vehicle horns were installed for a reason – to warn others of potential danger, but of what use are they if you can’t hear them?

Do you see drivers who cover both of their ears while driving?

Were you injured in a car accident with a driver who was distracted? Contact Vibhu Talwar, he is a Los Angeles car accident lawyer and can help you recover compensation.


Simple Safety Tips:

  • Slow down.
  • Keep a safe distance from other vehicles, especially when adverse road conditions are present.
  • Always drive with a seat belt, no matter how short a journey is. Even if you’re traveling at a safe speed, there is no guarantee that other drivers are doing the same. The statistics and stories of survivors don’t lie – seat belts save lives.
  • Never exit your vehicle following an accident on a highway or busy road.  We have discussed this issue in a previous post but it’s worth mentioning again. Pull over to a parking lot or other designated parking area. If this isn’t possible, stay bucked up in the vehicle until emergency responders or a tow truck arrives. Wait for instructions of emergency responders.
  • If you’re approaching an accident on the roadway, slow down safely and focus on the road. As a matter of social responsibility, you may not want to assume that the authorities have been alerted to an accident that looks bad – if you decide to call for assistance on behalf of the victims, exit the highway or roadway and find a safe place to park before making the call. You may be a bit nervous and flustered by the questions, so you will want to afford the operator your full attention.
  • Finally, remember that the speed limit isn’t a requirement, especially when road conditions warrant slower speeds. On slick or icy roads, it’s best to drive below the speed limit, not to match it.

Who is Liable?

Cell Phone Distractions

onthephoneCell phone use can also cause the driver to be distracted and unable to pay as much attention to the road as they should when driving. One distraction that happens often is taking your eyes off the road to answer your mobile phone. Even though you may only take your eyes off the road for just a few seconds, those few seconds can make a difference in whether or not you can see and react to a situation fast enough or not. This is especially true if you have to reach down on the floorboard to retrieve a dropped phone.

Talking drivers may also get into an emotional conversation and be too upset to notice the situation on the road ahead of them. One example of this would be not seeing a child crossing the road because you were upset at the time and were not directing your full concentration to the road.

USE OF CELL PHONE INFERS NEGLIGENCE

Drivers who use phones are also more likely to drive erratically or recklessly, leading to a reckless driving charge. If you are using a cell phone while driving it will not be hard for the plaintiff’s attorney to prove this charge to a jury. In fact, a jury will usually side with a plaintiff in this case, because using a cell phone automatically infers negligence on the part of the defendant.

The defendant can then be ordered to pay for property damages as well as personal injury damages.

Employer Liability

If the defendant was an employee and delivering something for an employer at the time or doing some other work related errands, the employer can also be held liable for damages being claimed by the plaintiff. As you can see, car accident liability does not always rest with the driver, and an employer must take special care to make sure employees are not distracted while driving or forced to drive faster in order to accomplish a goal.

Parent Responsibility

distractedteenIt is difficult to get an adult to restrain from being on the phone while driving. Once you know the consequences, you may think twice before dialing or texting. It is even more difficult to get a teenage driver to turn the phone off when driving.

Parents need to stress the consequences of using a cell phone while driving and the very real possibility of being held liable for it in a court of law. Parents may even be held liable for their teenager’s actions. Although the current law hasn’t defined if a parent is to be held accountable for car accident liability, there is an increasing pressure to change regulations in order to reduce the number of teen deaths as a result of phone use. Some states have even completely banned the use of cell phones by young drivers. Drivers can talk to their car accident attorney about specific state laws regarding cell phone use when driving.


Car Accident Information

teen in auto accident

CAR ACCIDENT QUESTIONS AND ANSWERS

If you were involved in an auto accident you probably have many questions. To answer some of the most common questions we’ve heard over the years, we have compiled a list of common auto accident questions and answers. If you have additional questions, please call us for a free consultation.

Get Answers to Your Questions

lady dealing with car wreck

WHAT TO DO AFTER A CAR ACCIDENT

Car accident claims and their value depend partly on your decisions immediately following a crash. What you do in those first few moments can drastically change the outcome of your claim and the amount of money you can recover.

Avoid mistakes, maximize your claim

auto accident statistics

AUTO ACCIDENT STATISTICS

Every year thousands of people are hurt in a car accident. The number of car accident injuries exceeds 3 million annually. Statistics are based on car accident reports, retrieved via NHTSA’s website.

View Auto Accident Statistics

distracted driving statistics

DISTRACTED DRIVING STATISTICS

Before cell phones became common the definition of distracted driving was adjusting the radio in your Honda Accord. Now, parents set examples for dangerous behavior by texting and driving while admitting it’s wrong of them to do so. Distracted driving kills, here are the numbers to prove it.

View Distracted Driving Statistics