Experience you Can Trust
When you’re going up against a distracted driver who crashed into you and caused you and your family to suffer serious injuries, you need to know that you can trust the legal team that has your back. That’s why so many people in Fresno come to BD&J, PC for legal help when it matters the most. We have decades of collective personal injury and trial experience, attorney teams built to handle catastrophic injury cases, and more than $2 Billion recovered* for our clients throughout the years. For your distracted driving accident claim in Fresno, head to our firm first for legal representation and counsel.
What Causes Driver Distraction?
Every driver on the road has the responsibility to drive distraction-free. Yet, from what can be gathered from various traffic safety reports and studies, most drivers are distracted every day. Groups like the National Safety Council (NSC) have produced surveys that show at least 20% of drivers admit to using a smartphone while driving, which does not even account for the survey participants who do use their phones but did not feel comfortable admitting it.
Distracted drivers are all over the road. The question for your claim becomes what did the driver who hit you do to distract themselves? Figuring that out can help prove liability and strengthen your claim’s chances of success.
Some of the most common forms of driver distractions are:
- Texting or otherwise using a smartphone
- Talking with a passenger
- Adjusting the GPS, radio, or music app
- Eating or drinking
- Self-grooming like applying makeup
- Reading a billboard
California Cell Phone Use Laws While Driving
In California, the laws regarding cell phone use while driving are strict. According to California Vehicle Code Section 23123, drivers are prohibited from holding or using a phone while operating a vehicle, except in specific circumstances such as emergency calls or using a hands-free device. Additionally, California Vehicle Code Section 23124 prohibits drivers from sending, reading, or writing text messages while driving.
To enforce these laws, law enforcement agencies in California use different methods to detect cell phone use while driving, such as:
- Traffic stops. Police officers can stop drivers who are suspected of using their phones while driving.
- Mobile checkpoints. Law enforcement agencies may set up mobile checkpoints to scan vehicles for cell phone use.
- Crash investigations. Investigators may review crash data to identify drivers who were using their phones at the time of the accident.
How to Prove the Other Driver was Distracted
As surveys have likely shown, the average motorist will not admit to being distracted behind the wheel. They would much sooner lie and say that they were paying full attention to the road because they know that admitting that they were distracted will raise their liability. The unfortunate truth is that you can’t expect the distracted driver who hit you to be forthright. You’ll need to prove that they were distracted with convincing evidence and arguments, which is where our legal team can step in and shine.
Evidence we can use to prove the other driver was distracted might include:
- Dashcam footage
- Traffic cam footage
- Eyewitness testimonies
- Police reports
In California, the state’s pure comparative negligence rule allows you to file a claim against another driver who hit you, regardless of your own liability. It also means that the less liable you are found to be, the more compensation you can recover, so our focus from the start of your case will be to reduce your liability as much as possible, hopefully down to 0%. Proving that you weren’t distracted but the other driver was looking at their phone, talking, etc. is a great starting point to shrink your liability.
Common Injuries Sustained in Distracted Driver Accidents
Certain injuries have been identified frequently in accidents involving a distracted driver who was using a cell phone immediately before the accident. These accidents can result in a wide range of injuries, including:
- Head and brain injuries. Concussions, skull fractures, and traumatic brain injuries can occur when a driver is distracted and fails to respond to their surroundings.
- Spinal cord injuries. Whiplash, herniated discs, and spinal cord damage can result from the sudden impact of a distracted driving accident.
- Broken bones and fractures. Fractures to the arms, legs, and ribs can occur when a driver is distracted and fails to control their vehicle.
- Internal injuries. Organ damage, internal bleeding, and other internal injuries can occur when a driver is distracted.
- Psychological trauma. Distracted driving accidents can also result in psychological trauma, including anxiety, depression, and post-traumatic stress disorder (PTSD).
- Soft tissue injuries. Strains, sprains, and other soft tissue injuries can occur when a driver is distracted.
- Facial injuries. Broken noses, cuts, and other facial injuries can occur when a driver fails to control their vehicle.
What Damages Can Be Recovered in These Cases?
If you’ve been involved in a distracted driving accident, you may be entitled to recover damages for:
- Medical expenses. Past and future medical expenses, including hospital bills, surgeries, and ongoing treatment.
- Lost wages. Lost income and benefits due to your inability to work as a result of your injuries.
- Pain and suffering. Compensation for physical and emotional pain, along with any suffering or distress.
- Property damage. Damage to your vehicle and other property.
- Loss of consortium. Compensation for the loss of companionship and services of a spouse or family member.
- Punitive damages. In some cases, punitive damages may be awarded to punish the distracted driver for their reckless behavior.
- Vocational rehabilitation. Compensation for training and education to help you return to work after your injuries.
- Home health care. This includes services, such as nursing, and physical therapy, to help you recover at home.
Winning Big Recoveries, Case After Case
Our Fresno distracted driving accident lawyers are recognized names in legal circles and local communities thanks to our outstanding history of impressive case results. Make us a household name in your life, too, by allowing us to manage your distracted driving case in your name. Because we offer contingency fee agreements to our personal injury clients, you can take a virtually risk-free approach to pursue compensation – we don’t get paid attorney fees unless we win your case!
