Distracted driving like Texting and Driving Accidents are serious problems in California and throughout the country. According to data collected by the National Highway and Traffic Safety Administration, roughly 481,000 drivers in the United States use their cell phones while driving on a daily basis. And the number of deaths attributable to distracted driving on an annual basis (in 2016 alone) is 3,450, with injuries pegged at roughly 391,000 (in 2015 alone).
Other safety organizations, such as the National Safety Council, estimate that texting while driving is six times more likely to lead to death or injury than drunk driving.
Given the risks associated with texting and driving (and with distracted driving generally). It’s quite possible that injuries you sustain in a car accident were caused by another’s distracted driving, whether by texting or otherwise.
If you injured in a texting and driving scenario. You may entitle to significant compensation under California law. Contact a Los Angeles car accident attorney at Prestige Law Personal Injury & Car Accident Lawyers for guidance on how to proceed.
Texting while driving is certainly negligence in most cases (except in situations involving hands-free voice-to-text usage). Still, establishing liability for Texting and Driving Accidents is not always straightforward.
There are primarily two ways in which defendants may attempt to avoid liability for texting and driving:
1.Arguing that their negligence in texting and driving was not the proximate cause of your injuries, or
2.Arguing that they were not actually texting and driving at the time of the accident.
It will be rather difficult for the defendant to successfully argue #1, unless they could prove that there was some other, third-party negligence that contributed to the accident (and subsequently, your injuries). With regard to argument #2, you can improve your likelihood of success by gathering eyewitness accounts and by securing phone records.
That shows the defendant was using a cell phone at the time of the accident.
It’s worth noting that hands-free phone use is not a liability shield, though it does present an extra challenge. Hands-free phone use is still dangerous, as the cognitive demands required of a driver (when using a voice-to-text app or otherwise) are significant.
Drivers must still be considerate of the traffic circumstances. If weather conditions are poor, traffic is chaotic, and there are many moving pedestrians. The driver may commit negligence in the form of distracted driving by using their phone hands-free.
At Prestige Law Personal Injury & Car Accident Lawyers, our attorneys have decades of experience representing the interests of those who injure in a variety of car accidents. Including distracted driving scenarios centered around cell phone use.
Over the years, we have gained considerable insight the strategies employed by opposing counsel to defend against such lawsuits. And how to advocate effectively for our client’s given following barriers.
If you’d like to learn more about how we can help, call 818-788-0808. And send us a message online to connect to a skilled Los Angeles car accident attorney at our firm. Consultation is free and confidential.
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