Whether en route to school, work, a friend’s house, or even a simple grocery run, all it takes is one car accident to completely change your life. Not only do victims of car accidents often suffer from extreme personal injuries, but many have to endure major financial setbacks.
Alarmingly enough, distracted driving accounted for 8.1% of all car crash fatalities in 2020. In distracted driving cases, drivers are deliberately neglecting their duty of care to keep others safe while on the road. To make matters worse, increased technology dependence suggests that distracted driving incidents show no sign of slowing down. To ensure that victims of these accidents and their loved ones receive the compensation they deserve, it is crucial that they understand their legal rights and options.
What is Distracted Driving?
According to the National Highway Traffic Safety Administration, distracted driving occurs when a driver participates in any activity that diverts attention away from driving. Actions that can cause a distraction while driving may include:
- Eating or drinking
- Talking
- Adjusting the stereo or navigation system
- Applying makeup
- Texting
Texting is one of the most alarming causes of distracted driving. Roughly 25% of all car accidents are caused by texting and driving. The average text either read or sent while driving requires the driver to look away from the road for five seconds. This leaves plenty of time for accidents to occur.
Crucial Steps After a Distracted Driving Accident
If you are involved in a car accident that occurred due to distracted driving, here is what you should do:
- Assess your injuries. Evaluate your condition and determine if you will require medical attention. If you are able to, determine if there are others that will require medical
attention too. - Report the incident. Call 911 to report the incident and any injuries requiring medical
attention. - Gather information and evidence. Make sure to attain the other driver’s identification
and insurance information, and also make sure to ask any witnesses for their names and contact information. Do not forget to take photographs of the scene, including damage to cars and injuries. - Contact a personal injury attorney. Contact an experienced attorney as soon as possible to ensure that you have the best chance of seeking fair compensation for the incident.
Proving that Distracted Driving Occurred
You might know in your heart that your accident was caused by distracted driving, but distracted driving can be especially difficult to prove in the eyes of the law. However, there are specific types of evidence that can significantly improve your chances of proving that it did occur. These types of evidence include:
- Admission of guilt: In the heat of the moment, at-fault drivers sometimes let their guard down, and many will frantically and inadvertently apologize for being distracted and causing the accident. This is important to share with police officers that arrive on the
scene. Sometimes, however, the at-fault driver can retract this admission of guilt. - Witnesses: Eyewitness testimonies are important for distracted driving cases. Make sure to speak to as many witnesses as you can, as they might be able to testify that they saw the driver participating in a distracting activity.
- Evidence: Evidence that might suggest distracted driving includes cell phone conversation logs, food containers, or makeup applicators.
Los Angeles Car Accident Attorney
To put it simply, distracted driving accidents are unfair. At The Law Office of John J. Perlstein, our attorneys fight to correct unfairness. It isn’t right that another driver’s error in judgment may have resulted in your or a loved one’s injury, death, or financial setback, and our experienced attorneys can help you attain the deserved compensation. Contact us today to schedule a free consultation to discuss your case.