When a Phone Distraction Becomes a Legal Emergency
Distracted driving is not just a careless mistake. It is a legal liability. Every time a driver picks up their phone or takes their eyes off the road, they put others at serious risk. If a Car Accident driver in Los Angeles has injured you, you need to take immediate legal action. Evidence can disappear quickly, and insurance companies are often quick to downplay your injuries.
If you were hurt in a crash caused by someone else’s phone use or distraction, LA Injury Lawyers can help you pursue the compensation you deserve. Schedule a free consultation today. You pay nothing unless we win.
Understanding Distracted Driving
Distracted driving is any activity that diverts a driver’s attention from the road. It typically falls into three categories:
Types of Distractions
- Manual: Taking hands off the wheel
- Visual: Taking eyes off the road
- Cognitive: Taking the mind off driving
Texting while driving is especially dangerous because it involves all three types of distraction. Other examples include eating, adjusting the GPS, or talking to passengers.
California law prohibits the handheld use of phones while driving, yet distracted driver accidents are still one of the leading causes of crashes across the state.
Common Injuries in Distracted Driving Accidents
Even low-speed accidents involving distracted drivers can result in serious injuries. Many victims require long-term treatment and rehabilitation.
Common injuries include:
- Whiplash and neck strain
- Concussions and traumatic brain injuries
- Back and spinal cord injuries
- Broken bones and fractures
- Emotional distress and post-traumatic stress disorder
Prompt medical evaluation is essential, even if your symptoms seem minor at first. Documentation can strengthen your case later if complications arise.
What to Do Immediately After the Crash
The steps you take after a distracted driving accident are crucial to protecting your legal claim.
Step-by-Step Guide:
- Call 911: Report the crash and request medical attention.
- Document the Scene: Take photos and video of the damage, road conditions, and any evidence of distracted driving (e.g., a phone in the driver’s hand).
- Get Witness Info: Ask bystanders for statements and contact information.
- File a Police Report: Make sure to include any information about the suspected distraction.
- Seek Medical Care: Do not delay; some injuries take hours or days to show symptoms.
Legal Options for Victims of Distracted Drivers
Distracted driving is a form of negligence. If the other driver was texting, talking on the phone, or otherwise distracted, you may be entitled to compensation.
How to Prove Negligence:
- Cell phone records that confirm phone use at the time of the crash
- Dash cam footage or surveillance video
- Eyewitness testimony
- Police report findings
You can file a personal injury claim against the at-fault driver. If the evidence shows they violated traffic laws, this can strengthen your case. In some cases, a lawsuit may be necessary to secure full compensation.
Compensation You May Be Entitled To
A distracted driver injury claim can include several types of damages, depending on your injuries and losses.
Recoverable compensation includes:
- Emergency room and hospital bills
- Physical therapy and ongoing treatment
- Lost wages and reduced future earning capacity
- Pain, suffering, and emotional distress
The goal of compensation is to restore what you lost and provide support for your recovery. LA Injury Lawyers can help calculate the true value of your claim.
How to Avoid Being a Distracted Driver Yourself
Many drivers do not realize how easily distraction can happen until it is too late. Here are ways to protect yourself and others.
Safety Tips:
- Use hands-free devices if you must take a call
- Pre-set your GPS and music before driving
- Never text, eat, or groom while driving
- Pull over if you need to send a message or check directions
Being alert behind the wheel can help prevent accidents and strengthen your credibility if you are ever involved in a crash.
Why You Need a Distracted Driving Accident Lawyer
Distracted driving cases often involve aggressive insurance adjusters and complex evidence. A qualified attorney can make the difference between a denied claim and a strong settlement.
Your lawyer will:
- Investigate the crash thoroughly
- Collect phone records and other evidence
- Handle communication with the insurance company
- Represent you in settlement talks or court, if necessary
Do not try to navigate this process alone. The sooner you contact a lawyer, the better your chances of securing a fair outcome.
Let LA Injury Lawyers Fight for You
If a distracted driver hits you, you need legal support that gets results. At LA Injury Lawyers, we have helped victims recover millions in compensation for their pain, injuries, and financial losses.
Recent Case Results:
- $11 Million – Brain injury from a distracted driving crash
- $10 Million – Car accident victim
- $8.2 Million – Spinal injury in rear-end collision
- $7 Million – Traumatic back injury
Call (818) 539-5390 or email in**@*************rs.com to schedule your free consultation. We only get paid if we win your case.
Frequently Asked Questions
- What qualifies as distracted driving in California?
Distracted driving encompasses any action that diverts your eyes, hands, or mind from driving, such as texting, eating, or adjusting controls. - Can I sue a driver who was texting?
Yes. Texting while driving is illegal in California and can be used as strong evidence of negligence in a personal injury case. - How can I prove the other driver was distracted?
Your attorney can request phone records, locate camera footage, and gather witness statements to demonstrate distraction at the time of the crash. - Is there a deadline for filing a claim?
Yes. You typically have two years from the date of the accident to file a personal injury lawsuit in California. - Will I have to go to court?
Not always. Most distracted driving claims settle before trial. However, LA Injury Lawyers prepares every case as if it will go to court to maximize your leverage.
