Failing to pay attention to the road significantly increases the chance of an accident. When a person’s distracted driving leads to a car crash, an accident victim can file a personal injury lawsuit for negligence to seek compensation to cover losses such as medical bills and property damage.
If you or someone you love was injured in a distracted driving car accident in Fresno, our trusted auto crash attorneys are here to provide you with insight into your potential case. Let us aggressively fight on your behalf so you can focus on recovery. Reach out to Valero Law Group today.
Examples of Distracted Driving
Several different driving behaviors are classified as distracted driving. Distracted driving occurs when an action takes a driver’s attention or eyes from the road and/or their hands from the wheel.
Some examples of actions that can cause distracted driving accidents in Fresno include:
- Eating and drinking
- Talking on a cell phone
- Applying makeup or cosmetics
- Interacting with passengers
- Reaching for an object inside the car
- Texting or operating a handheld device
- Adjusting the car stereo or climate controls
- Rubbernecking, which is staring at a roadside distraction, like an accident
Since cell phone use is one of the top causes of distracted driving accidents, the state has several laws restricting handheld device use while driving. For example, Cal. Veh. Code § 23123(a) prohibits all drivers from using a wireless phone while driving a motor vehicle unless the phone was specifically designed for hands-free or voice-operated communication.
Despite the exceptions for hands-free or voice-operated device use, Cal. Veh. Code § 23124(b) states that drivers under the age of 18 are entirely prohibited from using a wireless phone or electronic communication device. Injured motorists should always speak with a knowledgeable attorney to understand their legal rights.
Filing a Lawsuit After a Distracted Driving Accident
When a distracted driver causes a Fresno accident, the parties involved will typically first file claims with their insurance companies. However, insurance proceeds do not always adequately compensate a person for the harm they sustain in an accident.
Distracted driving can help prove negligence in a personal injury lawsuit. The state holds individuals liable when their failure to use reasonable care causes injuries or property damage under Cal. Civ. Code § 1714.
When an injured motorist can provide evidence or proof that the other driver was using their cell phone at the time of the accident, this can help establish that they did not act with reasonable care. Additionally, an injured person must also prove that the breach of care was the direct cause of their harm.
Our lawyers can help determine the best evidence to prove distracted driving based on the situation. Potential evidence can consist of witness testimony, police reports, accident scene analysis or collision reconstruction, crash site photos or video footage, and, in some cases, subpoenaed cellphone records. Reach out to learn more about establishing liability for a car accident.
Potential Damages From a Distracted Driving Accident
When a person is injured in a distracted driving wreck in Fresno, they can recover both economic and non-economic damages. Economic damages include measurable financial losses, such as:
- Lost wages
- Property damage
- Loss of future earning capacity
- Current and ongoing medical bills
Noneconomic damages cover immeasurable harm, including:
- Pain and suffering
- Disfigurement
- Emotional distress
- Loss of consortium with a spouse or domestic partner
The state’s doctrine of pure comparative negligence limits an injured person’s maximum damages when they were also at fault in the accident. The court caps the damages in proportion to their percentage of responsibility. Working with a trusted attorney is the best way to minimize shared fault and maximize potential compensation.
Speak With a Fresno Attorney About Distracted Driving
Our attorneys are always available for calls to speak about distracted driving car accidents in Fresno, even in an emergency. We are here to do our best when you are injured in an accident.
We can also provide assistance if you are injured and having trouble coming to our office, as we offer transportation or can come to see you in person. Additionally, our team is not afraid to litigate a case to advocate for what you really need. Call Valero Law Group today to learn more about how we can help.