Distracted driving is one of the main contributing factors for car accidents in the United States. When a driver takes their attention away from the road, they act negligently.
If you were hurt in a distracted driving car accident in San Jose, you could seek compensation from the negligent driver. To do that, you have to file a claim, collect relevant evidence, and demonstrate your right to damage recovery. An experienced auto accident attorney can help improve your chances of receiving fair compensation. Reach out to Valero Law Group to learn more.
Common Causes of Distracted Driving
San Jose has many dangerous intersections where focused attention is key to safety. Some of the roads where distracted driving can be especially dangerous are Tully Road, Alum Rock Ave, and Quimby Road. The most common causes of distracted driving accidents include:
- Changing radio stations, climate controls, or GPS settings
- Handling food or beverages
- Grooming activities like applying makeup or shaving
- Unrestrained animals in the vehicle
- Stretching to grab something in the floorboard or backseat
- Lighting a cigarette or handling smoking materials
- Engaging in conversation with passengers
- Typing or reading text messages or emails
- Handling children in the backseat
- “Rubbernecking” or focusing attention on accidents or other vehicles on the side of the road
California has strict laws about distracted driving. They specifically prohibit drivers from using a handheld wireless phone while operating a vehicle unless it is in hands-free mode. Additionally, drivers under 18 years of age and bus drivers cannot use a wireless phone or a hands-free device while behind the wheel.
A San Jose attorney can help someone injured in a distracted driving car accident determine the cause of the wreck and gather the evidence necessary to prove liability.
How to Prove Distracted Driving
To recover damages in a San Jose distracted driving car accident, the injured party’s legal team has to prove the driver’s negligence. Doing this may be complicated but not impossible. For example, it is possible to prove that the driver was using the phone at the time of the accident by obtaining their phone records. An experienced attorney knows how to subpoena such records to build a strong case.
Another way to prove distracted driving is through witness testimony. People who were either in the car with the negligent driver or on the street when the accident occurred could testify about the driver’s negligent actions. Our legal team can also get information from a dashcam or surveillance videos.
The at-fault driver may also admit to using to calling, texting, or other distracting actions to the police. This information is available in the police report.
Navigate Distracted Driving Car Accidents With an Experienced San Jose Attorney
If you have sustained injuries in a distracted driving car accident in San Jose, you can seek compensation from the negligent party. To do this, you have to prove their negligence, collect evidence, and file relevant claims. A skilled attorney can help you do it the right way and maximize your chances of recovering damages.
At Valero Law Group, our team is dedicated to helping injured people get the compensation they need so they can focus their energy on recovering. We are always on call and can make arrangements to travel to you if needed. We also do not collect any fees from you unless we successfully recover your compensation. Call now to learn more.