There are more ways than ever for drivers to be distracted while behind the wheel of a vehicle. Given the advances in cell phone technology, motorists have everything from email to streaming video within arm’s reach. Unfortunately, these and other distractions are a common factor in auto collisions.
When you are hurt in a distracted driving car accident in Woodland Hills, now is the time to seek legal guidance. A strong case for negligence could help you recover the compensation you deserve. You can learn about your options during a discussion with a seasoned car accident attorney from our firm.
Types of Distractions
There are different types of common distractions motorists should avoid. They come in three general categories: physical, visual, and mental distractions. Physical distractions include anything that causes a driver to take one or both hands off the wheel. Examples include eating or grooming while driving. Even reaching to change the radio station could lead to a crash.
A driver might also become distracted visually. This occurs when their vision is drawn away from the road. Some examples include looking for things in the backseat or gazing for too long at billboards or other things on the side of the road.
A driver can also lose focus when their attention is drawn to something other than driving. This could include anything from daydreaming to getting lost in conversation with a passenger. Texting and cellphone use is particularly dangerous because it encompasses all three distraction types. Regardless of the cause or type of distraction, when a Woodland Hills motorist does not have their full attention on the road and it causes an accident, that driver could be held responsible for the resulting damages.
Are Distracted Drivers Always at Fault?
For a person who is injured in an auto collision to recover monetary damages through a personal injury lawsuit, there must be evidence that another party was negligent. There are four elements to proving negligence. An injured person has to show that the other party owed them a duty of care and establish that this duty was violated. There must also be a link—known as causation—between the breached duty and the accident. Finally, an injured motorist must show they sustained damages like medical expenses or pain and suffering due to the crash.
Distracted Drivers and Shared Fault
The reality is that Woodland Hills distracted driving accidents are often caused by a combination of factors. In some circumstances, the distracted driver will share the fault of a crash with the other motorist. When that happens, the state’s comparative negligence rules come into play.
California has adopted a system known as pure comparative negligence. Under this legal theory, any party can pursue a case for compensation even if they are partially to blame. However, the court will generally reduce a plaintiff’s recovery in proportion to their share of fault.
Talk to a Woodland Hills Attorney After a Distracted Driving Car Accident
When you are involved in an accident with a distracted driver, you may have a case for compensation for your injuries. This is true even if you are partially to blame for the crash.
Now is the time to discuss your options with an attorney. Call today to learn more about distracted driving car accidents in Woodland Hills.
