Burbank Distracted Driving Accident Lawyer
The Large Truck Crash Causation Study (LTCCS) reported that 8 percent of large-truck accidents occur when Commercial Motor Drivers were distracted at the wheel. Two percent of large-truck accidents occurred when the driver was internally distracted.
The National Highway Traffic Safety Administration (NHTSA) states that approximately 5,500 people are killed each year on U.S. roadways. Additionally, an estimated 448,000 are injured in motor vehicle accidents involving distracted driving
If you were injured due to the negligence of a distracted driver, call Yarian Accident & Injury Lawyers, APC today to speak to an experienced Burbank distracted driving accident attorney today.
Attorney for Distracted Driving Crash in Burbank CA
Every driver has a responsibility to be alert to their surroundings for the safety of others. If you were injured by a distracted driver, you do not have to tackle it alone. The Burbank personal injury attorneys at Yarian Accident & Injury Lawyers, APC will be there to guide you through this process.
All our attorneys at Yarian Accident & Injury Lawyers, APC are passionate about victims of distracted driving. We have years of experience in many kinds of traffic offenses. Not only this, but our attorneys have won multiple awards for their service.
Yarian Accident & Injury Lawyers, APC represents clients throughout the greater Los Angeles-Long Beach metropolitan area including surrounding communities including Burbank, Norwalk, Beverly Hills, Visalia, Riverside, San Bernardino, and Tulare.
Unfortunately, many individuals do not understand the dangers of distracted driving. Dial (818) 459-4999 or submit an online form to get a free no-cost consultation.
Overview of Distracted Driving Claims in California
Types of Distractions for Sidetracked Drivers
California Assembly Bill , (AB) 1785 prohibits driving while holding a cell phone in your hand. Because of this most California residents have Bluetooth hands-free mobile calls in their call.
Despite this, NHTSA research indicates that talking on a cell phone —even if it’s hands-free–saps the brain of 39 percent of the energy it would ordinarily devote to safe driving. Drivers who use a hand-held device are much more likely to get into an accident serious enough to cause injury.
The effects of distracted driving include slowed perception which can result in a person having a delay in traffic-related actions such as breaking or stopping. Any kind of delayed decision making can cause you to be unable to promptly use your accelerator or brakes.
There are three main types of distraction, all with the potential to induce a car accident.
- Physical Distraction – Any sort of distraction that causes you to take your hands off the wheel or eyes off the road, such as reaching for an object.
- Mental Distraction – Any activity that take your mind away from the road, such as engaging in conversation with a passenger or thinking about something that happened during the day.
- Both Physical and Mental Distraction – even greater chance an accident could happen, such as talking on a cell phone; or sending or reading text messages.
Texting and Driving
Over the last five years, the state of California has fought back on distracted driving. The California AB 1785 made it illegal to drive while holding a cell phone in your hand. This bill makes texting while driving a definite traffic offense.
In 2015, 42 percent of teens were reported to text while driving. Additionally, texting and driving is the leading cause of death currently among teen drivers. This means that teen texting and driving deaths have officially surpassed the teen drinking and driving death rate.
The reason why texting and driving is so dangerous is that it incorporates all types of distractions. It is physical as texting requires normally at least one hand and makes you take your eyes off the road. Texting is mental as it takes your focus away from driving.
National statistics indicate that texting is six times more likely to cause a crash compared to drunk driving. A single text can take your eyes off the road for a solid five seconds. Texting can also increase your risk of crash risk up to 23 times.
With all these statistics, it’s easy to see how dangerous texting and driving can be. If you were injured by someone who was texting while driving, contact a personal injury attorney today.
How do I Prove that a Driver was Distracted?
All motorists are expected to respect traffic laws and uphold safety on roadways. Sadly, many drivers are still negligent. Some drivers will pick a phone call or text over the safety of others. The state of California will need you to have compelling evidence that will demonstrate inattention caused the crash that injured you.
Some types of compelling evidence include, but are not limited to:
- Witnesses who are willing to testify about distracted drivers;
- Admission from the driver;
- Photograph s of the scene;
- Surveillance video that documents the accident;
- Cell phone records that show text messages and phone call logs; and
- Police report that details cell phone use.
An experienced personal injury attorney can best help you gather this evidence. If you are successful in proving negligence of the other driver, you may be eligible for compensation.
Victims may be able to pursue compensation for the following:
- Loss of consortium;
- Future medical and rehabilitation costs;
- Loss of future earnings;
- Lost income;
- Pain and suffering;
- Past and future medical bills; and
- Wrongful death.
Watch Out for Other Distracted Drivers
You need to be able to recognize other drivers who are engaged in any form of driving distraction. Not recognizing other distracted drivers can prevent you from perceiving or reacting correctly in time to prevent an accident. Watch for:
- Vehicles that may drift over the lane divider lines or within their own lane.
- Vehicles traveling at inconsistent speeds.
- Drivers who are preoccupied with maps, food, cigarettes, cell phones, or other objects.
- Drivers who appear to be involved in conversations with their passengers.
Give a distracted driver plenty of room and maintain your safe following distance. Be very careful when passing a driver who seems to be distracted. That driver may not be aware of your presence, and they may drift in front of you.
Filing for Injury Against an Insurance
You should not have to pay for the medical bills and auto repairs incurred from a collision caused by a distracted driver. California law requires all drivers to have a $30,000 minimum for bodily injury coverage per accident and $5,000 minimum of property damage liability coverage. If the negligent driver has auto insurance, you can file a third-party claim with his or her insurance company and seek compensation for injuries and property damage. However, negotiating with insurance adjusters means dealing with people who work in the best interest of his or her clients and their insurance company, not yours.
The insurance’s maximum amount might not even cover severe injuries or lasting damage. When this happens, you have the right to sue for the remaining amount you need to heal. You will have to submit various types of documents such as accident reports, medical records and auto repair bills for documentation. Filing a distracted driving claim alone can result in a lower payout. You increase your chances of higher compensation by working with a personal injury attorney. They can make sure all the necessary paperwork is submitted. A personal injury attorney will negotiate on your behalf and make sure you receive sufficient compensation.
Proving the Driver was Distracted
California is a no-fault state, so you will have to prove the other driver was responsible for the accident before their insurance company pays for your damages. Distracted driving is a nuance of its own, and it’s difficult to prove without legal counsel.
California’s Vehicle Code 23123.5 explains the prohibition of distracted driving actions, including looking at a cellphone or wireless communicator, and its offenses. A lawyer will go by this law to perceive a case involving a driver using his cellphone while on the road. However, other distractions might have been present too.
Distracted driving evidence can include the following:
- Social media activity right before the accident
- Debit or credit card transactions from recently purchased food or drinks.
- Food wrappers, open cups, or spills may also indicate the driver was recently eating or drinking.
- Lack of braking or swerving to avoid a collision
- Footage from security cameras, depending on where the collision took place. This footage can show the driver being distracted before the accident.
- Information from a programmed event data recorder (EDR). Commercial trucks and new model cars have EDRs that record engine speed, changes in speed and use of breaks.
11 Facts About Texting and Driving – Visit DoSomething.org, a non-profit organization dedicated to making real-world impact on causes around the world. Read an article of 11 listed statistics and facts regarding texting and driving.
AAA Study on Cell Phones in Cars: “Hands-free is Not Risk-Free” – Visit the L.A. Time’s website and read an article written by Eryn Brown. See how the new fad in hands-free calling, while legal in California, still presents very viable risks.
Distracted Driving | National Highway Traffic Safety Administration – Follow the link to view distracted driving facts. You can find patterns between distracted drivers and accidents. You can also find tips to help reduce electronic device use while driving.
Just Drive | California Office of Traffic Safety– Visit the Office of Traffic Safety (OTS) website to learn about the state of California’s initiative to reduce distracted driving. You can gain access to tips and facts surrounding texting and driving. OTS is responsible for implementing highway safety programs in California.
Locating a Lawyer for Distracted Driving Crash in Burbank, California
A distracted driver has proven to be as much of a risk as a drunk driver. There is no reason you should lose your quality of life over something as trivial as a text message. At Yarian Accident & Injury Lawyers, APC we take distracted driving very seriously and feel compassion for anyone who has fallen, victim.
Yarian Accident & Injury Lawyers, APC has qualified personal injury attorneys that are experienced in traffic offense cases. We have years of experience in personal injury and have recovered over 35 million dollars for our clients. The attorneys at Yarian Accident & Injury Lawyers, APC accept clients throughout the Los Angeles County and Tulare County areas, including surrounding cities like South Gate, Visalia, Burbank, Los Angeles, Irvine, Riverside, Pasadena, Long Beach, and Pasadena.
Be proactive and make a plan to get what you deserve. Call (818) 459-4999 to schedule an appointment for your zero-obligation consultation today with an experienced auto accident lawyer in Burbank.
Yarian Accident & Injury Lawyers Burbank Office
700 N Central Ave Suite 470
Burbank, CA 91203