Not every driver keeps their eyes on the road, and many forget how dangerous a vehicle really is. The result is that distracted driving is one of the most common causes of accidents and a leading cause of deaths and injuries nationwide. If you were hurt in an accident and you think the other driver may have been distracted, you have rights—and you may be able to recover money all of your costs and more. You need to talk to a Los Angeles distracted driving accident lawyer.
The Simmrin Law Group knows how to help. We work on distracted driving cases more than almost any other kind of accident claim, and we understand how to prove that the driver was distracted—and get you the money you need. Let us give you a FREE consultation to get you started. Fill out the form to the right or call us at 310-997-4688 and get your free consultation today.
What counts as distracted driving?
Distracted driving often means having a cell phone in hand, but not always. Legally, all drivers have a duty to pay attention to the road and not to allow themselves to become distracted by other things. Any kind of distraction, even if it was unintentional, could count as “negligence” if it makes them careless in how they drive. And a careless or negligent driver is always liable for any accident they cause.
The most common types of distracted driving include:
- Talking to a passenger
- Motioning or yelling at another vehicle, or talking through an open window
- Eating while driving
- Tuning the radio while driving
- Looking at something outside the vehicle, such as a person on the sidewalk
- Applying makeup
- Talking on a cell phone
- Texting or looking at a device
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What if I saw the other driver talking on their phone?
Tell the police at the scene and call a lawyer immediately afterward. If the other driver had a phone in their hands while driving, that is strong evidence that they may have been distracted. If you’re able, talk to any witnesses at the scene—if they saw the phone too, or heard the driver admit to talking on the phone, ask for them their contact information.
However, even if you did not see the phone—or aren’t sure if they were talking on it or not—the driver may have still been distracted. For example:
- Drivers who are talking on a phone, even hands-free, can experience delayed reaction times as if they had a blood-alcohol concentration of .08% (the legal limit for DUI)
- You may see the driver wearing an earpiece for “hands-free” talking when they get out of the car
- You may see the phone mounted on their dashboard
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What if the other driver was texting and driving?
As dangerous as talking on the phone is, driving and texting is even worse—it takes your eyes off the road as well as delaying your reaction time. If you saw the driver texting, or they admit they were, make sure to tell this to police and to your lawyer. And, as with talking on the phone, texting can cause accidents even if it is done hands-free.
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What if my teen was injured because someone was distracted?
Unfortunately, these kinds of accidents are especially common among younger drivers. Even if your child is not driving, they could be injured if another teen is driving and gets distracted. They could also be the driver OR passenger in one car, and be injured because some other driver on the road was distracted.
You and your child have the same legal rights no matter how the accident happened:
- You can win a settlement even if your teen was in the same car as the distracted driver
- If your teen’s friend was driving distracted, it is not your teen’s fault
- If your teen was driving, we can launch our own investigation to see what really happened—and whether the other driver was distracted
If your teen was riding with the distracted driver, the insurance company may try to blame your child or minimize their claim. Try to stay calm—this is a tactic to try to pay you less money. It’s very important to say as little as possible, admit no fault, and have a professional deal with them for you. Your lawyer will be your go-between so you never have to negotiate with the insurance company face to face.
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How much money can I win in a distracted driving accident claim?
The law gives you the right to recover money for all of your costs, including future costs. You may also recover substantially more than your out-of-pocket costs, which can help you rebuild your life or deal with the effects of your pain or injury.
The damages you can recover money for include:
- Your medical bills
- Rehabilitation or physical therapy if needed
- Lost earnings if you missed work time
- All of the expected future costs of your injury
- Substantial payments to offset major losses, such as a permanent injury or scarring
In many cases, a claim for a distracted driving accident can pay out over $1,000,000, and even smaller claims are often six figures or more.
Talk to a Los Angeles Distracted Driving Accident Lawyer for Free
Don’t try to face the insurance company alone. The Simmrin Law Group can help you fight your claim and win the largest amount possible—and we charge NOTHING unless we win you money. Let us give you a FREE consultation and help you get started. Fill out the form to the right or call us at 310-997-4688 and get your free consultation today.