If you were hurt in an accident and think the other driver may have been distracted, you have rights. You may be able to recover all of your costs and more. You need to talk to a Los Angeles distracted driving accident lawyer today.
The Simmrin Law Group works on distracted driving cases more than almost any other kind of accident claim. Our Los Angeles personal injury lawyers understand how to prove that the driver was distracted and get you the money you need. Fill out the form to the right or give us a call to schedule a free, no-obligation 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. 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 car, such as a person on the sidewalk
- Applying makeup
- Talking on a cell phone
- Texting or looking at a device
For a free legal consultation with a distracted driving accidents lawyer serving Los Angeles, call (310) 896-2723
How to Prove Negligence
Unfortunately, proving that another driver was distracted and negligent in their actions can be difficult. Obtaining the driver’s cell phone records may show that they were using their phone at the time of the accident. However, aside from that, you may need eyewitness testimony or traffic cam footage to show that the other driver was distracted.
Four things must be true, in order for a driver to be guilty of negligence:
- They must have owed you a duty of care
- They must have violated that duty of care
- This violation must have led to your accident
- You must have incurred expenses or suffered injuries as a result of the accident
A Los Angeles distracted driving lawyer can help you gather the necessary evidence and prove that the other driver is liable for your injuries.
Los Angeles Distracted Driving Accident Lawyer Near Me (310) 896-2723
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 losses. You may also recover substantially more than your out-of-pocket expenses, which can help you rebuild your life or deal with the effects of your pain or injury.
Compensation for a distracted driving accident is generally divided into two types.
Economic damages are the losses that have a direct monetary value. They include expenses such as:
The compensation awarded for these losses is meant to be a dollar-for-dollar replacement. This money is supposed to make it so that the accident does not have any negative impact on your finances.
Non-economic damages are far more complicated. These are the ways in which an accident negatively impacts your life outside of your bank account. Common non-economic damages include:
- Pain and suffering
- Mental anguish
- Diminished quality of life
- Loss of companionship
- Permanent disability
These damages are often substantial and invaluable, but unfortunately, there is no way to properly compensate victims for these losses. Since it is impossible to replace the irreplaceable, the best the courts can do is award financial compensation. Because of this, the amounts awarded for non-economic damages are often quite high.
Typically, non-economic damages make up the bulk of a car accident settlement. 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.
In a distracted driving accident, you may also be eligible for punitive damages. These are awarded not as compensation for a loss suffered by the victim, but as a punishment for the negligence of the at-fault driver.
How Much Does a Distracted Driving Accident Lawyer Charge?
The biggest concern of most people when hiring a distracted driving attorney in Los Angeles is how much it will cost them to do so. Fortunately, when it comes to personal injury lawyers, that cost should be nothing. Distracted driving accident attorneys work on a contingency fee basis, which means that they don’t get paid unless you do.
With this system, any accident victim seeking legal representation can afford to hire an attorney. There is never any out-of-pocket cost as your attorney will receive their fee as a percentage of your compensation award if they are able to get you money.
Generally, those who hire a Los Angeles car accident lawyer end up with a lot more money when everything has been settled than those who attempt to represent themselves. Take advantage of the risk-free opportunity to have an experienced legal professional by your side and get the money you deserve.
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Statute of Limitations for a Distracted Driving Accident
The statute of limitations for a personal injury in Los Angeles is generally two years. However, there are certain situations in which the window to file a claim can be much smaller. Whether you have two years or two months, it is always best to get started as soon as possible.
Any delays can weaken your case. Evidence can become lost or degraded, and the reliability of witness testimony diminishes with each passing day. Contact a Los Angeles car accident attorney as soon as possible after your accident to put yourself in the best possible position to recover compensation.
What if I Saw the Other Driver Talking on Their Phone?
If you saw the at-fault driver talking on their cell phone at the time of the accident, 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 to ask if they saw the phone too or heard the driver admit to talking on the phone. Be sure to ask any witnesses with potentially useful information for 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.
- 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.
What if the Other Driver Was Texting and Driving?
As dangerous as talking on the phone is, driving while texting is even worse. This activity 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 the police and to your lawyer. As with talking on the phone, texting can cause accidents even if it is done hands-free.
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 will launch our own investigation to see what really happened and whether the other driver was distracted.
If your teen was riding with a distracted driver, the insurance company may try to blame your child or minimize their claim. Try to stay calm. This is a common 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.
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. We will do whatever we can to ensure you get the compensation you deserve.
Give us a call or fill out our online contact form to schedule a free, no-obligation consultation today. One of our Los Angeles distracted driving accident lawyers will review your case and advise you of all your legal options.