Sep 30, 2016 - Blogs, Resources by Sky Law Group
While most people believe distracted driving only refers to cell phone usage while driving, this couldn’t be further from the truth. Distracted driving takes on many forms and can be seen throughout the roads and freeways in California. Eating food while driving, putting makeup on while driving, drinking coffee or even playing with the stereo takes your eyes off the road for a few seconds and could be fatal.
Most people assume taking your eyesight off the road and multi-tasking for a few seconds is okay but simple physics is at work, which factors in speed, the weight of the vehicle and the distance traveled. Thus, every single second matters and when you look at such situations as a matter of life or death you begin to appreciate the importance of focused and attentive driving. An extra sip of coffee or an extra bite of food is not worth your life or placing others in harms way.
Often, we take simple pleasures such as driving a motor vehicle for granted. When we become comfortable, dangers lurk, and this is where distracted driving becomes so dangerous. It is in our nature to become comfortable and complacent when driving which ultimately leads to distracted driving and a higher risk of car accidents.
The Three Types of Distracted Driving
The National Highway Traffic Safety Administration (NHTSA) classifies distracted driving into three main categories, and understanding each type can help you recognize risky behaviors behind the wheel.
Visual distractions occur when you take your eyes off the road. This includes looking at your phone, checking on passengers, reading a billboard, or rubbernecking at an accident scene. Even a two-second glance away from the road at highway speeds means your vehicle travels over 170 feet without your eyes on the road.
Manual distractions involve taking your hands off the steering wheel. Reaching for a drink, adjusting the GPS, searching for something in your bag, or eating while driving all qualify as manual distractions. When your hands are not on the wheel, your ability to react to sudden hazards drops dramatically.
Cognitive distractions happen when your mind wanders from the task of driving. Daydreaming, engaging in an emotional conversation, stressing about work, or even listening to an absorbing podcast can divert your mental focus. Cognitive distractions are particularly dangerous because drivers often do not realize their attention has drifted.
Texting while driving is considered the most dangerous form of distracted driving because it combines all three types simultaneously — your eyes leave the road, your hands leave the wheel, and your mind leaves the task of driving.
Distracted Driving Statistics in California
California has some of the busiest roads in the nation, and distracted driving contributes to a significant portion of traffic accidents across the state. According to the California Office of Traffic Safety, distracted driving is a factor in thousands of injury collisions each year. In Orange County alone, the dense traffic along the I-5, I-405, and SR-55 corridors means that even a momentary lapse in attention can lead to a serious multi-vehicle collision.
The problem has only grown with the increasing use of smartphones and in-vehicle technology. Despite California’s hands-free laws, drivers continue to use their phones while operating their vehicles, putting everyone on the road at risk.
California’s Distracted Driving Laws
California has enacted several laws aimed at reducing distracted driving. Under Vehicle Code Section 23123, drivers are prohibited from holding and operating a handheld wireless telephone while driving. Vehicle Code Section 23123.5 bans writing, sending, or reading text-based communications while driving.
Penalties for distracted driving violations in California include a base fine of $20 for a first offense and $50 for subsequent offenses. However, with additional court fees and assessments, the actual cost can be significantly higher. More importantly, if distracted driving causes an accident resulting in injury, the at-fault driver can face civil liability for all damages caused to the victims.
Common Injuries from Distracted Driving Accidents
Distracted driving accidents often result in severe injuries because the at-fault driver fails to brake or take evasive action before impact. Common injuries include whiplash and neck injuries, traumatic brain injuries, spinal cord damage, broken bones and fractures, internal organ damage, and lacerations from broken glass and debris.
These injuries can require extensive medical treatment, rehabilitation, and time away from work. Victims may also experience lasting emotional trauma, including anxiety about driving and post-traumatic stress disorder.
What to Do After a Distracted Driving Accident in Orange County
If you have been injured by a distracted driver in Orange County, taking the right steps immediately after the accident can protect both your health and your legal rights. First, call 911 and seek medical attention, even if your injuries seem minor at first. Document the accident scene with photos and collect contact information from any witnesses.
Pay attention to whether the other driver was holding a phone or appeared distracted at the time of the crash. This information can be valuable evidence for your claim. Request a copy of the police report and avoid giving recorded statements to the other driver’s insurance company before speaking with an attorney.
An experienced personal injury lawyer can help you investigate the accident, gather evidence of distraction such as phone records, and fight for the full compensation you deserve. At Sky Law Group, we understand how devastating distracted driving accidents can be, and we work tirelessly to hold negligent drivers accountable.
Compensation for Distracted Driving Accident Victims
Victims of distracted driving accidents in California may be entitled to compensation for their medical expenses, lost wages and reduced earning capacity, pain and suffering, property damage, and emotional distress. In cases involving egregious behavior, such as a driver who was livestreaming or playing a game on their phone at the time of the crash, punitive damages may also be available.
The value of your claim depends on the severity of your injuries, the extent of your financial losses, and the strength of the evidence proving the other driver’s distraction. Working with a knowledgeable car accident attorney ensures that no element of your damages is overlooked.
Contact Sky Law Group for Help
If you or a loved one has been injured in a distracted driving accident in Orange County, do not wait to seek legal help. California’s statute of limitations gives you a limited time to file your claim. Contact Sky Law Group today at (844) 475-9529 for a free consultation. We will review your case, explain your legal options, and fight to get you the compensation you deserve.
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