In a majority of car accident cases, a common component is distracted driving. Distracted drivers pose serious dangers to all those who are on the road, as they are unable to fully dedicate their attention to operating their vehicle. Reports indicate that in 2017, distracted drivers contributed to approximately 3,160 traffic deaths across the nation. Distracted drivers can collide with other drivers on the road, pedestrians, or cyclists.
Proving Distracted Driver Liability
In California, a person who has been injured as a result of a distracted driver has the opportunity to seek compensation from the reckless driver. In order to have a successful claim, however, the injured person will need to prove that the driver was at-fault for the accident and the injuries that followed. In order to prove that the driver was negligent in causing the accident, the following four elements must be established:
- Duty of Care – It is necessary to prove that the other driver owed the plaintiff a duty of care at the time of the collision. For instance, the duty could comprise of paying attention to the roadway as well as obeying the state’s distracted driving laws.
- Breach of Duty – Driving while distracted is in itself a breach of duty. When a driver makes the decision to operate the vehicle while distracted, he or she is willingly putting others at risk of injury.
- Proof of Injury – In order to collect damages, it is essential to prove that damages resulted from the accident. In nearly every personal injury lawsuit, it is critical to have a medical record of the injuries sustained from the accident in order to win a settlement.
- The Negligence Caused the Accident – It is necessary to prove that the act of distracted driving was a substantial factor in causing the auto accident. In the event that an unrelated factor was the primary cause of the accident, the accused driver may not be held accountable for the injuries.
Navigating the factors required in a claim concerning distracted driving can be complex. When the accident was caused because of a reckless driver, however, it is important to seek compensation to cover the medical costs associated with the injury.
Common Causes of Distracted Driver Accidents
When driving has become a part of the daily routine, it can be very easy to forget how dangerous driving can be. According to the National Highway Traffic Safety Administration, distracted driver accidents are the leading cause of death for those between the ages of eight to 34. According to the reports, this leads to one death about every 13.5 minutes, ultimately injuring over 2.5 million people each year.
Distracted driver accidents can be caused by a multitude of factors that can include the following:
- Turning on a radio,
- Talking to passengers,
- Drinking while driving,
- Eating while driving,
- Using a cell phone or other hand-held device,
- Looking at something outside the car,
- Applying makeup, or
- Reaching for an item in the vehicle
Fight For Your Right to Compensation, Speak to a Qualified Personal Injury Attorney Today
Distracted driving is a serious issue that can affect a person’s life in a split second. If you or someone you know was injured in a car accident that was caused by a distracted driver, it is critical to file a personal injury claim. A personal injury claim may offer the opportunity to recover monetary compensation for the injuries caused in the accident.
Attorney Albert E. Hirst has dedicated his career to bringing justice to those who have been injured as a result of another’s negligence. If you were injured because of a distracted driver, consider contacting the firm today for a free case evaluation.