San Diego Distracted Driver Accident Lawyers
When a Brief Glance Results in Traffic Collision
Distracted driving has become a serious issue on San Diego roadways in the 21st century. The advent of GPS technology and smartphones has conditioned users to be constantly on their phones, checking for new texts, messages, or updates on social media, even when they are driving. But this behavior, however common, is extremely dangerous and can result in catastrophic traffic collisions.
If you were injured in an accident caused by a distracted driver, you may have a claim for compensation and should immediately contact the San Diego distracted driver accident attorneys at jD LAW. Our legal team can relentlessly pursue compensation on your behalf, both in negotiations with insurance companies and at trial, if it comes to that. Call us at (760) 630-2000 to schedule a free consultation.
How Distractions Contribute to Accidents
Accidents can happen in a split second if a driver is not fully aware of all the hazards around them. Looking away from the road, however briefly, can cause a driver to speed through a red light, rear-end another driver, or strike a pedestrian in a crosswalk. This behavior constitutes a clear negligent action that can make the driver liable for injuries or damages they cause.
Distracted driving can constitute several negligent actions, including:
- Talking on a cell phone or texting
- Checking the GPS or map
- Eating or drinking
- Adjusting a radio
- Applying makeup, combing your hair, or other forms of grooming
- Having a loud argument with a passenger
- Dealing with unruly children in the backseat
- Reaching for an item in the glove box, center console, or on the floor
Bottom line, drivers should always keep their eyes on the road and look out for road hazards, other drivers, and pedestrians.
Anyone Can Be a Victim
Most drivers are focused on their own concerns and safety, which is why so many are taught to practice defensive driving. When a driver tries to take a photo from their car or reply to a text while on the highway, they falsely believe that they are only putting themselves at risk. But these actions can easily harm others, including:
- Pedestrians in crosswalks or, if the driver mounts the curb, on the sidewalk or the corner of an intersection
- Bicyclists, especially if a distracted driver doesn’t check their blind spot while merging or making a turn
- Motorcyclists who can be side-swiped, rear-ended, or involved in a head-on collision if the driver crosses into oncoming traffic
- Other drivers can be T-boned when a distracted driver runs a red light or rear-ended at stop signs
Anyone of these accidents can lead to catastrophic injuries that follow victims for years to come. While it may seem clear to you that the other driver was at fault for your injuries, you will need to secure key pieces of evidence in order to demonstrate the driver was negligent and to file a successful car accident claim.
Evidence in Your Car Accident Claim
In all car accidents, the most important piece of accident can be the initial car accident report you file with the police. These documents will not only include the information about the drivers involved, but also witness testimonies or contact information, photos of the accident, roadway conditions, if any laws were violated, accident diagrams, and possible causes.
Some drivers even freely admit to being distracted out of guilt or shame, and this can go in the report. Or the officer writing the report may note the driver appeared to be eating or applying makeup before the accident. Thus, sometimes the report clearly points to distracted driving, but several other pieces of evidence can help your case.
Traffic camera footage can be utilized to demonstrate that a driver was looking away from the road, talking to a passenger, or had one or both hands off the wheel if they ran a red light. This footage may be reviewed by the police after an accident and used to issue a citation against the driver, which can help your case.
If the driver was texting or making a call, the phone in question could be a huge piece of evidence. Phone companies track when text messages are sent and when calls are made. If the records show the phone was being used at the time of the accident, that could be used to demonstrate the driver was distracted. Additionally, social media posts, photos, and videos can reveal that the driver was on Facebook or Instagram during the accident. This information can come from the driver’s account or one of their passengers, if they were filming a video in the car and have footage of the driver acting negligently.
Ultimately, to secure these pieces of evidence and interpret their contents, you will need the aid of a skilled and knowledgeable car accident lawyer.
The Legal Representation You Need After an Accident
While we cannot stop drivers from becoming distracted, the San Diego car accident attorneys at jD LAW can advocate for victims of distracted driving in personal injury claims. Our lead attorney has served as a Los Angeles Police Department investigator and has dedicated his life to pursuing justice in the San Diego court system. When you bring your case to our firm, our legal team can evaluate every detail in your case to determine fault and actively pursue compensation on your behalf. Call us at (760) 630-2000 if you have been in a car accident as a result of a distracted driver’s actions.
Don’t Wait A Second Longer
When you have been injured, or a loved one has been killed due to the negligence of another, you need legal help. Contact jD LAW, today to get the justice you deserve.
- September 29, 2020
The Costs of a Spinal Cord Injury
- September 24, 2020
Expired Licenses and Pursuing a Claim
- September 22, 2020
Personal Injury Trials: What You Need to Know