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Distracted Driver

Santa Monica Distracted Driving Accident Attorney

What Are Distracted Driving Accidents?

Distracted driving has become a worldwide concern that plagues most cities no matter where one lives. What is distracted driving and how does it contribute to the overall risk of traffic collisions? Distracted driving refers to any activity that takes the driver's eyes, hands, or mind off the task of driving an automobile.

If you were injured in a car accident, a Santa Monica personal injury attorney can help you pursue ample compensation. All forms of distraction have the potential to endanger the driver, the passengers, any pedestrians or others sharing the road.

Types of Distracted Driving

People can become distracted by unsuspecting sources. Talking to passengers, handling children, reading directions, or adjusting the vehicle's climate controls can all put the driver and others around them in danger of being involved in a vehicle collision.

Tragically, distracted driving is responsible for approximately 80% of crashes and 65% of near-crashes according to a study released by the NHTSA and the Virginia Tech Institute. What's more, the distraction typically occurred in just three seconds before the vehicle crash!

In the United States, the most common forms of driver distraction include the following:

  • Texting while driving
  • Reading texts
  • Using a cellular phone (dialing, accepting calls etc.)
  • Adjusting the radio, CD player, DVD player or MP3 player
  • Grooming
  • Eating and drinking
  • Applying make up
  • Reading, including maps
  • Watching a video
  • Using a tablet while driving
  • Using a navigation system
  • Attending to children in the rear
  • Talking to passengers
  • Having a pet roaming inside the vehicle

Texting and Driving

Due to the fact that text messaging requires visual, manual and cognitive distraction from the driver, it remains the most hazardous forms of driver distraction. In fact, text messaging is reported by Virginia Tech Transportation Institute (VTTI) to increase the risk of a traffic collision by 23 times as compared to driving when not distracted.

VTTI reports that sending or receiving a text takes the driver's eyes from the road for an average of 4.6 seconds, the equivalent of driving the length of a football field blind at 55 mph. Furthermore, using a cell phone while driving, whether hand-held, or hands-free has shown to delay a driver's reaction by as much as having a blood alcohol concentration at the legal limit of .08%. (University of Utah)

Studies have also shown that driver performance is not improved and the level of distraction is increased for those drivers who are heavily engaged in a conversation on a cellular phone. Contrary to popular belief, the use of a hands free device does not lower the distraction levels.

How a Distracted Driving Accident Attorney Can Help

Have you or someone you love been injured in a distracted driver car accident? If so, an attorney from McGee, Lerer & Associates would like to help. Together, we have more than 40' collective experience in representing car accident victims in their personal injury claims.

Today, we focus a great deal of our practice in pursuing damages for car accident victims, many of which were injured by a driver who was texting while driving. We want to help you to obtain the compensation you deserve so you can have access to the highest quality medical care and the money you need to live more comfortably.

Contact a Santa Monica car accident lawyer from McGee, Lerer & Associates to schedule your initial consultation. 

Related Reading

Frequently Asked Questions About Distracted Driving Accidents in California

Are there specific laws in California against texting while driving?

Yes, California has strict laws against texting while driving. It is illegal to write, send, or read text-based communication on a handheld wireless device while operating a vehicle. This includes texts, emails, and instant messages.

How can I prove the other driver was distracted at the time of the accident?

Proving the other driver was distracted may involve collecting various types of evidence, such as:

  • Witness statements
  • Surveillance footage
  • Cell phone records
  • Police reports
  • Vehicle data (if available)

An experienced accident attorney can assist in gathering and presenting this evidence effectively.

What types of compensation can I claim in a distracted driving accident?

Victims of distracted driving accidents can claim a range of compensations, including:

  • Medical expenses
  • Lost wages
  • Pain and suffering
  • Property damage
  • Emotional distress
  • Punitive damages (in certain cases)

How long do I have to file a distracted driving accident claim in California?

In California, the statute of limitations for filing a personal injury claim after a car accident is generally two years from the date of the accident. It is crucial to act promptly to ensure your legal rights are protected.

Should I contact a lawyer if I've been involved in a distracted driving accident?

Yes, contacting a knowledgeable distracted driving accident attorney is highly recommended. An attorney can guide you through the legal process, help gather necessary evidence, negotiate with insurance companies, and represent you in court if needed.

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