A moment of distraction behind the wheel can have devastating consequences, leading to traffic accidents that cause serious injuries and disrupt lives. Whether it’s texting, using a phone, or other forms of inattention, distracted driving puts everyone on the road at risk.
At Vaziri Law, LLP, our distracted driving accident lawyer in Los Angeles helps individuals pursue compensation from negligent drivers. With over 200 years of combined experience, we are committed to achieving fair results for our clients.
Our Los Angeles car accident lawyers at Vaziri Law, LLP, provide personalized attention to every case, helping clients recover the financial resources needed to move forward. Contact us today for a free consultation.
Why Choose Vaziri Law, LLP, for Your Distracted Driving Accident Case
Distracted driving cases require careful attention to detail and a dedicated approach. Our Los Angeles personal injury lawyers stand out by fostering meaningful relationships with clients and supporting them throughout the legal process.
We also limit our caseload to provide exceptional service, thorough case preparation, and personalized attention to every client.
By investing more time, resources, and personalized care into every case, we have built a reputation for delivering results.
Case Results
We have recovered over $1 billion in client settlements and verdicts, helping victims of distracted driving accidents secure compensation for their injuries and losses. Our case results do not guarantee future outcomes but highlight our dedication to injury victims.
Experience With Catastrophic Injury Cases
We are known and respected among attorneys and medical professionals for handling high-value and high-stakes cases with consistent success.
Our attorneys are skilled in resolving catastrophic injury claims, including trucking accidents, rideshare collisions, pedestrian injuries, and traumatic brain injury cases.
We have also achieved proven results in delivery vehicle accident cases involving companies like Amazon, FedEx, and other box trucks, where distracted driving is often a factor.
Trial-Ready Legal Representation
Many of our senior trial attorneys are members of the American Board of Trial Advocates (ABOTA), an invitation-only organization recognizing the most accomplished trial lawyers in the profession. This distinction reflects our commitment to excellence in litigation.
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What Behaviors Constitute Distracted Driving?
According to the Centers for Disease Control and Prevention (CDC), distracted driving involves any activity that takes your hands off the wheel, eyes off the road, or mind off driving.
These distractions are a frequent cause of preventable crashes, often leading to serious injuries. Distracted driving accident lawyers regularly handle cases stemming from the following behaviors:
Using a Smartphone
Talking on a cell phone, texting, or using social media while driving is one of the most dangerous forms of distraction. The AAA Foundation reports that talking on a phone while driving quadruples the risk of a crash.
Cell phone use is particularly hazardous because it involves manual, visual, and cognitive distractions. If you were injured in an accident caused by texting or phone use, a texting and driving accident lawyer can help you seek compensation.
Daydreaming or Losing Focus
Letting your mind wander while driving may seem harmless, but it creates significant risks. Driving requires full attention, and any lapse in focus is considered negligent.
Daydreaming is a common cause of accidents that distracted driving accident attorneys often see in their cases.
Talking With Passengers
Having conversations with passengers can divert attention from the road. Drivers often turn toward the person they are speaking to, which creates visual and cognitive distractions that can lead to serious collisions.
Watching Roadside Diversions
Whether it’s looking at a billboard or observing a roadside accident, taking your eyes off the road to focus on external distractions can easily result in a crash.
Drivers who are distracted by events outside the car frequently cause accidents.
Adjusting Vehicle Controls
Fiddling with the radio, navigation system, or climate controls while driving may seem minor, but these actions can take your attention off the road for longer than you realize.
Adjusting vehicle controls is a common cause of accidents that a distracted driving attorney can help address.
Eating or Drinking
Eating or drinking while driving requires at least one hand to leave the wheel. If food or drinks are spilled, the distraction can quickly escalate, leading to unsafe driving behavior and potential crashes.
Children or Pets in the Vehicle
Children and pets can create significant distractions by moving around, making noise, or calling for attention.
Drivers often turn to address these distractions, taking their eyes off the road and hands off the wheel, which significantly increases the risk of an accident.
Moving Objects in the Car
Objects falling or sliding in the vehicle can cause drivers to instinctively reach for them. This action takes focus away from driving and can result in a collision.
Distracted driving is entirely avoidable, yet it continues to cause accidents that leave victims facing injuries and financial losses.
What Is the Average Settlement for a California Distracted Driving Lawsuit?
There is no clear-cut “average” settlement for distracted driving lawsuits in California. Each accident has its own unique set of facts and circumstances, making it difficult to assign a standard dollar value.
Several factors play a significant role in determining the settlement amount in these cases. Our distracted driving accident attorney in Los Angeles can seek both economic damages and non-economic damages.
Medical Expenses
Medical expenses often account for a significant portion of settlements in distracted driving cases. These accidents can result in severe injuries such as fractures, spinal damage, or brain trauma, often requiring emergency care, surgeries, hospital stays, and long-term rehabilitation.
A distracted driving accident attorney in Los Angeles can help recover compensation for these costs, including any future medical care needed due to the injuries.
Property Damage
Distracted driving collisions frequently cause significant damage to vehicles. Victims can recover compensation for vehicle repairs or replacement, as well as for diminished value if the vehicle loses resale value after repairs.
Loss of Earnings
Injuries from distracted driving accidents often leave victims unable to work while they recover. Whether the recovery period lasts days, weeks, or months, victims can seek compensation for the wages they lose during this time.
A distracted driving accident lawyer calculates these losses based on the victim’s regular income and the duration of their recovery.
Loss of Earning Capacity
Some victims of distracted driving accidents suffer long-term or permanent injuries that prevent them from returning to work or earning the same income as before.
For example, a person who sustains a disabling injury may no longer be able to perform physically demanding tasks or continue in their chosen profession.
Distracted driving accident lawyers often work with experts to evaluate the long-term financial impact of these injuries and pursue compensation for lost earning capacity.
Pain and Suffering
Distracted driving accidents often cause lasting physical pain and suffering. This may include chronic pain, physical discomfort, or limitations that affect the victim’s ability to enjoy activities they once did.
Our team at Vaziri Law, LLP evaluates the toll these injuries take on the victim’s quality of life and seeks compensation for the physical and emotional suffering they endure.
Emotional Distress
The trauma of being involved in a distracted driving accident can leave victims with long-term emotional challenges. Many experience anxiety, depression, or post-traumatic stress disorder (PTSD) as a result of the collision.
A texting and driving accident lawyer can help recover damages for the emotional distress and mental health struggles caused by the accident.
Loss of Companionship
When distracted driving leads to catastrophic injuries or fatalities, the victim’s family may suffer the loss of companionship, care, and emotional support. A distracted driving accident attorney in Los Angeles can help families seek compensation for the profound impact on their relationships and lives.
Funeral and Burial Costs
For families who lose a loved one in a distracted driving accident, the financial burden of funeral and burial expenses can add to their grief. These costs can be recovered as part of a wrongful death claim filed with the help of a distracted driving lawyer.
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Texting and Driving Laws in California
Using a cell phone while driving in California is unlawful. California completely bans texting at all times while driving. The law prohibits drivers from using a cell phone or similar electronic communication device while driving.
Drivers under the age of 18 are entirely prohibited from using a phone while driving a car, even if the device is hands-free.
Steps to Take After a Los Angeles Distracted Driving Accident
After a car accident where you suspect the other driver may have been distracted, there are certain steps you can take to protect yourself and your personal injury claim.
Take the following actions:
- Seek medical attention for injuries suffered in the accident and follow up with your doctor for treatment. Getting prompt medical attention, treatment, and care not only puts you on the path to recovery but also creates a record of the types of injuries you sustained and the treatment you received after the accident.
- Be sure to file an accident report and obtain a copy of this report for your own records.
- If you suspect that the other driver was distracted or if you saw them texting or exhibiting other types of distracted behavior at the time of the accident, be sure to tell the officer who is writing the report.
- Contact an experienced Los Angeles distracted driving accident lawyer who can help protect your rights and secure maximum compensation for your losses.
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Frequently Asked Questions
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 lawsuit, including distracted driving cases, is two years from the date of the accident, as outlined in California Code of Civil Procedure § 335.1. If you fail to file your claim within this timeframe, you may lose your right to recover compensation.
For claims involving a government entity, such as when a distracted government employee causes the accident, the process is different. Under California Government Code § 911.2, you are required to file a government claim notice within six months of the accident.
Consulting with a distracted driving accident attorney in Los Angeles gives you a chance to get ahead of these deadlines. They can keep an eye on the statute of limitations while negotiating a settlement with an insurance company, protecting your right to take legal action if necessary.
What Evidence Is Needed to Prove a Distracted Driving Accident?
Proving that a driver distraction caused or contributed to an auto collision often requires strong evidence to show that the other driver’s negligence caused the crash. Evidence demonstrating this breach of duty of care can include the following:
- Cell phone records to confirm texting, phone calls, or internet use at the time of the crash.
- Eyewitness statements from passengers or bystanders who observed the driver’s behavior.
- Surveillance or dashcam footage showing the driver’s actions leading up to the collision.
- Police reports documenting the driver’s distraction or failure to focus on the road.
- Expert witness testimony, such as assessments from accident reconstruction experts.
A Los Angeles texting and driving lawyer can collect and analyze this evidence to build a strong case for fair compensation. We can challenge an insurance company’s determination of fault if it attempts to shift blame onto you.
Can I Still Recover Damages If I Was Partially at Fault for the Accident?
California law includes a pure comparative negligence rule, meaning you can still recover damages even if you were partially at fault for the accident. However, your compensation will be reduced based on your percentage of fault.
For instance, if you were found to be 20% at fault, you would still recover 80% of the total damages awarded.
A distracted driving accident attorney can work to minimize your percentage of fault and ensure that you receive the compensation you deserve. Whether you were partially responsible or not, having legal representation helps protect your rights throughout the claims process.
An Experienced Los Angeles Distracted Driving Accident Attorney Can Help
The experienced Los Angeles auto accident attorneys at Vaziri Law, LLP are dedicated to obtaining compensation for injured accident victims.
We understand that these types of accidents have the potential to cause permanent injuries, disabilities, and significant financial strain for victims and their families.
Call our law offices for a free, confidential consultation.