Right Legal Assistance for the Distracted Driving Accident Victims in Beverly Hills, CA
At Conlogue Law LLP, we understand the devastating consequences of distracted driving and its impact on individuals, families, and communities. Our distracted driving attorney Beverly Hills CA possesses the knowledge, experience, and unwavering commitment required to tackle these complex cases effectively.
We recognize that every case is unique, and we tailor our legal strategies to meet your specific needs. With our dedicated team by your side, you can trust that we will fight passionately on your behalf, ensuring your voice is heard and your rights are vigorously protected.
Contact Conlogue Law LLP today and let us champion your cause, seeking the justice and compensation you need to rebuild your life. Together, we can make our roads safer and hold those accountable for their actions. Act now, and let Conlogue Law LLP be your beacon of hope in the fight against distracted driving.
Is Distracted Driving Illegal in California?
While distracted driving itself is not explicitly prohibited by law in California, certain actions can lead to criminal offenses. According to California law, it is illegal for any driver to operate a handheld electronic device for making phone calls, sending texts, or any other purpose.
Engaging in distracted driving can also result in the commission of moving violations or traffic infractions, such as running a red light or exceeding the speed limit. If a driver causes a car accident while driving distracted, they may face criminal charges such as reckless driving, vehicular assault, or vehicular manslaughter.
However, it is important to note that a driver can still be held civilly responsible for an auto accident without necessarily breaking the law. If a victim can provide evidence demonstrating that the driver’s negligence or recklessness, such as distracted driving, directly caused the crash, the victim may be entitled to
compensation for their damages.
What Are the Different Types of Driving Distractions?
To understand the factors contributing to a distracted driving accident, it is crucial to analyze the various types of driving distractions that may be involved.
Visual Distraction
Visual distraction refers to instances where drivers divert their attention away from the road and focus on other things. Whether it’s texting on a mobile device or getting captivated by the car beside them, not keeping their eyes on the road can lead to severe and even deadly accidents.
Cognitive Distraction
Cognitive distraction occurs when a driver’s focus is not fully on the road, which significantly contributes to personal injury in car accidents. This type of distraction can arise from various situations, ranging from daydreaming about dinner plans to worrying about the well-being of a significant other at work.
Manual Distraction
Manual distractions arise when drivers remove their hands from the steering wheel, and this type of behavior is both prevalent and highly hazardous. Whether you have driven a vehicle yourself or been a passenger, you have probably witnessed or encountered manual distractions.
What Are the Texting And Driving Laws in California?
California stands out among a limited number of states with a range of stringent and enforceable laws specifically addressing texting while driving. As an individual who has been involved in an accident, you must be aware of the laws that exist to safeguard your rights.
California’s laws encompass various provisions, which include but are not restricted to the following:
California Vehicle Code 23123
According to the vehicle code, it is explicitly stated that operating a motor vehicle while using a wireless telephone is prohibited unless the phone is specifically designed and set up for hands-free communication and is used in that manner while driving.
This means that any form of cell phone use while driving, including activities like texting or using GPS, is entirely forbidden.
California Vehicle Code 23124
As per this code, individuals who are under 18 years old are not allowed to use a cell phone while driving, even if they are using a hands-free device. Research studies have consistently demonstrated that individuals under the age of 18 are statistically more prone to being involved in car accidents compared to other age groups.
Engaging in cell phone use while driving only further heightens the risk of distracted driving in this vulnerable population.
California Vehicle Code 23123.5
This code prohibits all forms of texting while driving, except when it is entirely hands-free. The laws in California acknowledge that texting while driving is one of the most perilous factors contributing to distracted driving.
Numerous laws and regulations exist to hold distracted drivers accountable for their lack of responsibility when behind the wheel. At Conlogue Law LLP, we are well-versed in these motor vehicle laws that are specifically designed to safeguard your rights.
Give us a call today to discover how we can provide you with valuable insights and guidance regarding the legal protections available to you.
What Are the Most Common Injuries in Distracted Driving Accidents?
Serious motor vehicle accidents have the potential to result in severe and life-altering injuries, necessitating costly medical treatments. In distracted driving accident cases, some of the most frequently observed injuries include:
- Head injuries and Traumatic Brain Injuries
- Whiplash, along with back, neck, and spinal injuries
- Fractures in the arms, legs, and ribs
- Damage to soft tissues and organs
- Contusions and bruises in the chest and upper body
Irrespective of the nature of your injuries, if they were caused by a vehicle operator who was not paying attention to the road, our qualified distracted driving attorney in Beverly Hills, CA, will fiercely advocate for your entitlement to compensation.
What to Do Following a Distracted Driving Accident in California?
Dial 911 and Get Medical Assistance
In the event of a severe accident, it is vital to promptly reach out to the appropriate authorities to ensure that the incident is properly documented and that all individuals involved receive immediate medical attention. Your top priority should be your health and well-being during this time.
Photograph the Accident Scene and Your Injuries
Documenting the accident scene is of utmost importance. Keep your cell phone readily accessible to capture photographs of the damage to your vehicle, the surrounding crash scene, and any potential injuries. Having visual evidence in the form of pictures can significantly impact the strength of your injury case.
Obtain the Contact Details of Every Witness
If there were individuals who witnessed the crash, it is crucial to act swiftly in obtaining their contact information. These eyewitnesses can serve as valuable resources for your personal injury attorney to leverage in seeking justice for your case.
Request the Police Reports
It is essential to promptly request a copy of the police reports related to your accident and crash. These documents play a crucial role in determining fault or negligence in your case. Obtaining them as soon as possible is vital.
Maintain All Records of Your Medical Expenses
When evaluating your accident and personal injury case, it is important to consider any high medical expenses and costs covered by your insurance company. If the accident was not your fault, you should not be held responsible for bearing the financial burden of your injury care.
Request the Other Driver’s Insurance Card and Contact Details
This information will be crucial as you proceed with your case and work towards obtaining the compensation you rightfully deserve.
Contact Conlogue Law LLP
It is crucial to arrange a consultation with our skilled California distracted driving attorney without delay. If you have been involved in a distracted driving accident, it is vital to have a qualified personal injury lawyer by your side to pursue the financial compensation that you deserve. Allow us to fight on your behalf.
How Can I Prove Distracted Driving?
Similar to any other type of lawsuit, having strong and compelling evidence is crucial for winning your case. One of the significant advantages of having our committed distracted driving attorney Beverly Hills CA on your side is our ability to gather various forms of essential evidence to support and strengthen your case.
Cell Phone Records
Our legal team can request a subpoena for the distracted driver’s cell phone provider, enabling us to obtain their phone usage records. These records can shed light on whether the distracted driver was engaged in texting or talking while operating the vehicle.
Additionally, cell phone records can provide insights into the specific applications the distracted driver was utilizing at the time of the accident.
Police Reports
Usually, police officers are responsible for compiling accident reports once they reach the accident site. These reports contain valuable information, such as details about the involved vehicles and the surrounding environmental conditions.
Additionally, the reports indicate whether the distracted driver received a citation or ticket for engaging in distracted driving. These reports serve as a valuable source of information for your case.
Witness Statements
Unless your distracted driving accident took place in a secluded area or during the late hours of the night, some likely witnesses observed the incident. Our Beverly Hills distracted driving attorney has the skills to locate these eyewitnesses and gather their written or oral testimony, which can be valuable evidence for your case.
Photographic Proof
Traffic cameras, dash cams, and videos captured by bystanders can offer valuable insights into the actions of the distracted driver leading up to and during the relevant events.
This type of evidence can also help demonstrate the extent of the accident and the resulting damage to your property or well-being. Such visual evidence plays a crucial role in building a strong case.
What Damages Can I Get for My Distracted Driving Accident Injury Claim in California?
In a personal injury claim, you have the right to seek financial compensation for all the losses you have incurred due to the accident. Unfortunately, insurance companies often attempt to convince injury victims to accept settlements that fall far short of what they deserve.
Our personal injury attorney is here to ensure that you receive fair compensation for your injuries. Damages in a distracted driving accident injury lawsuit can encompass various aspects and may include financial recovery for:
- Property damage
- Lost income and wages
- Decreased ability to earn a living
- Medical costs
- Anticipated future medical treatment
- Scarring
- Disfigurement
- Diminished quality of life and enjoyment
- Emotional distress
- Physical pain and suffering
In certain situations, punitive damages, which are intended to punish the at-fault party, may be awarded. Our competent personal injury attorney will collect bills, invoices, and medical records to build a solid case for seeking compensation.
We will also collaborate with experts who can assess the value of intangible losses, such as emotional trauma. Through these efforts, we aim to secure the maximum possible recovery for all your losses.
What If I Was Partially Responsible for My Distracted Driving Accident Injuries?
Even if you bear some responsibility for a distracted driving accident, you still have the right to seek compensation from the at-fault driver for your damages. California follows the principle of comparative negligence, which means that even if you were partially at fault, it does not prevent you from pursuing a claim. However, your total recovery may be reduced based on the percentage of fault assigned to you.
What is California’s Statute of Limitations for Distracted Driving Accident Injury Claims?
A statute of limitations is a legal rule that establishes the timeframe within which you are allowed to bring a lawsuit to court. Each state has its specific statutes of limitations that vary depending on the type of case you want to file.
In California, for personal injury claims related to distracted driving accidents, you have a time limit of two years from the date of the injury to file your claim. It’s important to be aware of this deadline to ensure you take appropriate legal action within the specified timeframe.
When Does the Statute of Limitations Begin?
Typically, the statute of limitations for distracted driving accidents begins counting from the date of the actual collision. However, it’s important to note that the specific time limit can vary depending on the details and circumstances of each case.
What Are the Exceptions to the Statute of Limitations?
While the general time limit to file a distracted driving accident claim in California is two years, it’s important to note that there are exceptions that can either shorten or extend this timeframe.
For example, if the accident occurred due to the negligence of a local government in maintaining state or city roads, the statute of limitations is significantly reduced to just six months. This means you need to take prompt action to hold the responsible agency accountable.
On the other hand, there are instances when the statute of limitations for an accident claim in California may be extended, allowing for more time to file your claim.
Injury Claims Involving Minors
When a minor under the age of 18 is involved in a distracted driving accident, the statute of limitations starts counting from the moment the child reaches 18 years old. This means that they have a certain amount of time, typically starting from their 18th birthday, to initiate legal action regarding the accident.
Mental Incapacity
For individuals who are deemed mentally incompetent, the statute of limitations is put on hold until they regain legal capacity as determined by the law. This means that their time limit for taking legal action regarding a distracted driving accident is paused until they are considered mentally competent again.
Due to the varying nature of the statute of limitations, it is crucial to consult with our personal injury lawyer to understand the specific timeframe within which you need to take legal action. By discussing your circumstances with our lawyer, you can determine the appropriate timetable for initiating your legal claim.
Why Do I Need a Distracted Driving Attorney in California?
At Conlogue Law LLP, we go beyond simply raising awareness about the perils of distracted driving. We are passionately committed to defending the rights of innocent individuals who have endured severe injuries in car accidents caused by distracted drivers, even when they bear no fault whatsoever.
The responsible driver should be held accountable for the pain and economic hardships they have caused you and your family. If you have been a victim of a distracted driving accident, we urge you to reach out to our office without delay. Let our skilled California distracted driving attorney help you by:
- Carefully examine the details of your accident to conduct a comprehensive investigation and gather compelling evidence to strengthen your claim.
- Engage in skillful negotiations with the insurance company to secure a settlement that is fair and covers all your rightful damages.
- If negotiations reach an impasse, vigorously represent your interests in court, employing aggressive legal strategies to attain the best possible outcome for your injury claim.
Personalized Legal Service From Our Experienced Beverly Hills Distracted Driving Attorney
Conlogue Law LLP stands ready to be your unwavering ally in the battle against distracted driving in California. Our exceptional legal services, coupled with our deep understanding of the laws governing driver responsibilities, enable us to provide unparalleled advocacy for our clients.
We are not just a law firm; we are a force of justice committed to making our roads safer and ensuring that those responsible for distracted driving incidents are held accountable. Don’t let the devastating effects of distracted driving go unaddressed. Take action today and entrust your case to our qualified distracted driving attorney Beverly Hills CA.
With our proven track record of success, personalized approach, and unyielding dedication, we will fight tirelessly on your behalf, striving to secure the justice and compensation you deserve. Contact Conlogue Law LLP now to schedule a consultation, and let us guide you through the legal process with confidence and compassion.
Together, we can create a safer future for all Californians and ensure that distracted drivers are held responsible for their actions. We can also help you with cases such as Pedestrian Accidents, Longshore Claims, Maritime Accidents, and Airplane Crash Accidents.
Remember, you don’t have to face this battle alone—Conlogue Law LLP is here to stand beside you every step of the way.
