Distracted driving has always been a danger on the road. In 2020, distracted driving claimed the lives of 3,142 people. However, distracted driving has never been as prevalent as it is today.
While cell phones and dashboard technology are convenient, they also increase opportunities for distractions and collisions.
Every phone call, text message, GPS instruction, and music playlist change diverts a driver’s attention away from the road. Looking away from the road, even for a split second, is all it takes for a car accident to happen.
If you suffered injuries in a car accident that wasn’t your fault, you deserve to recover compensation for your losses. Read on to learn more about distracted driving accidents and what you need to prove to prevail on your claim.
What Is Distracted Driving?
Distracted driving occurs when a driver engages in an activity that takes their attention away from driving. These distractions include the following:
- Talking or texting on the phone;
- Eating or drinking;
- Talking with other passengers in the car; or
- Adjusting your stereo, entertainment, or navigation system.
According to the National Highway Traffic Safety Administration, when you send a text while driving at 55 mph and take your eyes off the road for even five seconds, that equates to driving the entire length of a football field with your eyes closed.
How Do I Prove a Distracted Driving Car Accident Claim?
An injured victim can obtain financial compensation after an accident caused by distracted driving if they prove the other driver was responsible for the collision. Proving distracted driving requires establishing that the other driver was negligent. In California, a negligence claim consists of four main elements, including:
- Duty. You must show the other driver owed you a duty of care at the time of the accident. A driver’s duty of care includes a responsibility to obey California driving laws and to pay attention to the road while operating a vehicle.
- Breach. Distracted driving is a breach of this duty of care. The driver should have known that engaging in this conduct was negligent and still chose to put others at risk.
- Causation. The breach must have caused your harm.
- Damages. You must have suffered harm, such as injuries or property damage.
Failing to prove negligence usually means your claim fails. Don’t risk losing the financial support you need to move forward. A qualified personal injury attorney understands what’s at stake and works hard to build a successful claim on your behalf.
Contact an Experienced Car Accident Attorney Today
At Wells Fall Injury Lawyers, our team of professional personal injury lawyers is standing by to assist you with your needs. Our extensive experience has helped our clients achieve justice, even in the most unique and challenging personal injury cases.
Since 1984, Wells Call Injury Lawyers has recovered over half a billion dollars for our clients. If you or your loved one suffered injuries in a distracted driving accident, contact our office today to find out how our California car accident lawyers can help you.