Distracted Driving Attorneys in Pasadena

Types of Distraction

You may have been surprised to see “daydreaming” as an example of distracted driving in the previous section. Letting your mind wander is considered distracted driving due to the 3 main types of distraction.

• Visual distractions occur any time you take your eyes off the road;
• Manual distractions involve you taking your hands off the wheel;
• Cognitive distractions happen whenever you take your mind off driving.

Perhaps the most dangerous distracted driving behavior is texting while driving. This is because texting combines all 3 types of distraction. Reading or sending a text message requires you to take your eyes and attention off the road for at least 5 seconds. If you are traveling at 55 mph, 5 seconds is long enough to cover the length of an entire football field.

What to Do After a Distracted Driving Accident in Pasadena

If you have been involved in a distracted driving accident, taking certain steps after the collision can help protect your health and preserve information about what happened.

1. Get medical attention, even if your injuries initially seem minor. Some injuries may not become apparent immediately.
2. Call the police and make sure the accident is properly documented.
3. Document the scene with photos or videos of vehicle damage, road conditions, traffic signals, and other relevant details.
4. Get witness contact information before witnesses leave the scene.
5. Avoid giving a recorded statement to the other driver’s insurance company before understanding your rights.
6. Preserve evidence quickly, including photographs, videos, surveillance information, and other evidence that may help establish driver distraction.
7. Contact KP Law to discuss your accident and potential legal options.

Distracted Driving Accident Frequently Asked Questions

Can I still file a claim if the other driver was using a hands-free device?

Yes. The use of a hands-free device does not automatically determine whether a driver was responsible for causing a collision. Voice commands, hands-free calls, passengers, navigation systems, and other activities can still divert a driver’s attention from the road. The circumstances of the crash will determine how fault is established.

What if the distracted driver was a rideshare or delivery driver checking a work app?

These cases can involve an additional layer of insurance and potential liability. Depending on the circumstances, a rideshare or delivery company’s insurance coverage may come into play, particularly if the driver was actively working or completing a trip or delivery when the crash occurred.

Is a distracted driving case different from a standard car accident claim?

The basic legal process is similar, but distracted driving cases may involve additional evidence, such as phone records, app data, surveillance footage, or infotainment logs. Identifying and preserving this evidence can be an important part of investigating the accident.

What if I was partially at fault?

California’s comparative negligence rules may allow you to recover damages even if you share some responsibility for the accident. However, your recovery may be reduced according to your percentage of fault.

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

In most personal injury cases, California law provides a two-year period to file a lawsuit. Claims involving government entities can have substantially shorter deadlines and additional requirements. Because deadlines can vary depending on the circumstances, it is important to evaluate a potential claim promptly.

What does a free consultation with KP Law involve?

KP Law can review the circumstances of your accident, discuss your potential legal options, and explain the claims process. The consultation is free and there is no obligation to move forward.

Serving Distracted Driving Accident Victims in Pasadena and Nearby Communities

KP Law represents injury victims in Pasadena and surrounding communities, including Altadena, Glendale, Arcadia, and South Pasadena. If you were injured by a distracted driver, our team can help you understand your options for pursuing compensation.

Texting and Driving Accidents

Researchers have consistently linked texting and cellphone use to increased crash risks, and some say texting while driving is just as dangerous as driving under the influence. Nevertheless, approximately 481,000 drivers use cell phones while driving during daylight hours across America.

In 2017 alone, 3,166 people were killed in motor vehicle accidents involving distracted drivers.

In 2018, distracted driving crashes made up 7.8% of the year’s total traffic fatalities.

Many states have laws that ban texting and some ban handheld cellphone use altogether.

Distracted Driving Laws

Texting and handheld cellphone use are both banned for all drivers in California. Drivers younger than 18 are not allowed to use any kind of wireless communication or text while driving, including handheld and hands-free cellphones.

Those spotted texting and driving will receive a traffic ticket and may also face:

• Fines
• Courtroom appearances
• Court costs and attorney’s fees
• Suspended driving privileges
• Increased insurance rates

The consequences above aim to discourage distracted driving and can be inconvenient, but nothing compares to the unfathomable costs of causing an injury or untimely death.

To hold distracted drivers accountable, look no further than our firm.

Proving a Distracted Driving Accident Claim

Distracted driving is not always obvious after a collision. A driver may deny using a phone or claim they were paying attention when the accident occurred. Evidence can help establish what happened before and during the crash.

Depending on the circumstances, evidence in a Pasadena distracted driving case may include:

• Police accident reports
• Cell phone records and usage information
• Dashcam footage
• Traffic-camera or surveillance footage
• Video from nearby Pasadena businesses or properties
• Eyewitness statements
• Photos and videos from the accident scene
• Vehicle or infotainment system data
• Statements made by the other driver
• Evidence of phone, navigation, rideshare, or delivery-app activity

Some evidence may only be available for a limited period. Identifying and preserving relevant evidence promptly can therefore be important when investigating a distracted driving claim.

How Distracted Driving Can Affect Your Personal Injury Claim

California follows a comparative negligence system. This means an injured person may still be able to recover damages even if they are found partially responsible for an accident, although the amount recovered can be reduced based on their percentage of fault.

This can become important when an insurance company argues that the injured driver contributed to the collision. Evidence showing that the other driver was texting, using a phone, checking navigation, or otherwise distracted can help establish what occurred and how the collision happened.

What You May Be Able to Recover

Depending on the circumstances of your case, compensation may include:

• Past and future medical expenses
• Lost wages and reduced future earning capacity
• Pain and suffering
• Emotional distress
• Property damage
• Other damages permitted under California law
• Wrongful death damages in cases involving a fatal crash

The types and amount of damages available depend on the specific facts of each case.

How Our Team Can Help

At KP Law, we have 40 years of experience handling car accident claims, including those inspired by distracted driving or texting and driving. As former insurance defense lawyers, we understand both sides of the law and have access to leading expert witnesses.

Our attorneys entered personal injury law to help people in need. We have a history of strong case results and we never collect a fee unless we win your case. Further, our legal team is available 24/7 for our clients. From the moment you come through our doors for a free consultation, our firm will be on your side.