In the last few years, distracted driving has emerged as a pressing concern in the roads of the United States, and California is no exception. The proliferation of smartphones and other electronic devices has made it easier for drivers to divert their attention from the road, leading to an alarming increase in accidents and fatalities.
In response, California has implemented stringent traffic laws to curb this dangerous behavior and protect the safety of its citizens. In this article, we will delve into the intricacies of California distracted driving law and explore the circumstances under which hiring a personal injury lawyer becomes not just a prudent choice but a necessity.
The Consequences of Distracted Driving for Victims
Distracted driving in California, as in many other states, can have severe consequences not only for the driver engaging in these behaviors, but also for the innocent victims. According to the National Highway Traffic Safety Administration (NHTSA), 3,308 deaths were caused by distracted driving in the US during 2022, mainly due to the prevalent use of handheld cell phones and other devices behind the wheel. In fact, a public opinion poll indicates that 74.2% of California’s drivers and pedestrians consider this reckless driving the biggest safety concern while on the road.
When a distracted driver causes an accident, the fallout can be life-altering. Here are some of the consequences that victims of distracted driving accidents in California may face:
Physical Injuries
Victims of accidents often sustain various degrees of physical injuries, ranging from minor cuts and bruises to severe life-threatening conditions, like a traumatic brain injury. These injuries may require extensive medical treatment, surgeries, rehabilitation, and long-term care, negatively impacting the victim’s health and well-being.
Emotional Trauma
The emotional toll on victims can be substantial. Survivors of accidents caused by distracted driving may experience post-traumatic stress disorder (PTSD), anxiety, depression, and other emotional challenges that can affect their quality of life.
Financial Burden
Medical bills, rehabilitation costs, and lost wages due to injuries can lead to a significant financial burden for victims. Insurance may cover some of these expenses, but not always to the extent required for a full recovery.
Property Damage
Distracted driving accidents often result in private property damage, including damage to vehicles, personal belongings, and even buildings and infrastructure. Repair or replacement costs can be substantial.
Disruption of Daily Life
The recovery process can be disruptive, with victims needing time off work or assistance with daily tasks. This can lead to further stress and a diminished quality of life.
Uncertainty about the Future
Victims may worry about their future, particularly if their injuries are disabling or downright permanent. They may need ongoing medical care and may be unable to return to their previous employment and routines, severely impacting their prospects in the long term.
Need for Legal Representation
To ensure their rights are protected and to seek the appropriate compensation from a negligent party, victims may need to consult with a personal injury attorney experienced in distracted driving cases.
California Distracted Driving Law
California has several laws and regulations in place to address distracted driving. Many of these cell phone laws aim to reduce the risks associated with using electronic handheld devices while operating a motor vehicle, which is one of the most common causes of car accidents.
- Handheld Electronic Devices: California law prohibits the use of handheld electronic devices while driving. This includes holding and operating cell phones, tablet, or similar, as well as making phone calls, writing, sending, or reading text messages and emails, and else. However, while using a handheld cellphone is a no-no, drivers are allowed to use a wireless device if it’s mounted to the windshield or dashboard and operated in a hands-free manner.
- School Zones and Work Zones: In school zones and construction zones, all drivers are prohibited from using handheld electronic devices while driving. This extends to using hands-free technology as well.
- Bus Drivers: Bus drivers are subject to more stringent regulations. They are not allowed to use mobile phones, including hands-free devices, while driving, except in emergency situations.
- Beginner Drivers: Drivers under the age of 18 are not allowed to use any electronic device, even in hands-free mode, while driving, except in emergencies.
- Emergency Situations: Drivers are allowed to use electronic devices in emergency situations, such as when calling 911 to report a crime, traffic accident, medical emergency, or hazardous condition.
In addition to mobile phones and electronic devices, California’s distracted driving laws also cover other types of distractions that can impair a driver’s attention and endanger road safety. These distractions include:
- Eating and Drinking: Any activity that involves taking hands off the steering wheel or diverting attention to consuming food or beverages can be considered a distraction.
- Grooming: Activities like applying makeup, shaving, or brushing hair while driving can divert a driver’s attention from the road.
- Adjusting Vehicle Controls: Making adjustments to the radio, GPS, air conditioning, or other in-car controls can be distracting if done while driving.
- Reading: Reading books, maps, newspapers, or documents while driving can significantly impair a driver’s ability to focus on the road.
- Interacting with Passengers: Engaging in intense or distracting conversations with passengers can divert a driver’s attention away from the task of driving.
- Pets: Pets in the vehicle that are not properly secured or are causing a driver to lose focus can be considered a distraction.
- Daydreaming: While not something that can be easily enforced or legislated, daydreaming or “zoning out” can lead to distracted driving.
- Smoking: Lighting, smoking, or extinguishing cigarettes or e-cigarettes while driving can be distracting.
It’s important to understand that any activity that takes a driver’s attention away from the primary task of safely operating a motor vehicle is potentially subject to California’s distracted driving laws. When caught doing so, individuals may face traffic tickets and other penalties as outlined by the law. In addition, subsequent offenses often result in points being added to the driving record, potentially affecting insurance premiums and rates.
For novice drivers under the age of 18, any distracted driving violation can lead to a one-year probationary period during which they must avoid any further violations. These penalties underscore the seriousness with which California’s law enforcement agencies view distracted driving and emphasize the importance of ensuring road safety.
The Role of a Lawyer in a Distracted Driving Case
In a distracted driving case, a lawyer plays a critical role in helping clients navigate the legal process and seek compensation for all damages resulting from an accident. Here’s how a lawyer can assist in such cases:
- Consultation and Legal Representation
- Investigation and Determining Liability
- Negotiation
- Litigation
- Legal Expertise
- Advocating for Your Best Interests
- Settlement Evaluation and Damage Assessment
A lawyer in a distracted driving case is essential for ensuring your rights are protected, and maximizing your chances of receiving fair compensation for the harm you’ve suffered due to fault driver negligence. They will guide you through the entire legal process and help you make informed decisions about the best course of action for your case.
Get Help From an Award-Winning Car Accident Attorney
Seeking legal advice from a car accident lawyer is crucial to protecting rights and securing rightful compensation. Not having legal representation can be risky and may affect the outcome of your personal injury claim.
Farahi Law Firm has award-winning personal injury lawyers with a proven record of helping crash victims get the maximum compensation and the best medical care for their accident injuries and trauma. No fees unless we win.
Contact us to arrange a FREE legal consultation.
