Stockton Distracted Driving Lawyers

California Texting Laws

Awareness of the fact that distracted driving causes the injury or death of thousands of people per year is not enough. That’s why California law has safety regulations making it illegal to engage in distracting activity while driving. More specifically, drivers are prohibited from driving a vehicle while “holding and operating a handheld wireless telephone or an electronic wireless communications device” unless the telephone or device is made specifically for hands-free operation and is used in that manner while driving.

Types Of Distracted Driving

People need to be aware of the types of distracted driving that may impact their driving to reduce distracted driving. According to the State of California’s Department of Motor Vehicles, there are three types of distracted driving:

• Visual—anything that involves taking your eyes off the road,
• Cognitive—anything that takes your mind off the road, and
• Manual—anything that takes your hands off the steering wheel.

You may believe that texting and driving—a form of distracted driving that falls under all these categories—is worse than speaking on the phone while driving. Realistically, engaging in any behavior that distracts you from driving—no matter how insignificantly—increases your chances of getting into a car accident.

How To Prove Distracted Driving

To prove your case, you will need to show that the other party is at fault for your collision and the resulting damages. The success of your case depends on your Stockton distracted driving accident attorney proving that the other party was somehow distracted while driving:

• The other party owed you a duty of care when the accident occurred;
• The liable party breached that duty of care by engaging in negligent activity, like distracted driving;
• The other party’s breach of that duty of care caused the accident; and
• There is a legal remedy—namely damages—for the injuries you received in the accident.

If you are in an accident caused by a negligent driver, you need to hire an attorney who understands how to prove distracted driving. An experienced attorney will be able to recover the compensation that you are owed for your accident. Failing to prove that the other driver was willfully distracted while driving may change the apportionment of fault, thus, reducing the amount you recover.

Distracted Driving Accident Average Settlement

After being blindsided by an accident, most people want to move past that phase of their life and return to “normal.”  The truth is, your medical bills may be sky high at this point, and it may be some time before you can go back to your old way of living. And we understand that not all accident survivors want to battle it out in court or at trial.

A common question we receive is, What is the distracted driving accident average settlement? Your settlement amount depends on:

• The severity of your injuries;
• The liable party’s insurance policy, if any;
• The total amount of your bills; and
• The facts of the accident.

In California, each of these factors significantly impacts the amount of damages you can obtain.

Comparative Negligence

California law follows a comparative negligence theory, meaning that each party is responsible for their own apportioned damages. For example, if you are found to be 40% liable for the accident and resulting injuries, the judge or jury will award you compensation for 60% of damages caused by the liable party.

The facts of the accident may show that you were slightly more at fault for the accident. While this does not completely bar recovery, it can significantly reduce the amount of your award. If this is your case, don’t worry. We may still be able to negotiate a settlement amount that gets you the compensation you deserve.

Stockton Distracted Driving Accident Lawyer

The team at Silva Injury Law is here to assist you. We believe that our duty to you is more than winning large monetary awards. We also want to make you feel like a part of the process while we fight for you every step of the way. Our firm has years of experience fighting for clients just like you. Michael Joe Silva is a Stockton distracted driving accident lawyer who worked as a Deputy District Attorney for Merced County District’s Office for several years. This gave him valuable experience at trial that helps him prevail in distracted driving accident cases to this day. Our office is ready and waiting to begin on your case. Contact our Stockton distracted driving accident lawyer today so that we can get you the justice you deserve.