Value proposition icon

Total Peace
of Mind

Feel confident knowing your case is in expert hands, so you can focus entirely on healing.

Value proposition icon

Everything
Done for You

We handle every aspect of your case, from referrals to the best doctors to paperwork and negotiations.

Value proposition icon

Full Financial
Recovery

Our mission is to make you whole again by recovering compensation for all your losses—medical bills, lost wages, and more.

Madera Injury Lawyers

From cell phones to Bluetooth to voice commands, there are new and innovative ways to communicate and become distracted on the road. How often have you done something seemingly innocent that you realize later may have caused a serious accident? In fact, most people who actually engage in risky driving practices may not even realize the impact of their driving habits on their attention to the road.

Certain forms of distracted driving are so dangerous that California has initiated educational campaigns to spread awareness of the dangers of distracted driving. Although distracted driving is quite common, that does not mean that a distracted driver who caused an accident should be free from liability. If you have been in an accident, your best bet is to contact a Stockton distracted driving accident lawyer today to get the compensation you deserve.

Get Your Free Consultation

From the moment I called Michael for guidance after our accident I felt like we were family.

Lori F.

The whole team makes you feel informed and confident.

Debbie M.

My attorney was exceptionally knowledgeable, so kind with my children and explained the process so well. 

Tiffany M.

They were the best advocates for me and the process felt smooth the whole way through.

Tanisha M.

They made sure all of my doctor’s appointments were taken care of and that I had the best care.

Azsah R.

Most sincere thanks to the Silva Injury Law team for guiding me through this very difficult process.

Brandi P.

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.

Scroll down for more
We can help you. Here’s how: 

Your 3-Step plan to get through it:

1

Tell Us Your Story

Contact us 24/7 to get an immediate, no-obligation consultation. We will listen to your story and give you our best legal advice.

2

Put Your Case in Our Hands

If you have a viable claim, we’ll offer to represent you on a contingency fee basis, meaning you pay nothing out of pocket. 

3

Heal. Recover. Move Forward.

We’ll handle every aspect of your case so that you can focus on healing from the damage that’s been done.

Section Image
Personal Injury Lawyer

Causes Of Distracted Driving

Understanding the causes of distracted driving may help people curb some of their risky behaviors while driving. What are the causes of distracted driving that lead to an accident? Some of those causes may include:

  • Using electronic devices,
  • Reaching for something inside the vehicle,
  • Looking at an object or event outside of the vehicle,
  • Eating or drinking, and
  • Applying makeup.

Although some drivers think they are great multitaskers, doing so while behind the wheel can lead to serious death or injury. Drivers thinking they can read a text or email while barreling down the freeway put everyone in danger.

Get Your Free Consultation

Recent Results

$500,000

CAR VS. PEDESTRIAN

$500,000

CAR VS. PEDESTRIAN

$5,400,000

PREMISE LIABILITY

$1,800,000

REAR-END CAR ACCIDENT

$1,000,000

CAR ACCIDENT

$997,000

MVA

$993,971

MVA

$993,971

MVA

Stories of Triumph

Discover how Silva Injury Law clients Martin, Helen, and Jammie transformed their setbacks into victories with our guidance.

Martin'a Story

How Martin Earned a 6-Figure Settlement After a Car Accident

Jammie's Story

How Jammie Achieved Justice After a Restaurant Slip-and-Fall

Ricky's Story

How Ricky secured justice and financial relief after a work injury.

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.

Scroll down for more

Promoting Healing Through Compassionate Advocacy

We believe that our duty goes beyond achieving large monetary awards for our clients. We strive first to be decent human beings who seek not to stir up fights, but to solve problems.

As a peacemaker, the lawyer has a superior opportunity of being a good man. There will still be enough business.
-- Abraham Lincoln

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.

Scroll down for more

Get Answers from Our Blog

At Silva Injury Law, we believe that knowledge is power. Our blog and resource center are designed to equip you with the information you need to navigate your personal injury case with confidence.
Post Image
What's the Average Wrongful Death Settlement in California?
Post Image
How to Increase Your Personal Injury Settlement
Post Image
10 Signs You Should Go to a Hospital After A Car Accident

Get an Immediate Consultation

Book your 100% free, no-obligation consultation now.

    Name

    Email

    Phone Number

    Get Instant Answers

    Ask Our AI About Your Case