Modesto Distracted Driving Accident Lawyers
Distracted driving has always been a problem, but it is getting far worse as more things compete for a driver’s attention. Despite increased enforcement of laws against distracted driving and neverending awareness campaigns, the problem still exists. Authorities have not made much of a dent in the problem as new generations of drivers adopt dangerous habits.
Distracted driving accidents often involve serious injuries. If you or a loved one have suffered an injury in a distracted driving accident, you need immediate legal help as you seek financial compensation from the driver responsible for the crash. Contact the Silva Injury Law Firm today to speak with a dedicated and determined attorney who can help you. Reach out to a Modesto distracted driving lawyer.
Our legal team knows that the first offers from insurance companies are insufficient and just a jumping-off point for negotiations. When an insurance company did not take our client’s rear-end crash and shoulder injury seriously, the adjuster offered $69,878. We knew his losses were worth more and fought to obtain $110,000 for our client.
Rear-end accidents are common with distracted driving, and you can trust we will take your injuries seriously. Reach out to Silva Injury Law for more information today.
Enforcement Campaigns Have Not Stopped Distracted Driving
Californians worry about distracted driving and other drivers who text or do something else behind the wheel. In fact, distracted driving is their single biggest safety concern. However, that does not stop people from not paying full attention when driving a car.
Roughly one in every six people admit to texting and driving – there are just the people who acknowledge their own behavior. Many others will break the law and just not admit that they do it regularly.
The problem is even worse among less experienced drivers. Roughly 40 percent of teenage drivers text and drive. These are the drivers who need to be paying attention the most.
Distracted Driving Crashes Can Cause Serious Injuries
Nationwide, 8.7 percent of car accident fatalities result from an accident involving distracted driving. For every car accident fatality, there are countless other drivers and their passengers that suffered an injury in crashes, and their lives are never the same again. The hobbies and passions that they enjoyed before the accident may now be out of reach.
There is no such thing as a minor car accident injury. Even a rear-end crash can cause severe and long-lasting injury. The problem in a distracted driving crash is that one driver has made little to no effort to avoid the accident, hitting the driver at a higher speed without taking any evasive measures.
Distracted Driving Is More Than Just Texting While Driving
Many people associate distracted driving solely with cell phone usage behind the wheel. It is true that cell phones took a bad problem and made it far worse. However, distracted driving existed before the cell phone came about. Since the beginning of cars, drivers have found other things to occupy themselves with when operating vehicles.
Distracted driving takes a motorist’s focus off the road—for example, having a conversation with other passengers in the car when driving can distract a driver.
The invention of fast food also made the problem of distracted driving far worse. Drivers eating behind the wheel have at least one hand off the wheel and are looking down at their food. Some drivers have even used their driving time as an opportunity to shave or apply makeup.
Even A Few Seconds Of Inattention Can Be Extremely Dangerous
Needless to say, motorists are less than effective when they do anything that takes their eyes off the road. For example, studies have shown that the average time to send a text is between 4-5 seconds. The average car can travel the length of a football field in that time if they are on the highway. Even after sending the text, the driver will need a couple additional seconds to adjust their eyes to the road.
The problem is bad enough when the driver travels at high speed on the highway. Distracted driving can be even more dangerous in a city environment when there are more potential challenges to which a driver will need to respond.
There are:
- Stop signs
- Traffic lights
- Changes in traffic patterns
- Crosswalks
- Cars stopped in traffic
Drivers Must React Quickly Under The Best Of Circumstances
Drivers often have a second or less to respond to changing conditions in front of them, whether on the highway or in city traffic. Missing the prompt can mean a driver is in an accident at a higher speed. Distracted driving keeps the motorist from slowing down or trying to avoid the crash. Therefore, distracted driving crashes can have an even higher rate of severe injury or fatality.
Distracted Driving Often Causes Rear-End Car Crashes
Perhaps the most common type of distracted accident is a rear-end crash. These crashes have increased in number in recent years, especially as the distracted driving problem is worsening. Although rear-end crashes happen frequently and have a lower fatality rate, it does not mean they cannot cause serious injury.
Rear-end crashes are dangerous because they unleash a large amount of force on the front car that gets hit. The front driver is stopped or traveling at a slower speed than the car that hits them. The collision will transfer all the power from the rear car to the front car.
The most common type of injury from a rear-end car accident is whiplash. This injury occurs when the head and neck snap forward when the body is at rest. Whiplash can cause severe head, back, and neck injuries. It can even cause lasting traumatic brain injury.
Distracted Driving Also Causes Other Extremely Dangerous Car Accidents
Another common type of distracted accident is a sideswipe crash, caused when an inattentive driver strays from their lane or does not check before changing lanes. Even though your collision is not head-on, a sideswipe crash is dangerous because it can cause you to lose control of your own car. A sideswipe accident can force you from your lane into oncoming traffic, and another vehicle can hit you.
Perhaps the most dangerous crash caused by distracted driving is a head-on accident. Distracted drivers may end up in the wrong lane because they miss a sign or they veer into oncoming traffic on a two-lane road. While head-on crashes are rare, they have the highest fatality rate because of the force of the accident. Only two percent of the total number of car accidents are head-on crashes, but one in every ten fatalities happens in these accidents.
You Still Need Evidence In A Contested Case
You may not always have to prove that the other driver was distracted from winning your case. For example, if another driver has rear-ended you, they will be presumed to be the responsible party unless they can come up with evidence that shows that you cut them off or stopped short in front of them.
Nevertheless, if you are involved in a contested case, you may need evidence that the driver was distracted at the time of the crash. It may be beneficial when you have a large case, such as a truck accident injury.
Cell Phone Data Could Help You Prove Your Case
You can obtain evidence that can show that the driver was on their phone at the time of the accident. Although an insurance company may demand cell phone data from each driver involved in the crash because they are looking to spread the blame around, the adjuster has no legal right to phone records. However, you can subpoena phone records in a lawsuit. You can obtain them in the discovery phase of the case when you can get your hands on evidence that is in the other party’s possession.
Cell phone records can show that the driver was texting or on their phone when behind the wheel. However, the driver may claim that they were using a hands-free device at the time of the crash. Therefore, witness testimony from people who saw the crash will also help confirm that the driver was distracted.
Even if you cannot access or effectively use cell phone records, you can still prove that the other driver was to blame for the accident. Distracted driving means that they will make sudden or erratic motions or fail to anticipate specific challenges in front of them.
How Negligence Works In Your Car Accident Case
For example, if a driver veers from their lane into oncoming traffic, it is an example of negligence. A reasonable driver remains in their lane, and they do not stray from it regardless of the cause. The same thing goes for an accident where the driver does not thoroughly check into their blind spot before changing lanes. It does not matter whether a driver was on the phone or paying full attention. They will be legally responsible just the same.
However, it always helps your case when you have evidence of precisely what the other driver was doing. It can help you in front of a jury or gain leverage in settlement negotiations.
Your Damages In A Distracted Driving Case
If you have suffered an injury in a distracted driving crash, you have the right to full compensation for all the damages that you have suffered.
In a car accident case, damages go beyond your physical injuries, and they can include:
- The cost of your medical care (including doctors, hospital stays, medication, and medical equipment).
- The income that you should have earned from working at your job (or the reduction in your earnings capacity)
- The physical pain and emotional suffering that you are enduring
- The loss of enjoyment of the life that you had before the injury
If your loved one died in a distracted driving crash, the attorneys at the Silva Injury Law Firm will fight for your family to receive compensation in a wrongful death claim. Your family can seek compensation as justice for the losses you have suffered after your loved one died tragically because of someone else’s carelessness.
The Insurance Company Tries To Make Your Life Harder
In any car accident case, there will be insurance companies involved in your case. You will file a claim against the responsible driver’s insurance policy. You might need to file a claim against your own policy if the other driver lacks coverage.
The insurance company does not care about you or your injuries. They are interested in their own finances and profits. Therefore, they will do everything possible to reduce the amount of money that they will pay you.
Here are some of the tactics that an insurance company may use to make your life more difficult and your settlement check smaller:
- Delaying your claim to heighten your sense of desperation and make you more willing to settle for less
- Making you lowball settlement offers to either wear you down or try to trick you into taking less
- Pressuring you to give a statement on the record and taking what you say out of context
- Pressuring you to accept a low settlement and sign away your legal rights forever
At the Silva Injury Law Firm, we protect your legal rights and fight for you to receive full financial compensation for your car accident injuries. We will get right to the bottom of what happened and work to conclude how much your case is worth. Then, we will advise you about the most effective way to pursue full and fair compensation for your accident injuries. At the same time, we know the insurance company’s games and tricks and do not let them get away with them. We are both your protector and your advocate.
Call A Modesto Distracted Driving Accident Lawyer Today
The attorneys at the Silva Injury Law Firm are ready and available to speak to you after you or a loved one has suffered an injury in a car accident. You need to reach out to an attorney as soon as possible, and time is of the essence. You can speak to one of our attorneys during a free initial consultation. Call us at any time at (209) 308-8924 or send us a message online. Reach out to a personal injury lawyer.
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515 13th St.
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Modesto, CA 95354
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