How Martin Rose Made a Full Recovery – and Earned a $110,000.00 Settlement – with Help from Silva Injury Law

How Helen G. Earned a $600K Trip & Fall Settlement with Help from Silva Injury Law

Modesto Distracted Driving Accident Lawyers

Driving while distracted puts other motorists, pedestrians, and bicyclists at risk. According to the National Highway Traffic Safety Administration (NHTSA), 3,142 people lost their lives in 2020 due to distracted drivers. You have legal rights in California when you suffer injuries due to an accident with a distracted driver. You can file a claim for your injuries and other damages against the responsible parties. If you need assistance following an accident, contact the Modesto distracted driving accident lawyers at Silva Injury Law today.

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Average Settlement Amount for Distracted Driving Claims

Understandably, prospective clients want to know the average settlement amount for a distracted driving accident claim. Unfortunately, sharing a specific amount or even a range is impossible because all accidents are unique. Certain factors can impact your overall claim value, including:

  • Type and severity of injuries,
  • Who is liable,
  • Total amount of damages, and
  • Available insurance coverage.

If you have questions on what your injury claim is worth, speak with our Modesto distracted driving accident attorneys today. We will review your case and explain why your accident claim is worth a particular amount.

Causes of Distracted Driving Accidents

Some people mistakenly assume that distracted driving is just using your cell phone while driving. However, distracted driving is anything that takes your attention off the road, causing you to lose focus. Any number of things can be a distraction. GEICO Insurance reports some of the most surprising distractions to include:

  • Driving while sad or angry,
  • Type of music and how loudly you play it,
  • Holding a full bladder,
  • Your dog,
  • Children,
  • Using hands-free technology,
  • Eating, and
  • Reaching for things in the backseat.

Some people get distracted by stress and think about other things going on. Daydreaming or “lost in thought” is one of the leading causes of distractions in fatal accidents.  

How to Prove Distracted Driving in a Claim

Before collecting compensation for your injuries in a distracted driving accident, you must prove liability against the responsible driver. Even if you are partially responsible for the accident, you can still collect some of your damages in California. The reason is California is a pure comparative negligence state. Under this law, you can collect compensation for your injuries. However, your percentage of liability will reduce your award amount.

For example, a jury determines you are 10% at fault. That means you would receive 90% of your damages. What happens if you are 90% at fault? Then you would still receive 10% of your damages.

To successfully prove distracted driving, you must provide evidence of these four elements:

  • Duty of care. You must show that the defendant owed you some duty of care. Drivers must follow California’s distracted driving laws. All motorists owe each other a duty of care, which is one of the most straightforward factors to prove.
  • Breach of duty. Next, you must show a breach of duty. Driving while distracted is a breach of duty. Drivers know being distracted increases the risk of an accident, yet they still engage in risky behaviors.
  • Causation. You must prove that the defendant’s breach of duty is what caused your injuries. If something unrelated caused the accident, you would not necessarily have the link to causation.
  • Damages. Finally, you must show you suffered damages due to the accident. Examples include injuries with medical expenses, property damage, missed time from work, etc.

Proving fault in a distracted driving accident can be complicated. You need an experienced attorney who can preserve all evidence and help you build a solid case.

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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

How Our Modesto Distracted Driving Accident Attorneys Can Help

If you are wondering whether it’s worth retaining a attorney to represent you, here are some of the ways our legal team can help:

  • Open an independent investigation;
  • Gather all documentation and evidence;
  • Speak with witnesses;
  • Communicate with the defendant’s insurance company;
  • Submit a demand to all responsible parties;
  • Negotiate a potential settlement on your behalf;
  • File a lawsuit within the statute of limitations;
  • Prepare your case for trial; and
  • Try your case in court.

Hiring a skilled lawyer helps prevent you from jeopardizing your potential compensation. When you are unrepresented, you might inadvertently say something to the insurance company that they try to use against you.

When you hire Silva Injury Law, we will be there every step of the way. Every client is important to us. We will work diligently to help you recover the maximum compensation possible. To learn more, contact our Modesto distracted driving accident lawyers today.


Our experienced legal team also handles other types of injury cases, including: