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Salinas Distracted Driving Accident Lawyers

distracted driving accident californiaIn 2021, the California Office of Traffic Safety Public Opinion Survey found that 74.3% percent of Californians identified distracted driving (texting or talking) as their biggest traffic safety concern. Distracted driving is without a doubt dangerous, and in the matter of a split second, lives can be changed forever. 

It may seem like the ding of the phone, chatter of a passenger, or flashing lights on the side of the road are harmless, but they all pose a real danger. Distracted driving claimed 3,142 lives in 2020, and thousands more were injured.

If you or someone you love were injured in a distracted driving accident, you need sharp and efficient legal counsel on your side. At Silva Injury Law our attorneys have had great success recovering damages for our clients. If you are wondering how to prove a distracted driving case, contact us today!

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Causes of Distracted Driving

There are many causes of distracted driving. However, some of the most common causes of distracted driving crashes are:

  • Texting or emailing,
  • Talking on the phone,
  • Eating or drinking,
  • Applying makeup,
  • Looking at the GPS,
  • Looking for a lost object in the vehicle,
  • Speaking with a passenger, and
  • Fiddling with the radio. 

There are endless possible distractions, and most of them are equally dangerous. As vehicles themselves become equipped with more advanced technology, the potential distractions only increase. 

Cellphones

As one might imagine, one of the largest contributors to distracting driving crashes is the cell phone. With the increasingly advanced smartphone technology, people are no longer just speaking on the phone. Instead they are texting, emailing, and playing games all while driving. Even with hands-free technology, a phone can still pose as a distraction. 

Teenage drivers are particularly susceptible to distracted driving collisions. Their inexperience and excitement can often lead to dangerous situations. Driving while texting is particularly rampant among teen drivers. 

To learn more about distracted driving in Salinas, California, call us at Silva Injury Law. We welcome your call, just not when you are driving!

How to Prove Distracted Driving in Court?

Distracted driving is negligent driving. If you can prove the other driver caused the crash because of distracted driving, you may be entitled to damages. As with any other negligence claim, the plaintiff must prove four essential elements. 

  1. Duty. You must prove the other driver owed you a duty of care. Every driver has a duty to obey traffic laws and keep their eyes on the road.
  2. Breach of duty. If a person is distracted while driving, they have breached their duty to drive carefully. 
  3. Causation. You must prove the other driver’s distracted driving caused your injuries.
  4. Damages. As a plaintiff you must prove you suffered damages as a result of the other driver’s actions. If you suffered injuries and have medical bills or lost wages, this will be used to prove damages. 

Following the accident, it is important to gather as much evidence as possible. It will be crucial in proving these elements.

Immediately following the accident, if you are able, you should:

  • Take photos or videos of the scene,
  • Gather any eyewitness contact information,
  • Obtain the other driver’s information, and 
  • Write down everything you can remember while it is fresh in your mind.

You will also want to keep copies of any medical bills you obtain. Further examples of evidence that can be used to support your claim are cell phone records, police reports, and eyewitness testimony. Generally, the more credible and relevant evidence you have, the stronger your case will be. Our attorneys are well versed in what types of evidence to look for. 

Average Settlement

Each distracted driving accident case is unique. The amount of compensation you are entitled to will vary depending on the severity of your injuries, amount of medical bills, and past and future lost wages. It is difficult to state with any reliability the average settlement following a distracted driving accident due to so many individual variables. The amount of the settlement will also depend on the type of insurance coverage available. At Silva Injury Law, we settle for nothing less than what each client deserves.

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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

Contact our Salinas Distracted Driving Accident Lawyers Today!

If you or someone you love was injured in a distracted driving accident in Salinas, California, you need an attorney that is caring and understanding but also an aggressive advocate. We understand this may be a difficult time in your life. At Silva Injury Law our philosophy is to advocate compassionately to achieve the best possible outcome for our clients. Contact us to schedule a no-obligation consultation.