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Turlock Distracted Driving Accident Lawyers

With new technologies on the rise, the number of distracted drivers continues to increase. Unfortunately, distracted drivers have chosen to put others at risk by taking their eyes off the road. If you are injured by a distracted driver, the lawyers at Silva Injury Law will fight passionately for your recovery. Contact us today.

California Distracted Driving Statistics

The California Highway Patrol periodically releases a statewide report of all injuries and deaths related to traffic accidents. The most recent one, which examines data from 2017, shows some alarming statistics regarding distracted driving. 

Since 2013, the number of distracted drivers involved in accidents with injuries or fatalities has increased by 8.2% in California. In 2017, fatal accidents caused by cell phone distraction represented nearly a quarter of all distracted driving accidents with a reported death. Other miscellaneous distractions, such as reading, eating, or smoking, accounted for about 40% of all distracted driving crashes with an injury. 

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Causes of Distracted Driving

Whether stuck in traffic or running late to work, many drivers experience distractions while driving. According to the National Highway Traffic Safety Administration (NHTSA), taking your eyes off the road for five seconds at 55 mph is the equivalent of driving the length of a football field with your eyes closed. This means any activity that takes your focus away from driving puts you at risk. Some common causes of distracted driving include:

  • Talking on the phone,
  • Talking to a passenger,
  • Adjusting the car radio,
  • Eating or drinking,
  • Putting on makeup,
  • Reaching for something,
  • Reading, and
  • Texting.

All of these activities have the potential to cause an accident, regardless of how careful the driver is. People think they can multitask, but that’s a myth—a dangerous one if you’re driving. If anyone injures you or a loved one in an accident caused by a distraction, they should be held accountable for their negligence.

How to Prove Distracted Driving

In California, there are four elements you must show to prove that a driver was distracted when they caused the accident. Each requires a specific set of evidence, and you need to show all four to receive compensation. These elements are:

    • Duty of care—You must first demonstrate that the other driver owed you reasonable care at the time of the accident. For example, every driver on the road has a duty to follow traffic laws and drive safely.
    • Breach of duty—You next need to show that the driver breached their duty of care to you. In this case, you need evidence that the driver was distracted, like texting on their phone or not looking at the road while driving.
    • Causation—Once you show the first two elements, you need to prove that the driver’s breach of duty caused the accident. In other words, the accident occurred because of their distraction.
  • Damages—For the last element, you must produce evidence of damages sustained due to the accident. This is sometimes one of the more straightforward elements to prove, especially with the help of Turlock distracted driving accident attorneys.

Trying to prove distracted driving comes with several challenges, including gathering evidence, consulting experts, and calculating damages. At Silva Injury Law, we help clients every step of the way in this process.

What Is the Average Settlement for a Distracted Driving Accident?

While searching for settlement examples on the internet, you may find a few average settlement calculations. Unfortunately, these are often inaccurate or misleading. There are a couple of reasons for this. 

Many distracted driving accidents have a confidential settlement amount. This means that the data isn’t available publicly, not even to those calculating an average. As a result, the average they come up with leaves out a substantial number of cases. In addition, these averages don’t take into account the unique circumstances of your claim. Severe injuries, extensive non-economic losses, and future damages aren’t accurately represented by an average. The costs of these losses, whether financial, physical, or emotional, aren’t the same for everyone. Only experienced Turlock distracted driving accident attorneys can accurately calculate the value of your 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

Injured By a Distracted Driver? Contact Turlock Distracted Driving Accident Attorneys at Silva Injury Law

Whenever someone drives distracted, they negligently put others at risk. Despite several warnings, some drivers just ignore the potential consequences. If one of these drivers injures you or a loved one, the Turlock distracted driving accident lawyers at Silva Injury Law are here for you. We care first and foremost about solving our clients’ problems while treating everyone with the respect they deserve as human beings. To discuss your case with an attorney, please call us or contact us online. We offer a free, no-obligation consultation to all clients.

 

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