Distracted Driving Accidents: Cell Phones, Texting, and Liability

Distracted driving accidents can pose serious threats to individuals and surrounding community members. These types of accidents are extremely dangerous and can cause severe or sometimes life-threatening injuries. Drivers who are distracted by their cell phones and other objects on the road may be involved in a distracted driving accident. Understanding the dangers of distracted driving is important when getting behind the wheel.

Understanding the Dangers of Distracted Driving

Distracted driving usually refers to operating a vehicle while engaging in an activity that interferes with the attention needed to drive safely. Driving distractions are commonly divided into three categories:

Visual distractions cause a driver to take their eyes off the road. Looking at a text message, reading an email, or checking a navigation application can create a visual distraction.

Manual distractions involve taking one or both hands away from the steering wheel. Holding a phone, typing a message, adjusting an electronic device, or reaching for an object may fall into this category.

Cognitive distractions occur when a driver's attention is focused on something other than driving. A phone conversation, even when performed hands-free, may affect a driver's concentration depending on the circumstances.

Laws and Regulations

California has passed restrictions on the use of handheld electronic devices while operating a motor vehicle. California law usually restricts drivers from holding and operating a handheld telephone while driving. Violating a cell phone law does not automatically resolve every issue in a personal injury case. However, evidence that a driver was unlawfully using a phone may be important when evaluating whether that driver's behavior contributed to an accident.

Cell Phones

Traffic conditions can change in seconds. A vehicle ahead may suddenly brake, a pedestrian may enter a crosswalk, traffic may slow unexpectedly, or another driver may change lanes. A distracted driver may have less time to recognize and respond to these hazards. Cell phone distraction may contribute to several types of crashes, including but not limited to the following.

• Rear-end collisions
• Intersection accidents
• Pedestrian and bicycle accidents
• Lane-departure crashes
• Side-impact collisions
• Highway accidents
• Multi-vehicle collisions

For example, a driver looking down at a text message may fail to notice that traffic ahead has stopped. In another situation, a driver entering information into a navigation application may drift into another lane. Whether distraction caused a specific accident must be evaluated based on the facts and available evidence.

Liability and Negligence 

In many California motor vehicle injury cases, liability depends on negligence. All drivers have a responsibility to operate their vehicles with reasonable care under the given circumstances. Evidence showing that a driver was distracted may help establish a failure to meet that responsibility.

Preserving Evidence

Evidence can be especially important in distracted driving cases because drivers may argue or minimize their phone use. Depending on the circumstances, relevant evidence may include but is not limited to the following.

• Police collision reports
• Witness statements
• Photographs and videos from the accident scene
• Vehicle damage
• Dashcam footage
• Surveillance video
• Cell phone records
• Text message timestamps
• Electronic data associated with applications
• Vehicle event data
• Statements made by the drivers involved

Obtaining certain electronic records may require formal legal procedures. The availability and admissibility of specific evidence will depend on the facts of the case and applicable law. Since some forms of evidence can be deleted or become more difficult to obtain with time, preserving relevant information may be important for the future of your case.

Types of Injuries

The following are types of injuries that may occur after a distracted driving accident. 

• Fractures
• Soft-tissue injuries
• Head injuries
• Traumatic brain injuries
• Internal injuries
• Psychological injuries
• Spinal cord injuries

Pursuing Compensation

Depending on the circumstances, a person injured because of another driver's negligence may be able to pursue compensation for legally recoverable damages. These may include medical expenses, future medical care when supported by evidence, lost income, property damage, and certain forms of non-economic harm such as pain and suffering. The damages available in a specific case depend on the evidence, applicable insurance coverage, liability issues, the nature of the injuries, and other circumstances. 

Speaking to a Legal Professional

Seeking legal guidance and support after suffering injuries from a distracted driving accident may be beneficial to victims and their loved ones. A legal professional can help you understand your rights and responsibilities throughout the legal process and make sure you feel supported along the way. Oftentimes, distracted driving accidents can cause severe challenges and complications for individuals. Legal guidance may help minimize additional challenges and support you moving forward.

The Legal Team at KAASS LAW

At KAASS LAW, our personal injury attorneys are ready to help victims who have suffered the consequences of a distracted driving accident. We can help you review the facts of your case, speak to insurance companies on your behalf, and help you understand the necessary steps you may need to take to work towards recovery. Don't wait. Call KAASS LAW today to learn more.