Distracted Driving Car Accidents in Los Angeles

Whether they are taking a journey hundreds of miles long or just going around the corner to pick up some groceries, everyone who operates a motor vehicle on public California roads has a legal “duty” to keep their focus entirely on driving while behind the wheel. Unfortunately, the modern world has no shortage of potential distractions vying for the attention of drivers, and not every driver is as diligent about resisting those distractions as they should be.

Distracted driving car accidents in Los Angeles very often occur at high speeds and result in serious injuries, but that does not necessarily mean they are easy to take legal action over. If you want a good chance of obtaining fair financial recovery after a wreck like this, you should make speaking to an experienced auto accident attorney from CD Law one of your top priorities.

Proving Someone Else Was Distracted Behind the Wheel

With the exception of laws prohibiting the use of handheld electronic devices outside of hands-free mode, California does not explicitly make it illegal to be distracted behind the wheel. This does not mean it is impossible to sue someone over causing a car crash in Los Angeles because they were driving while distracted, but it does mean it will likely fall to an individual injured person to prove someone else involved in their wreck was distracted, instead of being able to reference a police accident report which includes a citation for a traffic offense.

Various forms of evidence drawn from multiple different sources may be needed to establish a traffic accident happened directly and primarily because of a specific other driver’s inattention, including:

• Eyewitness testimony
• Photos/videos of the accident scene
• Input from accident reconstruction experts
• Footage from dashboard and/or surveillance cameras
• Subpoenaed cell phone data showing when specific messages were read or sent

It will also be important to have as much documentation as possible proving the nature and severity of accident-related injuries, all of which a dedicated attorney could assist with compiling and making effective use of.

Getting Around Legal and Procedural Roadblocks

Legal counsel can also provide vital help with navigating common legal obstacles that might otherwise keep an injured person from getting the compensation they need following a distracted driving car crash in Los Angeles. To start with, a lawyer can make sure a claim is constructed correctly and filed within the applicable statutory filing deadline, which California Code of Civil Procedure §335.1 sets at two years after the date of initial injury for virtually all personal injury victims.

On top of that, courts—and insurance companies acting with the knowledge that a court would support their decision—can assign a share of “comparative fault” to any person they believe was partially responsible for causing their own injuries through their own negligence. Then, that injured person would be subject to a reduction in the value of their final damage award based on the percentage of total fault they hold for their accident. An attorney could work to gather and provide evidence that minimizes an injured motorist’s liability for their accident to help maximize compensation.

Get Help From a Los Angeles Attorney After a Distracted Driving Car Accident

Even if you pay close attention to the road and other people around you while driving, you still may not be able to avoid getting hurt in a wreck caused by someone who is not paying attention like they should be. In this kind of scenario, acting promptly and proactively to enforce your right to civil recovery can be crucial to protecting your best interests not just in the short term, but for months, years, and even decades after your crash.

You have help available with demanding the compensation you deserve for injuries you sustained through a distracted driving car accident in Los Angeles. Call today to learn what a compassionate car accident lawyer from CD Law could do for you.