Distracted driving has become a major safety issue in Los Angeles. Drivers looking at their phones pose a significant accident risk to everyone on the road. It only takes a second of their distraction to change your life forever.
If you are currently dealing with the pain and mounting bills from a recent auto accident, you might be a victim of someone else’s negligence.
Understanding the legal reality of distraction
In California, it is unlawful for a driver to hold a phone while operating a vehicle. If the person who hit you was texting or browsing, they may have broken the law. This violation can establish negligence per se, meaning the law presumes a breach of duty.
Proving the at-fault party’s negligence
While the driver may have violated a traffic law, you still need to prove that their violation was the legal cause of your injuries. In car accidents, these are the common sources of evidence:
- Your attorney can issue a subpoena to the driver’s service provider to access timestamps for calls, text messages and data usage spikes.
- A police officer may issue a citation for violating traffic laws or note that the driver was distracted or inattentive in their report.
- Dashcam recordings and video from nearby businesses may show the driver looking at their phone before impact.
- Witnesses can testify in court that they saw the driver looking down at a screen before drifting into the other lane.
Despite having evidence to prove the at-fault party’s negligence, they can respond with a rebuttal that shifts the blame onto you. Since California follows pure comparative negligence, you may receive a reduced settlement offer. The complexity of the matter requires precise legal guidance. An experienced personal injury attorney can help you move forward with your case.
