Although California has strict laws against distracted driving, collisions caused by talking to passengers, eating, and texting while driving happen all the time. If you’ve been involved in such an accident, you could be dealing with injuries that require costly medical treatment and prevent you from working.
To get the compensation you need to stay healthy and financially stable, you’ll need to team up with a California personal injury lawyer from our firm. The attorneys at Triumph Law have over 20 years of experience working on cases just like yours. So they’ll know what to do to recover the maximum compensation possible for your case.
Types of Distracted Driving Cases We Can Take On
An attorney must prove that the at-fault driver was distracted during the crash to win your case. This might sound like an impossible task, but not for the skilled distracted driving accident lawyers from our team in California. They can prove fault, file a claim, and demand fair compensation for accidents caused by:
- Texting
- Talking on the phone
- Looking at GPS
- Talking to a passenger
- Eating or smoking
- Changing the radio station
- Adjusting the heat or air conditioning controls
- Moving objects in the vehicle
- Reaching for an object
- Slowing down to look at an accident
- Daydreaming
California Vehicle Code 23123.5 prohibits motorists from using cell phones while driving. If we find evidence that the other driver violated this code or another safety law, we’ll have the proof we need to proceed with your claim or lawsuit.
Proving Fault in Your Distracted Driving Accident Case
At this point, you’re probably unsure how an attorney would be able to prove that a driver was changing the radio station or eating while driving. The methods used to establish fault in these cases are fairly simple. A California distracted driving car accident attorney can take the following steps to provide fault:
- Subpoena phone records to find out if the driver sent messages or received calls during the time of the crash
- Review traffic and security camera footage to see if the driver was eating, smoking, or otherwise distracted
- Interview passengers and witnesses to learn more about how the collision happened
- Review the official police report to learn if a distracted may have contributed to the crash
- Work with collision reconstruction experts to determine who or what caused the crash
We’ll partner with investigators to find the evidence they need to hold the driver liable. If we’re able to find enough evidence to support your case, we’ll file a claim with the distracted driver’s insurance provider and negotiate a settlement that covers all of your accident-related losses.
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(916) 500-0000Losses You Could Receive Compensation for
Injuries suffered in a car wreck can seriously affect your financial stability, employability, and mental health. A distracted driving attorney from California can identify all the expenses and hardships you’ve endured and calculate how much money you need to offset them.
If your insurance claim or court case is successful, you could receive compensation for any of the following losses:
Economic Losses
These are tangible losses that can be calculated using invoices, bills, and other documents. Economic losses include current medical bills, future medical expenses, lost wages, reduced earning ability, vehicle repair costs, and ambulance transportation fees.
Non-Economic Losses
Non-economic losses don’t come with the same concrete documentation as economic losses. These losses are generally more intangible and subjective, which is why it’s important to hire a skilled attorney if you want to obtain them.
Depending on how the collision has affected your emotional well-being and personal life, you could receive non-economic damages like pain and suffering, mental distress, and diminished quality of life. A lawyer from our firm can use special calculations to determine how much you’re owed for each non-economic loss.
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Time Limit for Distracted Driving Lawsuits in California
Whether your car crash was caused by distracted driving, drunk driving, or something else, you’ll have to follow a strict statute of limitations. According to California Code of Civil Procedure § 335.1, you have two years from the date of your accident to submit a personal injury lawsuit against the at-fault driver.
Taking too long to file a suit could stop you from getting the damages you deserve. We strongly recommend hiring a distracted driving attorney in California as soon as you can. Securing legal counsel ASAP will help you meet the state’s filing deadlines and other requirements.
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We Can Offer Assistance Throughout Your Recovery Process
In addition to fighting for the damages you need to pay your medical bills and afford future treatment, we can also help you coordinate your medical care. We’ll help you get appointments with the doctors and specialists you need to see to receive proper treatment.
We can also communicate with your medical insurance carrier to gather information on your available coverage. If your insurance policy is limited, we can arrange a loan that you can pay off once you’ve received your compensation.
Contact a Distracted Driving Attorney from California
Over the course of two decades, the attorneys at Triumph Law have delivered life-changing case results for wrongfully injured clients in Sacramento, Folsom, El Dorado Hills, Roseville, and several other locations in California.
If you’ve been injured by a motorist who was texting, eating, or occupied with any task other than operating their vehicle, a California distracted driving car accident lawyer from our firm can help you file a claim. Contact us today to schedule a free consultation. We’ll travel to you to discuss your accident and advise you on your best path forward.