Distracted Driver Accidents

Los Angeles Distracted Driving Accident Lawyers

Fighting for the rights of clients who have been injured by California distracted drivers

Everyone who gets a driver’s license agrees to operate the vehicle safely and responsibly, so when a driver behaves recklessly while driving—texting, grooming, looking down at map directions or reaching for the bagel that fell—that driver is being negligent. If you or a loved one has been injured in an accident because of a distracted driver, you may have grounds for legal action.

The knowledgeable Los Angeles distracted driving lawyers at McNicholas & McNicholas, LLP are dedicated to aggressively fighting for your rights after you have been injured because of someone else’s careless actions. Please contact us to schedule a free consultation so we can learn about your accident, and advise you on the legal options available.

Distracted driving statistics

The National Highway Transportation Safety Administration (NHTSA) reports that distracted driving caused the deaths of 3,166 people in 2017, reminding drivers that you cannot drive safely unless the task of driving has your full attention. Trying to do something other than driving while operating a vehicle invites disaster.

According to TeenSafe, distracted driving is a complex issue in today's society affecting drivers in all age groups. The following are some alarming facts about distracted driving:

  • Distracted driving accounts for about 25 percent of all motor vehicle crashes.
  • At the time of fatal crashes, teens have been the largest age group that reported being distracted while driving.
  • In 2015 391,000 injuries were caused by distracted driving related accidents, and it was cited as a major factor in 3,477 traffic fatalities.
  • Nine people in the United States are killed each day as a result of distracted driving crashes.
  • More than 80 percent of drivers admit to blatantly hazardous behavior while driving, such as changing clothes, steering with a foot, painting nails or shaving.
  • At any given daylight moment across America, approximately 660,000 drivers are using cell phones or manipulating electronic devices while driving, a number that has held steady since 2010. (NOPUS)

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Types of distractions that can cause a crash

The CDC has identified three major categories of distractions for drivers:

  1. Visual: Takes your eyes off the road.
  2. Manual: Takes your hands off the wheel.
  3. Cognitive: Takes your mind off the task of driving.

Distracted driving is not limited to texting while driving. It also encompasses other activities that distract the driver's attention from the task of driving in one or all three ways such as:

  • Grooming
  • Using a GPS
  • Eating and drinking
  • Changing radio stations or adjusting the playlist on your phone
  • Watching a video while driving
  • Distractions outside the vehicle such as staring at an accident scene
  • Distractions inside the vehicle such as engaging with other passengers

Distracted driving is negligent driving. If a driver who causes a car accident is found to have been distracted at the time of the accident, he or she can be held liable for the injuries and property loss of the other people involved.

E-scooter crashes from distracted operators

An article on KTLA.com, reports that a man operating an e-scooter was hit by a car traveling at 50 miles per hour. He was flung 15 feet into the air and sustained two broken legs, a broken thigh bone, a shattered kneecap, punctured lung, fractured three vertebrae in the neck and a head injury. The man was told he would be paralyzed for life.

The stand-up electric scooters are now available in 100 cities worldwide, and to date, there have been eight fatalities (two of which occurred in California) and more than 1,500 injuries to riders since the e-scooters were introduced in 2017.

Electric scooters have been involved in crashes with cars, road debris, potholes, pedestrians and bicyclists, trees and telephone poles. E-scooter riders are vulnerable to the same types of accidents as motorcyclists such as door crashes, left-turn collisions and crashing into fixed objects.

Determining liability in an e-scooter crash can be complicated and will require the services of an experienced Los Angeles e-scooter injury lawyer.

California's distracted driving laws

According to California VC, Section 23123.5, “A person shall not drive a motor vehicle while holding and operating a handheld wireless telephone or an electronic wireless communications device unless the wireless telephone or electronic wireless communications device is specifically designed and configured to allow voice-operated and hands-free operation, and it is used in that manner while driving.”

California drivers are not allowed to use cell phones for making phone calls, reading or typing text messages while driving unless it can be used hands-free. Drivers under the age of 18 are prohibited from using a cell phone while driving, even if it can be done hands-free.

I was injured in an accident caused by a distracted driver. Do I have a case?

If you sustained a catastrophic injury in a car accident that was caused by a distracted driver, you may have grounds for legal action. As the plaintiff in a civil injury claim, the burden of proof is in your hands to prove that the driver who caused the crash was negligent.

When you work with a knowledgeable Los Angeles distracted driving attorney from McNicholas & McNicholas, LLP, we investigate the incident, determine what caused the crash, who is at fault and then we hold the negligent party accountable for your injuries and other losses.

What if I cannot afford to hire a distracted driving lawyer?

You never have to worry about how you will afford to hire an experienced Los Angeles personal injury lawyer to represent you in pursuing compensation for your injuries after a car wreck or other distracted driving accident. At McNicholas & McNicholas, LLP, we take injury cases on contingency. This means that you will not pay attorney fees until we have recovered compensation for you. The firm advances the costs to pursue your case, and we get paid after you are awarded compensation, whether through a settlement or a jury verdict.

Our Los Angeles distracted driving accident lawyers provide a free consultation to learn more about your situation and explain your legal options.

Schedule a free consultation with an experienced Los Angeles distracted driving accident lawyer

The Los Angeles distracted driving accident lawyers at McNicholas & McNicholas, LLP understand the frustration that comes from knowing that the accident that injured you was caused by negligence. We are here to be your advocate and win compensation for your injuries. Please call 310.474.1582 or complete our contact form to schedule a free consultation today.