Distracted Driving Accidents

One of the first things that people learn when they begin to drive is to keep their eyes on the road. Unfortunately, many drivers in San Diego County are unable to avoid the temptation of looking at their phones or other distractions, and they may stop looking at the road to look at something else. It only takes a momentary distraction to cause an accident, and accidents caused by distracted drivers often result in catastrophic injuries. If you suffered harm due to a distracted driving accident, you may be able to recover compensation. You should consult a personal injury attorney regarding your case. Zev Rubinstein is a San Marcos car accident lawyer who has represented people injured in car accidents in Vista, Oceanside, Escondido, Carlsbad, and San Marcos for more than 25 years.

Under California law, drivers are not permitted to use their cell phones while driving, unless they are using them in a hands-free manner, such as through the car's audio system or speakerphone. Drivers are expressly prohibited from holding a phone while using it. Additionally, drivers who are under 18 years old are not permitted to use a phone while driving, regardless of whether or not it can be operated hands-free.

Technology is one of the leading causes of distracted driving in Oceanside, Escondido, Vista, Carlsbad, San Marcos, and the surrounding areas. A driver may look at their phone to read a text message or check a social media app while driving, which takes their attention away from the road. A driver may also be distracted by a GPS, especially if the driver is lost or does not know where they are going. While technology accounts for the majority of distracted driving accidents, it is not the only cause of distracted driving. A driver could be distracted by eating or drinking or by trying to adjust the radio. Additionally, a driver may be looking away from the road because of something happening outside the vehicle, and the loss of concentration may cause an accident.

In most lawsuits arising out of a distracted driving accident, the plaintiff will allege that the defendant driver who caused the accident was negligent. In California, to recover damages in a negligence claim, the plaintiff must prove that the defendant had a legal duty to use due care and breached the duty. The plaintiff must then show that the breach caused the accident, and the accident caused the plaintiff's injuries. In a distracted driving accident lawsuit, the duty would be the duty to drive safely, and the breach would be the failure to do so due to a distraction.

To prove that the defendant's distracted driving caused an accident in the area around Vista, Carlsbad, Oceanside, Escondido, or San Marcos, the plaintiff must show that it was a substantial factor in causing the accident and the plaintiff's subsequent harm. Therefore, a plaintiff may be able to recover compensation even if other forces contributed to the accident.

Discovery is an essential part of the litigation process and allows the plaintiff to seek information in support of the argument that distracted driving caused the accident. The police report may indicate if the defendant driver was distracted at the time of the accident. Additionally, the defendant driver’s cell phone records may provide insight as to whether the defendant driver was using their phone when the accident occurred. Eyewitness testimony, including the testimony of any passengers who were in the defendant driver’s car when the accident occurred, may be helpful as well. A knowledgeable car accident attorney will engage in the discovery process to uncover any evidence that will support your position that the defendant caused the accident by driving while distracted and that they should be held liable for your harm.

Distracted driving is dangerous for not only the driver but also everyone else on the road. If you sustained harm in an accident that was caused by a distracted driver in Vista, Carlsbad, Oceanside, San Marcos, or Escondido, you should meet with a car accident attorney. Zev Rubinstein can analyze the circumstances surrounding your collision and help you develop compelling arguments in favor of your recovery. You can contact Mr. Rubinstein at 760.804.2790 or through the online form to schedule a free and confidential consultation regarding your accident.