Distracted driving has become a pervasive danger on our roads, jeopardizing the safety of everyone who uses them.
The Centers for Disease Control and Prevention (CDC) estimates that about nine people are killed every day in the U.S. in crashes that involve a distracted driver. These accidents, often stemming from seemingly harmless actions like texting or eating, can have devastating consequences, including severe injuries, emotional trauma, and even fatalities.
If you or a loved one has been injured in an accident caused by distracted driving in Alameda, the experienced attorneys at Berg Injury Lawyers are here to fight for the compensation you deserve.
What Is Distracted Driving?
Distracted driving refers to any behavior that takes a driver’s attention away from the primary task of driving. There are three common types of distractions:
- Visual Distractions: Looking at a phone, GPS, or other objects inside or outside the vehicle
- Manual Distractions: Taking hands off the wheel to text, eat, drink, or adjust controls
- Cognitive Distractions: Thinking about something other than driving, such as personal issues or work
Common distractions include:
- Eating or drinking
- Talking on the phone or to passengers
- Grooming
- Reaching for objects
- Adjusting the radio or climate controls
- Using a navigation system
Distracted driving contributes to a significant number of accidents in California. In 2021 alone, 140 Californians were killed in distracted driving accidents, an increase of 27% over the previous year.
Alameda and California Distracted Driving Laws
California law prohibits drivers from holding and using a cell phone while operating a vehicle. This includes activities such as:
- Texting
- Talking on the phone
- Using apps for any purpose (navigation, music, social media, etc.)
Drivers under 18 are prohibited from using cell phones while driving, even with hands-free devices.
The penalties for distracted driving in California can be significant. While the base fine is only $20 for a first-time offense, additional assessments bring the total to over $162, even for a first-time offense. In addition, fines increase for repeat violations, and points may be added to your driving record, potentially leading to higher insurance premiums or even license suspension.
Alameda drivers must be aware of and adhere to these laws. Law enforcement actively enforces California’s distracted driving regulations, and a violation can impact your driving record and finances.
Common Injuries in Distracted Driving Accidents
Distracted driving accidents often lead to a range of injuries, varying in severity from minor to life-altering. These include:
- Whiplash and Neck Injuries: The sudden force of a collision can cause the head to jerk back and forth, leading to whiplash. This soft-tissue injury can cause neck pain, stiffness, headaches, and dizziness.
- Head Trauma and Concussions: Impacts to the head can result in concussions or even traumatic brain injuries (TBIs). These injuries can have long-lasting effects on cognitive function, memory, and overall well-being.
- Broken Bones and Fractures: The force of a collision can cause fractures in various parts of the body, including the arms, legs, ribs, and pelvis. These injuries can be painful, require surgery or immobilization, and lead to long recovery periods.
- Long-Term Impacts and Rehabilitation Needs: Some injuries sustained in distracted driving accidents may require ongoing medical care, rehabilitation, and therapy. This can include physical therapy, occupational therapy, and psychological counseling to address the physical and emotional impacts of the accident.
It’s important to seek medical attention after a distracted driving accident, even if injuries seem minor at first. Some injuries may not be immediately apparent, and early diagnosis and treatment can promote optimal healing.
Proving Liability in Distracted Driving Cases
Proving that distracted driving was the cause of an accident is crucial to hold the responsible party accountable and secure compensation. This often requires gathering and presenting compelling evidence to demonstrate the driver’s negligence.
Key evidence may include:
- Cell Phone Records: These records can reveal if the driver was using their phone for texting, talking, or other activities that would distract them from the road.
- Witness Statements: Eyewitnesses who observed the driver’s behavior before or during the accident can provide valuable testimony about their actions.
- Accident Reconstruction Experts: Experts can analyze the scene of the accident and reconstruct the events leading up to it, providing valuable insights into the cause of the collision.
- Accident Reports and Traffic Camera Footage: The police report and any available traffic camera footage can provide valuable evidence for your claim. The police report may document the driver’s statements, witness accounts, and any citations issued, while traffic camera footage can capture the driver’s behavior in the moments leading up to the accident.
An experienced Alameda distracted driving attorney can help you gather and present evidence to establish the other driver’s negligence. They will have the knowledge and resources to investigate the accident, pull data, conduct interviews, and consult with experts to build a strong case for compensation.
Compensation for Alameda Distracted Driving Victims
If you’ve been injured in a distracted driving accident in Alameda, you may be entitled to various forms of compensation to help you recover from your losses.
- Medical Expenses: Past and future medical bills, including hospitalization, surgery, medication, and assistive devices
- Lost Wages: Income lost due to time off work for recovery or inability to return to work
- Loss of Future Earning Capacity: Additional compensation if your injuries prevent you from earning the same amount of money in the future
- Pain and Suffering: Compensation for the physical pain and emotional distress caused by the accident
- Property Damage: The cost of repairing or replacing your vehicle or other damaged property
- Long-Term Care Costs and Rehabilitation Expenses: If ongoing care and rehabilitation, such as physical therapy or occupational therapy, are needed
Economic damages can be easily calculated, such as medical bills and lost wages. Non-economic damages, such as pain and suffering, are more difficult to quantify and may require expert testimony to determine a fair amount.
The total amount of compensation you may be eligible for will depend on the specific circumstances of your case, including the severity of your injuries, the impact on your life, and the extent of the driver’s negligence. An experienced Alameda distracted driving lawyer can help you calculate your damages and negotiate a fair settlement.
Why Choose Berg Injury Lawyers for Your Alameda Distracted Driving Case?
Here’s why Berg Injury Lawyers is the right choice if you’re pursuing a distracted driving claim in Alameda:
- Local Experience and Knowledge of Alameda Traffic Laws: We have a deep understanding of Alameda’s traffic laws and the specific challenges that can arise in distracted driving cases.
- Personalized Approach to Each Client’s Needs: We treat each client with respect and compassion, building strong relationships based on trust and communication. We’ll be your advocates and guide you through every step of the process.
- Strong Negotiation Skills With Insurance Companies: Our experienced attorneys are skilled negotiators who will fight tirelessly to secure a fair settlement for you. We won’t back down from the insurance companies and will work to maximize your compensation.
Contact Our Alameda Distracted Driving Lawyers Today
If you’ve been injured in an accident with a distracted driver in Alameda, you shouldn’t shoulder the physical, emotional, or financial burden alone. At Berg Injury Lawyers, we’ll help you investigate the incident, collect evidence, and negotiate for maximum compensation. Contact us today for a free consultation.
