Around three-quarters of California residents say that distracted driving is their biggest concern on our state’s roads, according to a survey conducted by California’s Office of Traffic Safety (OTS). That concern is well-founded—nearly 10,000 people were injured in California distracted driving-related crashes in 2021, the most recent year for which data is available.
If you’ve been injured by a distracted driver in California, you have the right to pursue compensation for the injury-related costs you’ve suffered. Berg Injury Lawyers has been helping injured people across Northern California since 1981, and we are committed to fighting for maximum compensation on behalf of our clients.
Contact us today for a free consultation.
Understanding Distracted Driving in California
Distracted driving occurs when a driver’s attention is diverted from the road by other activities, putting everyone on the road at risk. In California, distracted driving is a serious concern and contributes to thousands of accidents annually. While many people associate it with texting behind the wheel, distractions come in many forms that reduce a driver’s ability to operate a vehicle safely.
Common Examples of Distracted Driving
- Texting or Using a Smartphone: Checking notifications, sending messages, or scrolling through apps
- Eating or Drinking: Handling food or drinks while driving, which can take a driver’s hands off the wheel
- Adjusting In-Car Systems: Changing the GPS, radio station, or climate control settings
- Talking to Passengers: Engaging in conversations while driving, or dealing with children or pets
- Personal Grooming: Applying makeup, combing hair, or shaving while driving
- Reaching for Objects: Leaning over to grab something from another seat or the floor
Types of Distractions: Manual, Visual, and Cognitive
- Manual Distractions: These occur when a driver removes their hands from the steering wheel, reducing their control over the vehicle. Examples include texting, eating, or adjusting the GPS. Even brief manual distractions can lead to devastating accidents.
- Visual Distractions: Visual distractions occur when a driver takes their eyes off the road. Checking a phone, reading a billboard, or looking at something outside the car can delay reaction times. Just a few seconds of diverted attention can cause accidents, especially at high speeds.
- Cognitive Distractions: Cognitive distractions take place when a driver’s mind is not focused on driving. Daydreaming, stress, or intense conversations with passengers or on hands-free devices can impair judgment and delay decision-making, even if the driver’s hands and eyes are in the right place.
California law prohibits many forms of distracted driving, such as texting or using a handheld phone while driving, but distractions in general remain a significant problem. Drivers are responsible for staying alert and focused to prevent accidents and protect those around them.
California Laws on Distracted Driving
Overview of State Regulations on Distracted Driving
California enforces strict distracted driving laws to promote safer roads. Although distracted driving encompasses a wide range of activities, mobile phone use is a primary concern.
The California OTS emphasizes that distracted driving remains a leading cause of collisions. In response, the state has implemented primary laws to discourage drivers from engaging in activities that divert their attention behind the wheel.
Specific Laws About Using Mobile Devices While Driving
- Handheld Device Ban: California prohibits all drivers from using handheld cell phones while driving. Devices must be operated hands-free, such as through speakerphone, voice commands, or a dashboard mount.
- Texting While Driving: It is illegal for drivers to send, read, or respond to text messages unless it is done hands-free or in an emergency.
- Underage Driver Restrictions: Drivers under 18 years old are prohibited from using any mobile device, even with hands-free technology.
- Emergency Exception: The only exception to the cell phone ban is making emergency calls to law enforcement, medical providers, or other emergency services.
Consequences and Penalties for Breaking These Laws
- Fines: The penalty for a first-time violation starts at $162. Fines increase for repeat offenders, with higher penalties for each subsequent violation.
- Increased Risk of Accidents: Studies show that texting while driving makes a crash three times more likely. Reading or sending a text takes an average of 4.6 seconds, which, at 65 mph, is like driving the length of a football field blindfolded.
- Reckless Driving Citations: Engaging in other distractions—like eating, grooming, or reaching for objects—can result in citations for reckless driving or speeding unsafe for road conditions.
California’s OTS actively promotes awareness campaigns, such as “Put Your Phone Down. Just Drive,” to encourage drivers to focus on the road. These initiatives target younger drivers—those aged 16 to 24—who are most prone to distracted driving accidents. The goal is to shift the culture and reduce the number of accidents caused by distractions behind the wheel.
Common Injuries in Distracted Driving Accidents
Head and Brain Injuries
Distracted driving accidents often result in head trauma, such as concussions, skull fractures, or traumatic brain injuries (TBI). Even seemingly minor head impacts can cause lasting cognitive impairments, including memory loss, difficulty concentrating, headaches, and emotional changes. Severe TBIs can result in long-term disabilities, requiring extensive rehabilitation and care.
Back and Spinal Injuries
The force of impact during a distracted driving accident can lead to serious back injuries, such as herniated discs or fractured vertebrae. Spinal injuries can cause chronic pain, mobility issues, and reduced quality of life. In some cases, damage to the spinal cord may impair nerve function, leading to numbness or weakness in the limbs and long-term complications.
Soft Tissue Injuries, Like Whiplash
Whiplash is a common soft tissue injury in car accidents, especially rear-end collisions caused by distracted drivers. It occurs when the neck is forcefully jerked back and forth, resulting in damage to muscles, ligaments, and tendons. Symptoms include neck pain, stiffness, and dizziness, which can persist for weeks or even months. Other soft tissue injuries include sprains, strains, and bruising.
Severe Cases Resulting in Paralysis
In the most catastrophic accidents, passengers or drivers may suffer spinal cord damage leading to partial or complete paralysis. Depending on the severity and location of the injury, paralysis can be paraplegia (affecting the lower body) or quadriplegia (affecting all four limbs). These life-altering injuries often require lifelong care, adaptive equipment, and significant lifestyle changes.
Broken Bones
The high-impact nature of distracted driving accidents often leads to broken bones, ranging from minor fractures to more severe compound fractures. Commonly affected areas include the arms, legs, ribs, and collarbones, as well as facial bones if airbags deploy with force.
Fractures can vary in severity:
- Simple fractures may heal with immobilization, but still cause pain and limited mobility.
- Compound fractures, where the bone breaks through the skin, require immediate medical care to prevent infection and often involve surgery.
In severe cases, broken bones can lead to long-term complications such as reduced mobility, chronic pain, or arthritis. Recovery from these injuries often involves physical therapy, medical devices (like casts or braces), and extended time off work, all of which can impose significant financial burdens on injured individuals.
Distracted driving accidents can cause devastating injuries, leaving survivors with long-term physical, emotional, and financial burdens. Seeking prompt medical attention and legal help is essential for obtaining necessary care and pursuing compensation to support recovery.
Establishing Fault in Distracted Driving Claims
Proving fault in distracted driving cases relies heavily on gathering solid evidence. Phone records, surveillance footage, and witness testimony can show that the at-fault driver was distracted at the time of the accident.
To successfully establish fault, it’s helpful to connect the distraction to the crash, demonstrating how the driver’s negligence—whether texting, using GPS, or engaging in other distractions—directly caused the collision.
Having experienced legal representation is invaluable in these cases. An attorney can gather evidence, interview witnesses, and collaborate with experts to build a compelling case, ensuring you receive the compensation you deserve.
Types of Compensation Available in Distracted Driving Claims
If you’ve been injured in a distracted driving accident, you may be entitled to various forms of compensation:
Medical Expenses and Rehabilitation Costs
This includes coverage for hospital bills, surgeries, physical therapy, medications, and any necessary ongoing medical treatments or rehabilitation services related to your injuries. Future medical costs for long-term care may also be included.
Compensation for Lost Wages and Reduced Earning Capacity
If your injuries prevent you from working temporarily or permanently, you can seek compensation for lost wages. In cases where your ability to earn a living is diminished due to your injuries, you may be entitled to additional compensation for reduced earning capacity.
Pain and Suffering Damages
Beyond financial losses, pain and suffering damages address the emotional distress, mental anguish, and physical discomfort resulting from the accident. These damages reflect the impact the injuries have had on your overall quality of life.
A skilled attorney can help evaluate the full extent of your losses and pursue the maximum compensation available to cover both immediate and long-term needs.
Why Berg Injury Lawyers Is the Right Choice for Distracted Driving Cases in California
At Berg Injury Lawyers, we understand the devastating impact a distracted driving accident can have on your life. With decades of experience advocating for injured Californians, our firm has earned a reputation for providing compassionate, results-driven representation. Here’s why we’re the right choice to handle your case:
Proven Track Record of Success
We have secured significant settlements and verdicts for clients injured in motor vehicle accidents, including cases involving distracted drivers. Our team knows how to build a strong case and fight for the compensation you deserve.
Extensive Knowledge of California Distracted Driving Laws
Navigating California’s traffic laws and insurance policies can be complex. Our attorneys stay up to date on the latest distracted driving laws and legal strategies, ensuring your case is handled effectively from start to finish.
Comprehensive Legal Support from Start to Finish
From gathering evidence like phone records and accident reports to negotiating with insurance companies, we handle every detail of your case. Our goal is to relieve your burden so you can focus on your recovery.
Contingency Fee Basis
You might be worried about hiring an attorney because of the potential cost, but at Berg Injury Lawyers, if you don’t win, you pay nothing. There’s also no cost or obligation to hire simply to speak to one of our lawyers. We call that our No Fee Guarantee®.
Dedicated to Maximizing Compensation
We understand the financial and emotional toll distracted driving accidents take on injured people and their families. Our legal team works tirelessly to pursue the maximum compensation for your medical bills, lost income, pain, and suffering.
Get in Touch with Our California Distracted Driving Lawyers Today
When you work with Berg Injury Lawyers, you’re not just another case. We treat you like family and fight relentlessly to protect your rights. Contact us today for a free consultation, and let us help you get the justice and compensation you deserve.
