Distracted driving has become an epidemic on American roads. In Fresno, as in other cities, distracted driving accidents can lead to devastating consequences, causing life-altering injuries and even fatalities. The National Highway Traffic Safety Administration (NHTSA) reports that distracted driving claimed 3,308 lives in 2022 alone.
If you or a loved one has been injured in an accident caused by distracted driving in Fresno, the experienced attorneys at Berg Injury Lawyers are here to fight for your rights and help you seek the compensation you deserve.
What Is Distracted Driving?
Distracted driving involves anything that takes a driver’s eyes off the road, hands off the wheel, or mind off driving. This includes activities such as:
- 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, adjust controls, engage in personal grooming, or reach for objects inside the vehicle
- Cognitive Distractions: Thinking about something other than the task of driving, such as work, personal problems, a conversation with a passenger, or daydreaming
Distracted driving contributes to a significant number of accidents in Fresno. According to the California Office of Traffic Safety (OTS), 93 serious injuries and 26 deaths occurred in 2020 due to distracting driving crashes in Fresno.
Recognizing the various forms of distracted driving is crucial in raising awareness and promoting safe driving habits in Fresno.
California’s Distracted Driving Laws in Fresno
California has taken a strong stance against distracted driving, aiming to curb dangerous behaviors and promote road safety. Specifically, California Vehicle Code Section 23123.5 prohibits drivers from holding and using a cell phone while operating a vehicle. This includes activities such as texting, talking (unless using a properly configured hands-free device), and using apps. Drivers under 18 are completely prohibited from using cell phones while driving, even with hands-free devices.
Fresno enforces California’s distracted driving laws rigorously. Law enforcement officers actively patrol for violations, and drivers caught using their phones illegally face penalties.
A first-time offense for violating California’s hands-free law results in fines of over $150. Subsequent offenses carry even higher fines. Additionally, subsequent distracted driving violations can add points to a driver’s license, potentially leading to increased insurance premiums or even license suspension.
In addition, when distracted drivers cause crashes, they can be held financially liable for the injuries and property damage they cause, totaling hundreds of thousands of dollars or more.
Common Injuries from Distracted Driving Accidents
Distracted driving accidents often result in a wide range of injuries, varying in severity from minor to life-threatening. Here are some of the most common injuries sustained in distracted driving accidents:
- Head Injuries and Concussions: The sudden impact of a collision can cause the head to jerk violently, leading to concussions or even traumatic brain injuries (TBIs). These injuries can have long-lasting effects on cognitive function, memory, and overall well-being.
- Back Injuries and Whiplash: The forceful motion of a car accident can strain or injure the muscles and ligaments in the back and neck, leading to whiplash or more severe back injuries. These injuries often cause chronic pain, limited mobility, and require extensive rehabilitation.
- Fractures and Broken Bones: The impact 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 require long recovery periods.
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 prevent complications and promote healing.
Proving a Distracted Driving Case in Fresno
If you’ve been injured in an accident caused by a distracted driver in Fresno, proving their negligence is essential to securing the compensation you deserve. Building a strong case requires careful evidence gathering and a strategic legal approach. Key evidence may include:
- Cell Phone Records: These can reveal if the driver was texting, talking, or using apps at the time of the crash.
- Police Reports: These reports often contain details about the accident, witness statements, and any citations issued to the at-fault driver.
- Witness Testimony: Eyewitnesses who observed the distracted driver can provide valuable accounts of the accident, so it’s important to get their contact information at the scene if possible.
- Dashcam Footage: If available, footage from a dashcam can provide irrefutable evidence of the driver’s actions.
- Expert Testimony: Accident reconstruction experts or medical professionals can provide expert opinions to support your claim. They can analyze the evidence to reconstruct the events leading up to the accident, and help explain the cause and extent of your injuries.
An experienced Fresno distracted driving accident attorney can significantly strengthen your case by:
- Conducting a Thorough Investigation: Gathering all available evidence, interviewing witnesses, and consulting with experts
- Establishing Negligence: Demonstrating that the other driver’s distracted driving breached their duty of care and directly caused your injuries
- Negotiating With Insurance Companies: Dealing with insurance adjusters and advocating for a fair settlement
- Litigating Your Case in Court: If necessary, taking your case to trial to secure the maximum compensation.
By working with a lawyer, you significantly increase your chances of proving a distracted driving case in Fresno and obtaining the compensation you deserve.
Compensation for Fresno Distracted Driving Victims
If you’ve been injured in a distracted driving accident in Fresno, you may be entitled to various forms of compensation to help you recover from your losses. Compensation in distracted driving cases typically covers:
- Medical Expenses: Past and future medical bills, including hospitalization, surgery, rehabilitation, medication, and assistive devices related to your injury
- Lost Wages: Income lost due to time off work for recovery
- Loss of Future Earning Capacity: Additional compensation if your injuries prevent you from returning to your previous job or earning the same level of income in the future
- Pain and Suffering: Compensation for the physical pain and emotional distress caused by the accident and injuries
- Property Damage: Repair or replacement costs for your vehicle or other damaged property
While every case is unique, several factors influence settlement amounts, including the severity of injuries, the extent of medical expenses, lost income, and the degree of the at-fault driver’s negligence. We will provide you with an honest assessment of your case and work tirelessly to achieve the highest possible settlement.
Why Hire Berg Injury Lawyers for a Distracted Driving Case in Fresno?
Choosing the right law firm can make a significant difference in the outcome of your distracted driving case. Here’s why you should choose Berg Injury Lawyers:
- Proven Experience With Local Cases: We have a deep understanding of Fresno’s legal landscape and a history of achieving positive outcomes for our clients in distracted driving cases. You can count on us to deliver excellent results.
- Personalized Attention and Dedication to Each Client: 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 Fresno Distracted Driving Accident Lawyers Today
If you or a loved one has been injured in a distracted driving accident in Fresno, Berg Injury Lawyers is here to provide the guidance, support, and legal excellence you need to navigate this difficult time. Contact us today for a free consultation.
