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Holding Negligent Motorists Accountable For Distracted Driving Accidents

Motor vehicle accidents continue to be one of the leading causes of accidental deaths and injuries throughout the United States. In the past several years, one of the fastest-growing causes of car accidents in California and throughout the country has been distracted driving. It is vital for every driver to understand their rights and responsibilities on the road and to acknowledge the dangers of distracted driving.

At Peach & Weathers, our attorneys understand how difficult it can be to recover after an accident. If another driver injured you because they were not paying attention to the road, you might wonder how you can prove this and establish their liability for your damages. Our team is here to assist you as your Riverside car accident attorneys.

Why Choose Peach & Weathers?

When you need a Riverside car accident lawyer to help you prove distracted driving, it is essential to choose an attorney with solid experience and the ability to provide responsive, reliable legal counsel for the duration of your case. Peach & Weathers have been assisting clients in the Riverside area since 1979 and have handled an incredibly vast breadth of car accident cases, including those involving distracted driving.

If you choose Peach & Weathers as your Riverside car accident attorneys, you have experience on your side. We will work closely with you to fully investigate the entire range of your claimable damage and secure the evidence you need to prove distracted driving. In some cases, this involves obtaining cell phone records or traffic camera data to prove an at-fault driver was distracted and negligent. Whatever your specific distracted driving case might entail, you can rely on Peace & Weathers to help you navigate to a satisfactory conclusion.

What Is Distracted Driving?

The definition of distracted driving is the operation of a motor vehicle while neglecting to pay full attention to the task at hand. Distraction exists in three general forms: visual, manual, and cognitive. Visual distractions are things that draw a driver’s eyes away from what they are doing, such as looking at a cell phone screen, turning to look at something outside the vehicle, or looking around the inside of the car for something. Manual distractions are things that require the use of the driver’s hands when they should be touching the vehicle controls. Examples of manual distractions include adjusting the car stereo and climate controls or typing a message on a cell phone. Cognitive distraction means a driver is physically engaged with driving, but their mind is preoccupied with other issues, and they are not fully paying attention to the road.

Any of these three types of distractions can be incredibly dangerous and lead to a serious accident. Some activities actually combine two or all three of these distractions at once. Namely, smartphone use that requires a driver’s eyes, hands, and attention is one of the most dangerous forms of distraction behind the wheel.

Potential Damages from a Distracted Driving Claim

Distracted driving can easily lead to a serious car accident. It’s not uncommon for car accident victims to suffer severe injuries like broken bones, head trauma, and even spinal cord damage. They will also likely suffer a host of smaller injuries like cuts, bruises, and soft tissue damage. Any accident has the potential to cause these serious injuries, leading to expensive medical bills and lost income from missing time at work.

Your Riverside car accident attorney can help you determine the scope of your damages that you can claim in your lawsuit. Most car accident claims for distracted driving include:

  • Medical expense damages. Plaintiffs may claim any medical expenses they incurred from their distracted driving accident. This includes future treatments and therapies they may require after their immediate injuries receive treatment.
  • Property damages. If another driver damaged or destroyed your vehicle due to distracted driving, you can claim vehicle repair or replacement costs in your civil action.
  • Lost income. It’s likely your injuries will force you to miss work. You can claim wages lost during this time, as well as lost future earnings if your injuries prevent you from working again in the future.
  • Pain and suffering damages. Your physical pain and psychological suffering resulting from the accident are compensable losses under California law and may make up the majority of your recovery in a severe accident claim.

Along with these damages, it is also possible for a car accident claimant to receive punitive damages along with their compensatory damages. Judges award punitive damages based on the severity of the defendant’s behavior. Distracted driving is a clear violation of California state law and directly places other drivers at risk. It is not uncommon for California civil court judges to award punitive damages in distracted driving accident claims.

Settlement Vs. Litigation in Distracted Driving Accident Claims

The majority of all personal injury claims filed in the United States end with settlement and never go to trial. This is simply because settlement offers every party involved in a legal matter an easier, faster route to a solution. As your Riverside car accident attorneys, the team at Peach & Weathers can help you ensure a strong negotiating position in your settlement negotiations. We can also coordinate with expert witnesses, if necessary, to prove the full extent of your damages or to assist in proving liability for your distracted driving claim.

Any distracted driving claim could potentially escalate to a complex legal matter. The most commonly used defense by drivers accused of distracted driving is to deny that they were distracted, blaming some other cause for the accident in question. Your Riverside car accident lawyer can help you gather the evidence necessary to challenge such disputes against your claim. The attorneys at Peach & Weathers are not afraid of litigation if it is the best or only route to our client’s recovery.

It’s natural to feel confused and desperate after another driver has injured you due to negligence. If you are ready to discuss your legal options with a compassionate and trustworthy Riverside car accident attorney, contact Peach & Weathers today to schedule a meeting with our team.

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