San Diego Distracted Driving Accident Attorney

Today’s world is full of distractions, and now more than ever, many of the distractions come from our cell phones. As tempting as it might be to take a look when we hear that familiar “ping,” it’s critical to understand the reality of the risk. According to the National Highway Traffic Safety Administration (NHTSA), it takes about five seconds to read an average text message. At 55 miles per hour, a car travels the length of a football field during the five seconds the driver’s eyes are not on the road and their full attention is diverted from the task of driving.

An alarming 3,308 traffic fatalities occurred in 2022 due to distracted driving, and the number is believed to be widely underreported. Becoming the victim of a car accident in San Diego caused by a distracted driver is both terrifying and frustrating, knowing the painful injuries could have been avoided had another driver only practiced due diligence and avoided distraction.

How Dangerous Is Distracted Driving?

In 2021, 74% of California drivers surveyed stated distracted driving, or specifically texting and driving, as their biggest traffic accident concern. However, most people admit they believe they can safely read or respond to a quick text message while driving. In reality, reading an average text message requires taking your eyes off the road for about five seconds.

What Is Distracted Driving in San Diego?

NHTSA describes distracted driving as any activity that diverts a driver’s attention from the task of driving. Cell phones are now the most common cause of distracted driving accidents in San Diego and elsewhere, but they are not the only distractions. Distracted driving includes all of the following:

• Texting
• Selecting a playlist or podcast without using hands-free cell phone technology
• Setting a cell phone GPS
• Scrolling through social media
• Answering emails
• Making hands-on calls
• Watching videos
• Taking selfies or making videos

Not all distracted driving stems from cell phone usage. Distracted driving can be manual, visual, or cognitive. Non-cellphone distractions also cause car accidents including:

• Eating while driving
• Retrieving dropped items
• Interacting with children in the backseat
• Grooming or applying makeup
• Reading
• Adjusting a sound system or rear-view mirrors
• Distracting behavior from a front-seat passenger
• Daydreaming

Some distracted driving accidents are difficult to prove and require an experienced investigator to make a compelling case for an injury victim’s compensation. Distracted driving is negligence and leaves the at-fault driver liable for a victim’s damages like medical expenses, lost income, and compensation for pain and suffering.

What Types of Accidents Does Distracted Driving Cause?

When a driver’s eyes and attention are not on the road and their driving tasks, they may not react in time to avoid an accident, and in some cases, do not react at all because their focus is elsewhere. Common types of San Diego car accidents resulting from distracted driving include:

• Rear-end collisions: when a distracted driver fails to see a vehicle slow or stop directly in front of them and collides with the rear of the vehicle
• T-bone accidents: when a distracted driver rolls through a stop sign or red light into an intersection, failing to yield the right of way to another vehicle
• Head-on collisions: when a distracted driver drifts out of their lane into oncoming traffic or enters the wrong way on a divided highway or one-way street
• Sideswipes: when a distracted driver drifts out of their lane on a divided highway and strikes a glancing blow off the side of a vehicle moving in the same direction in a parallel lane
• Pedestrian accidents: distracted drivers may fail to yield to a pedestrian in a crosswalk or drift to the shoulder of the road where a pedestrian is walking
• Roadway departures and collisions with obstacles: some distracted driving accidents only impact the driver by causing them to drive off the roadway and into a ditch or obstacle

When a driver engages in any activity that diverts their attention from the road ahead and takes at least one hand away from the steering wheel, it’s a careless action that constitutes negligence and leaves them liable for damages like medical expenses, lost income, pain and suffering, or wrongful death to any accident victim. A personal injury lawyer can help ensure that the negligent driver is held accountable for these damages.

Distracted Driving Laws in California

California has some of the country’s strictest laws against distracted driving, including a statewide ban on handheld cell phone use for all drivers. The state also bans the use of handheld and hands-free cellphone use for bus drivers, and drivers under 18, and prohibits texting and driving for all drivers. Despite these laws, 140 fatalities occurred due to distracted driving in California in 2021.

Do I Need an Attorney After a Distracted Driving Accident?

In fault-based car accident insurance states like California, the injury victim must prove the distracted driver’s liability for damages like property damage, medical expenses, and lost wages. This requires compiling evidence showing the following legal points of liability:

• The distracted driver owed a duty of care to others on the road
• They breached this duty by an act of negligence behind the wheel
• Their breach of duty directly caused the accident and injuries
• The injury victim suffered significant damages due to their injuries

It takes an experienced San Diego car accident attorney to find and document compelling evidence of liability and file a claim for compensation against the distracted driver.