Getting in any type of car accident is very frustrating, but when you know that the accident was caused by another driver who was actively distracted, it can be extremely upsetting. In cases where your accident was caused by a distracted driver who may have been texting, using their phone in other ways, playing with a GPS, or any other action that takes their attention from the road intentionally, we will work to establish this as the cause of the accident, and then establish a fair amount of money that we believe you are owed for your injuries.
Contact us now for a free initial consultation, and speak directly with our team to learn about the help that is available for you and the options that we suggest you consider while fighting for what you deserve. We will work with the other insurance company from day one, handling any required paperwork as well as making direct negotiations for a personal injury settlement. If we are unable to reach an agreement during negotiations, then we will move to a full lawsuit in the San Diego Superior Court, where we will take your fight to trial if necessary.
Read more below about different types of distracted driving, as well as what to do if you are involved in a car accident with a distracted driver.
Types of Distracted Driving
According to the CDC (Centers for Disease Control), there are three main types of distracted driving: visual, manual, and cognitive.
This type of distraction involves actually taking your eyes off the road, as in when a driver reads a text message, checks an email, watches their GPS, or focuses on the radio. This distraction may seem innocuous, but it is very dangerous and delays the driver’s reaction time to unexpected hazards.
A manual distraction is when a driver physically takes their hands off of the wheel, such as when they are eating while driving, doing makeup, or digging around the passenger seat to find something.
A cognitive distraction is a bit more complicated to prove than a visual or manual distraction because it involves the driver simply taking their mind off of the task of driving. In instances where a driver is texting or playing with their GPS, there is a measurable action; however, it is difficult to establish a baseline of “attention” which you can then argue was diminished because of cognitive distraction.
What To Do If You Have Been In a Crash With a Distracted Driver
The first thing that you should do in any accident is to check in with yourself and your passengers to identify any injuries. If you are able to, move your vehicle out of the road in order to avoid causing any further accidents, but if there are any serious injuries or safety reasons why you should not move, then stay where you are.
Contact 911 immediately, so that the police can secure the area and the EMTs can address any injuries. While this is happening, speak with the police and let them know that you believe the other driver was distracted, and explain in as much detail as possible why you believe that this was the case. The police may also end up getting an admission from the other driver while they are taking their statement.
In addition to the firsthand statements made by you and the other driver, any additional eyewitness accounts (as well as any surveillance videos) will help to support your claims and will strengthen your case during negotiations or in a trial. It is important that we bring as much information as possible to our case in order to make our argument very clear.
Most importantly, get the appropriate medical attention for your injuries. There is no honor in “sucking it up,” and in fact, you will only be complicating your case if you refuse to acknowledge injuries or do not take the right steps for recovery. When we are working with the other insurance company, they will want to see that the injuries they are compensating you for are strictly the injuries that were caused in the accident and not complications due to improper care. In addition to the obvious need to take care of your injuries, each medical appointment that you attend will add to the documentation that we will utilize to build your case and prove your needs.
Contact Us Today
The sooner you begin working with a car accident attorney in San Diego, the sooner you will be able to collect your damages and focus solely on getting your life back on track. While we are fighting on your behalf, you will be able to prioritize recovery without the added stress of your legal concerns, with the confidence that comes with knowing that there is an aggressive legal team working on your behalf.