Ontario car accidents resulting from distracted driving may be confusing to prove. Victims think that it is almost impossible to justify that the at-fault driver was distracted, causing the crash. In most cases, evidence, such as call history or social media activities, can help you prove their negligence.
Read on to learn more about distracted driving and how to prove that your car accident results from this to protect your legal rights.
How Dangerous Is Distracted Driving?
Distracted driving presents significant dangers to everyone on the road. The potential outcomes of accidents caused by such reckless driving include severe injuries and, tragically, loss of life. As per the National Highway Traffic Safety Administration, distracted driving is a factor in 10% of fatal crashes in the United States, leading to over 3,000 deaths annually.
Moreover, in 2021, California witnessed 140 fatalities in accidents caused by distracted driving, marking a 27.3% rise from the previous year. The primary distraction for drivers continues to be mobile devices, encompassing activities like texting, taking pictures, emailing, or using applications.
The consequences of distracted driving can be severe, impacting not only the distracted driver but also other motorists, pedestrians, and passengers. This is why individuals must focus on the road and avoid distractions to protect everyone’s safety.
Is It Illegal to Drive While Distracted In California?
Distracted driving occurs when a driver engages in any activity that shifts their focus away from driving. Among the most prevalent distractions is the act of texting or using mobile phones while operating a vehicle.
With the significant dangers of distracted driving, California mandated a law that makes it illegal to drive while distracted.
Under California Vehicle Code Section 23123.5, drivers are prohibited from using handheld electronic devices to create, send, or view text-based messages while operating a motor vehicle. This encompasses activities such as texting, emailing, instant messaging, and any other form of text-based communication when using handheld devices.
However, if you wish to use hands-free devices or voice-activated functions for sending and receiving text messages, provided they don’t necessitate manual input, you may do so. This law also exempts emergency personnel and drivers reporting emergencies.Moreover, violating this regulation can lead to legal consequences, such as fines. Additionally, per Assembly Bill 47, a point may be added to your driving record for 36 months.
What To Do in a Car Accident Due to Distracted Driving
If you find yourself in a car accident in Ontario, CA due to distracted driving, the following steps may help you ensure your safety and safeguard your legal rights in case of a personal injury claim:
- Ensure the safety of everyone involved in the accident. In case of injuries, immediately call 911 to contact the Ontario Police Department.
- Seek medical assistance from the nearest Ontario local hospital.
- Exchange contact and insurance details with the other individuals involved in the collision, including law enforcement.
- Capture photographs of the accident scene, documenting the vehicles, damages, and the surrounding area.
- Avoid taking the other driver’s cell phone to check their history, as this may aggravate the situation. Instead, wait for the police officers to arrive and inspect.
- Gather contact information from witnesses present at the scene, as their statements could aid in determining fault and understanding the accident sequence.
- Cooperate with the authorities.
- Consult an Ontario car accident attorney to understand your rights and determine the appropriate legal steps.
Can I File a Claim for an Ontario Car Accident Due to Distracted Driving?
Distracted driving often leads to accidents, such as head-on crashes, resulting in injuries or damages. If you are in a car accident in Ontario, CA due to distracted driving, you may file a claim to receive compensation for the damages.
However, note that you must first clearly demonstrate that the other driver’s distracted driving violation directly caused the collision. Generally, proving negligence in a car accident involves establishing the following elements:
- The driver had the duty to ensure the safety of all road users.
- The driver did not fulfill this duty.
- A car collision occurred as a result of the breach of duty.
- The accident caused injuries or other damages.
While you have the right to file a car accident claim, determining liability for the crash may pose challenges, such as limited evidence to support your claim. Depending on the unique circumstances of the collision, an Ontario car accident lawyer can assess the specifics and determine liability to build your case.
How Do I Prove the Driver’s Distracted Driving Violation?
You might think proving that the other driver was distracted during the collision is challenging. While this may somewhat be true, some pieces of evidence can help you establish the other driver’s negligence in a car accident due to distracted driving.
- Eyewitnesses: Eyewitnesses might offer essential details regarding the driver’s behavior before the collision. With this, you may collect the contact details of witnesses at the accident scene. Your lawyer will contact them to record their statements about the crash as the legal process continues.
- Police Record: Obtaining a copy of the police report can be beneficial in demonstrating the other driver’s negligence. When parties are involved, police officers typically record statements or observations that point to a distracted driving violation.
- Social Media Engagement: You may ask the police or legal experts to check for any changes or posts from the collision on the driver’s social media accounts.
- Cell phone Records: You may also ask the authorities or experts to obtain the driver’s cell phone records to examine whether there were any phone calls, text messages, or app activities at the time of the accident. This can serve as vital proof of distracted driving.
- In-Car Cameras: Some vehicles come equipped with in-car cameras or dashcams. In most cases, these cameras can show what happened before the accident.
- Expert Testimony: In cases where there is limited evidence, your lawyer may seek advice from forensic analysts or accident reconstruction specialists who are qualified to evaluate the material and provide testimony about the driver’s distractions.
Remember that the quality and credibility of the evidence determine your case’s strength. It is best to consult an Ontario car accident attorney with experience managing distracted driving cases to help you navigate the legal procedure and ensure the quality of your evidence.
Lawyer’s Tip: Sometimes, establishing the details of car accidents can be difficult, mainly when there’s insufficient evidence to validate your case. Auto accident reconstruction aids in comprehending the sequence of events and factors leading to the crash by identifying specific factors like speed, stopping distances, and driver input.
What Damages Can I Include In My Ontario Car Accident Settlement?
Like any other car accident, you can pursue a personal injury claim for various damages relevant to your circumstances. Typically, you can seek the following damages in a car accident in Ontario, CA:
Economic damages cover tangible financial losses like:
- Medical expenses
- Vehicle damage repair
- Lost wages
- Future loss of income
- Out-of-pocket expenses
Non-economic damages involve the emotional or psychological effects of the car accident, such as:
- Pain and suffering
- Emotional distress
- Post-Traumatic Stress Disorder
- Loss of companionship
- Loss of emotional support
Lastly, punitive damages denote the monetary compensation from the defendant, serving as a penalty for the at-fault driver’s reckless actions that caused the car accident.
While you can claim these damages, victims often struggle to quantify non-monetary losses. Your Ontario car accident lawyer will thoroughly assess all potential areas for coverage when calculating your compensation and negotiating the highest settlement amount.
Do I Need the Help of an Ontario Car Accident Lawyer When Filing a Claim?
While a distracted driving violation may seem like the apparent cause of an accident, it may be challenging to prove. For instance, how will you justify that the other driver was distracted by talking to their passenger, eventually leading to your car accident?
An Ontario car accident lawyer can help assess the facts of the case and gather evidence to support your claim. Aside from this, they also have the resources and expertise to connect with a car accident reconstructionist if there is limited proof.
Moreover, they can take these steps to improve the chances of a successful claim:
- Gather evidence to bolster the case.
- Determine the liability of the party at fault.
- Evaluate the complete scope of the damages.
- Communicate with the insurance company.
- Commence legal action if necessary.
Why Should I Hire an Ontario Car Accident Lawyer from Jacoby & Meyers?
At Jacoby & Meyers, our unwavering commitment to helping accident victims attain the justice they deserve remains resolute. We strive to contribute to our communities by facilitating access to crucial medical care for those impacted by accidents.
Our legal team has streamlined an effective process to ensure you are well informed about your legal rights and receive the justice you are entitled to. Our dedicated team of legal professionals provides exceptional service by:
- Maintaining transparent and open communication throughout the entire course of your case.
- Negotiating skillfully with insurance companies to secure fair and equitable compensation on your behalf.
- Assisting in coordinating appropriate medical treatments as recommended by your healthcare provider.
- Providing support for any other concerns related to your accident to alleviate your anxieties.
- Safeguarding your legal rights by establishing liability, evaluating the extent of damages, and vigorously advocating for your claim.
We offer a free consultation where you can receive legal guidance from Ontario car accident attorneys. To explore your legal options, contact us at 800-500-0000.
Jacoby & Meyers. Because You Deserve Justice.
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Works Cited
“23123.5.” California Legislative Information. Accessed 10 January 2024.
“Assembly Bill 47.” California Legislative Information. Accessed 10 January 2024.
“Distracted Driving | Office of Traffic Safety.” California Office of Traffic Safety. Accessed 10 January 2024.
“The Risks of Distracted Driving – AAA Exchange.” AAA Exchange. Accessed 10 January 2024.
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