Today’s modern distractions make it easy to lose focus on the road ahead. Texting and driving is only one form of distracted driving, but it is a very dangerous one. If you were injured by a driver who was texting or otherwise distracted, our Carlsbad distracted driving accident lawyers can help you pursue fair compensation for your damages.
What Is Distracted Driving?
The National Highway Traffic Safety Administration (NHTSA) defines distracted driving as any activity that diverts attention from driving. Some of the most common forms of distracted driving include:
- Texting while driving
- Talking on a cell phone
- Using other electronic devices
- Eating or drinking
- Talking to passengers in the vehicle
- Adjusting audio settings
- Engaging with the infotainment system
- Grooming
When drivers are distracted, they are less likely to recognize hazards and have slower reaction times. Their eyes may be off the roadway, and their hands may be off the steering wheel.
Cell Phone Use and Distracted Driving
While various activities can constitute distracted driving, cell phone use continues to be a primary concern. According to the Insurance Institute for Highway Safety (IIHS), researchers have consistently linked texting to increased crash risk. Some studies have also found talking on a cell phone increases crash risk.
The NHTSA reports that 3,275 people were killed by distracted driving in 2023. California has tried to combat these accidents by passing laws discouraging cell phone use. Cell phones are banned for all drivers under the age of 18. Handheld cell phone use is also banned for adult drivers.
Damages You Can Recover from a Carlsbad Distracted Driving Accident Claim
By filing a Carlsbad car accident claim, you may be able to seek compensation for the damages you suffered, such as:
- Medical expenses, including past, current, and future
- Lost wages and reduced earning capacity
- Property damage
- Pain and suffering
- Emotional distress and mental anguish
How to Prove Distracted Driving Caused the Accident in Carlsbad
Because California is an at-fault state for car accidents, you have to show the other driver was at fault to recover compensation. While you may suspect the other driver was distracted, it may be difficult to prove this alone. An experienced distracted driving accident lawyer in Carlsbad can help by:
- Reviewing accident reports for mention of possible distractions
- Interviewing witnesses
- Photographing vehicle damage that corresponds with distracted driving or lack of skid marks to suggest the other driver wasn’t paying attention
- Requesting video footage from traffic cameras, surveillance cameras, and dash cams that shows the other driver was distracted
- Subpoenaing cell phone records
- Extracting information from event data recorders
- Conducting discovery requests to obtain additional evidence
You can learn more about how a lawyer can help when you call us for a free case review.
Contact Our Carlsbad Distracted Driving Accident Lawyers Today
If you were injured in a distracted driving accident, the injury lawyers at The Miller & Steele Law Firm in Carlsbad can help. We are ready to stand up for your rights and fight for the compensation you deserve after you were injured due to someone else’s negligence. Call (760) 840-5221 or contact us online for a free consultation with a Carlsbad distracted driving accident lawyer.