Get legal help from an experienced distracted driving accident attorney.

Distracted driving accidents can devastate lives in an instant, leaving victims grappling with injuries, medical bills, and lost wages. If you’ve been hurt by a driver who was texting, talking on the telephone, or otherwise distracted behind the wheel of their car or vehicle, an experienced lawyer can help you pursue a lawsuit to recover compensation.

Get Legal Help from an Experienced Distracted Driving Accident Attorney

At Ellis Helm, APC, in Temecula, California, we understand the toll that a distracted driver can take on your life. If you or a family member has been injured by someone who was talking or texting on a cellphone while driving, our attorneys will take immediate steps to hold the distracted driver and his or her insurance company accountable.

Free case evaluation: Call us at 951-289-0628 to discuss your case with a Temecula distracted driving accident lawyer. We will answer your questions about medical bills, lost wages, insurance and other issues at no cost and with no obligation.

Legal Representation for Distracted Driving Accidents

When you’re involved in a distracted driving accident, securing legal representation is crucial. An experienced attorney can help you navigate the complexities of cases involving drivers distracted by text messaging, mobile phone use, or alcohol consumption while driving.

Your lawyer will work to gather evidence, negotiate with insurance companies, and build a strong case on your behalf. We’ll also ensure you understand your rights and options, helping you pursue fair compensation for injuries and damages resulting from the distracted driver’s negligence.

Understanding Your Rights

As a victim of a distracted driving accident, you have the right to seek compensation for damages caused by the negligent driver. Our law firm can help you understand your legal options, including pursuing claims for medical expenses, lost wages, and pain and suffering resulting from the distraction-induced collision.

You also have the right to hold the at-fault driver accountable for their actions, such as texting while driving or other forms of negligence. We can guide you through the process of gathering evidence and building a strong case to prove the other driver’s liability, ensuring you receive fair compensation for your injuries and losses.

Filing a Distracted Driving Claim

Filing a distracted driving claim involves documenting the accident details and gathering evidence to establish fault. You’ll need to report the incident to your insurance company and collect information about the other driver’s internet usage or other distractions at the time of the collision. This process is crucial for building a strong case and seeking compensation for your injuries.

Our attorneys will help you navigate the complex legal procedures and ensure all necessary documentation is filed correctly. We’ll work to prove the other driver’s fault and secure compensation for your medical expenses, including therapy for physical injuries or traumatic brain injury resulting from the accident. Here’s an overview of the claim filing process:

Report the accident to law enforcement and your insurance company
Gather evidence, including witness statements and photos
Seek medical attention and document all injuries
Consult with an experienced distracted driving accident attorney
File the claim within the statute of limitations
Negotiate with insurance companies or prepare for trial if necessary

Pursuing Compensation for Damages

When pursuing compensation for damages after a distracted driving accident, you must establish legal liability and demonstrate the extent of your losses. You can seek reimbursement for medical expenses, lost wages, property damage, and pain and suffering resulting from the traffic collision.

Our attorneys will help you navigate the complexities of vehicle insurance claims and negotiate with the at-fault driver’s insurance company. If the distracted driver was driving under the influence, you may be entitled to additional compensation due to the heightened negligence involved.

To effectively pursue compensation for damages, follow these steps:

Document all accident-related expenses
Obtain medical records and expert testimony
Calculate long-term costs of injuries
Determine the impact on your quality of life
Present a comprehensive claim to the insurance company
Consider pursuing punitive damages in cases of gross negligence

California Distracted Driving Laws

Distracted drivers have become a leading cause of accidents in Southern California. As a result, our state has passed laws banning most types of cellphone use while driving:

Drivers cannot use hand-held cellphones
Drivers cannot read or send text messages
Bus drivers and novice drivers cannot use any cellphones (hand-held or hands-free)

Our car accident lawyers can review cellphone records to determine if the other driver was using a cellphone in the moments before the accident. Even if the other driver was legally using a hands-free device, it can still be a factor in determining liability. Whenever drivers divide their attention between the road and an electronic device, they are putting other people at risk.

If you’ve been injured in a distracted driving accident, consult a California car accident attorney such as our office to protect your rights and pursue compensation. Our experienced lawyers can help you navigate the complex legal process and deal with insurance companies.

Here’s a summary of California’s distracted driving laws and penalties:

Ban on handheld cellphone use while driving
Prohibition of texting or reading messages while driving
Hands-free operation allowed for drivers 18 and older
Complete ban on cellphone use for drivers under 18
Fines starting at $20 for first offense, increasing for subsequent violations
Potential addition of points to driving record for repeat offenders

In addition to pedestrians and people in other vehicles, our attorneys represent passengers of distracted drivers who are injured. Our lawyers will aggressively pursue your case and seek maximum compensation for you.

Understanding Distracted Driving

Distracted driving poses significant risks on California roads, potentially leading to severe accidents, injuries, and even wrongful death claims. Understanding the various forms of distraction behind the wheel is crucial for your safety and legal protection. From texting while driving to engaging with passengers, these behaviors can impair your ability to maintain proper speed limits and react to road conditions. Experienced attorneys recognize that even seemingly harmless activities like eating or drinking can cause pain and suffering for victims. If you’ve been affected by a distracted driver, it’s essential to email a qualified lawyer promptly to discuss your case and explore your legal options.

What is Distracted Driving?

Distracted driving occurs when you engage in any activity that diverts your attention from the primary task of operating a vehicle. This includes using your phone, eating, drinking, or interacting with passengers while behind the wheel. Police officers are trained to identify signs of distraction and may provide crucial information in accident reports.

The statute of limitations for filing a claim related to a distracted driving accident varies, so it’s essential to consult an attorney promptly. Many law firms offer a free initial consultation, with no upfront fee required to discuss your case.

Common types of distracted driving include:

Texting or using a smartphone
Eating or drinking
Adjusting the radio or navigation system
Grooming or applying makeup
Reading maps or other materials
Engaging in intense conversations with passengers

Distracted Driving Injuries

Distracted driving can lead to devastating injuries for you and others on the road. When a driver’s attention is diverted by activities like drinking or using a phone, the consequences can be severe. You may suffer injuries ranging from minor cuts to life-threatening trauma if involved in an accident caused by distracted driving. Even as a pedestrian, you’re at risk from drivers engaging in this dangerous behavior. In cases of extreme negligence, you may be entitled to pursue punitive damages in addition to compensation for medical costs and lost wages. Seeking emergency medical care is crucial following any distracted driving collision to properly document and treat your injuries.

Common Injuries

Distracted driving accidents can cause a wide range of injuries. You may suffer from whiplash, broken bones, or traumatic brain injuries if involved in a collision with a distracted driver, whether you’re in a vehicle, on a bicycle, or using a rideshare service like Uber.

Traumatic Brain Injuries (TBI): concussions, contusions, diffuse axonal injuries
Spinal Cord Injuries: paralysis (paraplegia, quadriplegia), herniated discs, nerve damage
Whiplash and Soft Tissue Injuries: neck strain and sprain, muscle and ligament injuries, tendon damage
Bone Fractures and Broken Bones: arms, legs, ribs, and collarbones, facial fractures, pelvic fractures
Head Injuries: lacerations and cuts, skull fractures, hematomas
Chest Injuries: broken ribs, sternum fractures, internal organ damage
Abdominal Injuries: internal bleeding, organ damage (spleen, liver, kidneys), abdominal bruising
Back Injuries: spinal fractures, disc injuries, chronic back pain
Psychological Injuries: post-traumatic stress disorder (PTSD), anxiety and depression, emotional distress
Facial and Dental Injuries: broken teeth, jaw fractures, facial lacerations and scarring
Burns and Abrasions: road rash, thermal burns from vehicle fires
Joint Injuries: dislocations, ligament tears (ACL, MCL)
Internal Injuries: organ perforation, pneumothorax (collapsed lung)
Cuts and Lacerations: broken glass, metal and debris
Fatal Injuries: wrongful death

These injuries can range from mild to severe, often requiring extensive medical treatment and rehabilitation.

Call Our Attorneys To Pursue The Compensation You Deserve

If you’ve been injured in a distracted driving accident in Southern California, don’t hesitate to call our experienced attorneys at Ellis Helm APC. We’re here to help you pursue the compensation you deserve for your injuries and losses.

Our legal team understands the complexities of distracted driving cases and the duty of care owed by all drivers on the road. We’ll thoroughly investigate your case, gather relevant statistics, and build a strong claim to support your right to compensation.For a free, no-obligation consultation with a distracted driving accident attorney at our firm, call 951-289-0628 or complete our simple contact form. We charge no fees unless and until we recover compensation for you.

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Frequently Asked Questions About Distracted Driving Cases

What should I do immediately after a distracted driving accident on the road?

After a distracted driving accident, prioritize your safety and contact the police to report the incident. Collect information from the other driver, witnesses, and take photographs of the accident scene. Seek medical attention for any injuries, such as whiplash or traumatic brain injury, and contact a California car accident attorney to discuss your case.

How can a lawyer help me if I’ve been injured in a distracted driving accident?

A lawyer can help by providing legal advice, gathering evidence, negotiating with insurance companies, and representing you in court if necessary. They will work to prove negligence, seek damages for pain and suffering, and ensure you receive fair compensation for your injuries and property damage.

What types of compensation can I seek in a distracted driving lawsuit?

In a distracted driving lawsuit, you can seek compensation for medical expenses, lost wages, pain and suffering, property damage, and punitive damages. An experienced attorney will help you evaluate your case and negotiate a settlement or represent you at trial.

How do I prove the other driver was distracted at the time of the accident?

Proving distraction involves gathering evidence such as cell phone records, witness statements, surveillance footage, and police reports. An attorney can subpoena records and use expert witnesses to establish that the other driver was engaged in activities like text messaging or using a mobile phone while driving.

What is the statute of limitations for filing a distracted driving accident lawsuit in California?

In California, the statute of limitations for filing a personal injury lawsuit, including distracted driving accidents, is generally two years from the date of the accident. It’s important to consult with a lawyer as soon as possible to ensure you don’t miss this deadline.

Can I still recover damages if I was partially at fault for the accident?

Yes, California follows a comparative negligence rule, meaning you can still recover damages even if you were partially at fault. However, your compensation will be reduced by your percentage of fault. An experienced lawyer can help you navigate this aspect of your case.

What are common injuries resulting from distracted driving accidents?

Common injuries include whiplash, spinal cord injuries, traumatic brain injuries, bone fractures, internal bleeding, and psychological trauma. Seeking medical attention and documenting your injuries is crucial for your legal case.

How does distracted driving due to mobile phone use impact legal liability?

Using a mobile phone while driving, such as texting, is a clear form of distraction and can establish legal liability for an accident. Proving that the other driver was distracted by their phone can strengthen your case and lead to a higher settlement.

What should I do if the insurance company offers me a settlement after a distracted driving accident?

Before accepting any settlement offer from an insurance company, consult with a lawyer. Insurance companies often offer low settlements to minimize their payout. An attorney can evaluate the offer, negotiate on your behalf, and ensure you receive fair compensation.

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Distracted Driving Accident Attorneys Serving the Temecula and San Diego Metro Area

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Get legal help from an experienced distracted driving accident attorney.