Oxnard Distracted Driving Accident Attorneys

Injured by a Distracted Driver? Contact Crane Flores, LLP!

Several studies have shown that cell phone use impairs driving more than alcohol intoxication while driving. Yet most people do not take cell phone use or texting quite as seriously. As a result, many auto accidents occur every day, resulting in severe injuries or even death, just because the negligent driver was distracted by the phone. At Crane Flores, LLP, we take this type of negligence seriously. We zealously pursue your right to recovery and send a message that cell phone use and driving do not mix.

Statistics on Auto Accidents Involving Cell Phone Use

Many people think they can multitask while driving. This is especially true when it comes to using their cell phone while in the car.

According to the National Safety Council, it is estimated that:

• At least 28 percent of all traffic crashes—or at least 1.6 million crashes each year—involve drivers using cell phones and texting
• 1.4 million crashes each year involve drivers using cell phones
• A minimum of 200,000 additional crashes each year involve drivers who are texting

The statistics speak clearly. Driving while distracted is dangerous — almost as dangerous as driving while intoxicated. However, the direct effect driver distraction can have on your personal injury case is not always so clear. The fact that the other driver was distracted leading up to your accident is almost always a very strong factor in your favor. On the other hand, the fact that you were driving distracted may reduce or even preclude your ability to obtain compensation.

In the courtroom, a person is usually negligent — and therefore liable — if a jury examines the facts and finds the person was acting in an unreasonable manner and that those actions were the legal cause of the injury. However, if that person was violating a law and that violation was a legal cause of the accident, then a jury may find the person negligent per se without having to consider the other circumstances.

When distracted driving factors into a car accident, it can influence your personal injury case in the following ways:

• In California, it is illegal to use a handheld phone or other electronic communications device while driving, subject to some exceptions. A driver who was violating this law may be found negligent per se if an accident results.
• Even if a driver does not break any laws, driving while distracted may still be grounds for a finding of negligence if a jury can determine that the driver’s actions were unreasonable under the circumstances. Even though fiddling with the radio, talking with friends and eating in the car are not illegal, they can still be a basis for liability.
• If you were using a phone or otherwise distracted when your accident occurred, the defense may argue you were partially or fully at fault for your own injuries and reduce your compensation accordingly.

When you are involved in a vehicle accident, we investigate every potential cause, including whether the negligent driver was driving while on the phone. Our Oxnard distracted driving accident attorneys are committed to fighting for the justice and recovery you deserve.

California’s Laws on Cell Phone Use While Driving

Drivers are required to use hands-free equipment while talking on their mobile phones. If the driver is younger than 18 years of age, the state mandates that the “novice driver” does not use a wireless telephone, pager, laptop, or any other electronic mobile device to speak or text while driving. This applies even if the young driver intends on using a hands-free headset. The only exception to this new rule is in emergency situations where police, fire, or medical authorities need to be called.

A California law, effective January 1, 2013, prohibits a driver of a motor vehicle from writing, sending or reading a text message while driving. There is an exception for voice-operated or hands-free texting, but this exception is under debate and may change soon. If you were involved in a motor vehicle accident and the other driver was texting when he/she hit you, that party’s negligence is clear and we pursue all available remedies. We know that a wreck can be emotionally and financially overwhelming, so we guide you through the process, step by step.