Posted on Tuesday, January 21st, 2020 at 6:26 pm
It is a privilege to drive in California. A California’s driver’s license can be revoked or suspended by the state for traffic infractions and other offenses. All drivers assume a duty of care when they receive their driver’s license. They have a duty of care to operate their motor vehicle safely. They owe all others on the road a duty of care to avoid actions that could result in injuries and accidents. When a driver fails in this duty of care, the driver can lose his or her driver’s license, depending on the severity of the offense. The driver can also face criminal charges (i.e. DUI accidents) and civil liability.
Distracted Driving and a Driver’s Duty of Care
Distracted driving is a common cause of traffic accidents in California. Drivers who operate a motor vehicle while distracted are failing in their duty of care to operate a motor vehicle safely. When a driver is distracted, the driver cannot focus his or her full attention on the road. Therefore, the driver is placing others on the road at risk of injuries because the driver is increasing his or her risk of causing a traffic accident.
For example, the CDC states that a driver who reads or sends a text looks away from the road for the length of a football field when traveling at 55 mph. Any vehicles or individuals in the path of that vehicle are in serious danger because the driver is not paying attention to the road.
A driver operating a motor vehicle should have complete control of the vehicle at all times. Just a few seconds of distraction can result in a catastrophic car crash.
Consequences of Distracted Driving
The consequences of distracted driving can be serious and life-changing. Thousands of families lose loved ones each year in distracted driving accidents. Distracted drivers seriously injure thousands of individuals each year in the United States.
Common injuries caused by distracted drivers include, but are not limited to:
- Spinal cord injuries, including paralysis
- Head and brain injuries, including TBIs, concussions, and skull fractures
- Back injuries, including disc fractures and ruptured discs
- Shoulder and neck injuries, including whiplash
- Internal injuries and bleeding
- Broken bones and fractures
- Lacerations, scarring, and disfigurement
- Amputations and loss of bodily functions
- Soft tissue injuries
- Seatbelt injuries and airbag injuries
- Emotional and mental anguish, including depression, PTSD, and anxiety
- Permanent impairments and disabilities
Distracted driving also results in financial losses, in addition to the physical and emotional pain caused by crashes. Victims of distracted drivers incur medical expenses, personal care costs, loss of income, and other financial damages. Even with disability insurance and health insurance, an accident victim can incur hundreds of thousands of dollars in losses because of a distracted driver.
How Can a Sacramento Car Accident Attorney Help?
It can be difficult to prove that a driver was distracted at the time of a crash. A car accident lawyer can investigate the cause of the crash to gather evidence to prove that the distracted driver was responsible for causing the collision. An attorney can subpoena cell phone records and other information that can help prove the driver was distracted. A Sacramento car accident lawyer can also gather other evidence that proves the car crash was not your fault.
In addition, our legal team works with you to carefully document your financial losses and other damages for your injury claim. Carefully documenting your damages increases the chance you recover a fair amount for your car accident claim.
Contact The Tiemann Law Firm by calling (916) 999-9000 to schedule a free consultation with one of our California distracted driving accident attorneys.