Car Crash Lawyer Assisting Residents of Los Angeles

Distracted Driving Accidents

All drivers in California are expected to use reasonable care while driving their cars. Reasonable care includes paying attention to the road and traffic conditions, as well as the weather, and responding appropriately to emergency situations that may arise. If you are injured in a car accident that you believe was caused by a distracted driver, you may be able to sue the driver for their negligence and recover damages.

A plaintiff trying to prove negligence must show that the distracted driver breached their duty to use reasonable care and that this was the cause of the plaintiff’s injuries and actual damages. For example, if you saw a driver texting while driving, and then that driver swerved into you and caused you to break your ribs, it is likely that you will be able to establish that the driver breached the duty to use reasonable care.

In some cases, the doctrine of negligence per se is available. This means that if a defendant’s actions violate a safety law that was enacted in order to protect the class of people to whom the plaintiff belongs, the defendant is negligent as a matter of law. The jury does not need to look at whether a reasonable person would have done those actions or not but will only look at whether there was a statutory violation. If there is a violation of a traffic law due to the defendant’s distraction, it may be appropriate for a distracted driving accident attorney in Los Angeles to raise the doctrine of negligence per se.

After being hurt in a distracted driving accident, you should call the police to the scene. They might interview witnesses and look into what the reasons for the accident were. They may cite the defendant, and the citation may be crucial for the purposes of proving a violation of a safety law.

It is not uncommon for a defendant or an insurer to raise the issue of whether your own negligence caused the accident. The doctrine of comparative negligence says that a plaintiff’s damages may be reduced by an amount equal to their fault. The jury will evaluate both your behavior and the behavior of anyone else potentially at fault and apportion responsibility for the accident. Your total damages will be reduced by an amount equal to your percentage of fault. For example, if the jury determines that you have $100,000 in damages, but you are 40% responsible, you may recover $60,000 from the defendant.

Damages that you may be able to recover after a distracted driving accident include both special and general damages. Special damages are tangible, often documented losses, such as hospital bills, medical treatment expenses, medical mileage, household services, and property damage. General damages include intangible losses, such as pain and suffering, loss of consortium, and mental anguish. The amount of general damages tends to vary significantly based on the extent to which the jury believes that you were harmed and the intangible harm that they believe might naturally flow from your injuries.

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