Understanding Distracted Driving: Types, Risks, and Legal Consequences!

Distracted driving, along with substance use and a few others, is one of the five kinds of driving impairments. Distracted drivers are in their own world. In June 2024, a San Diego motorist turned left in front of a police cruiser in full emergency mode (siren and overhead lights on). These crashes commonly cause serious injuries, such as head injuries, broken bones, and internal injuries. These wounds are usually permanent, at least to an extent.

TThe economic costs of a car crash injury, mostly lost wages and medical bills, usually exceed $150,000. Most group health insurance policies don’t cover injury-related costs, and most families can’t afford to pay these bills out of pocket. So, a Los Angeles personal injury lawyer works hard to obtain the financial compensation these victims need to pay accident-related expenses and move on with their lives.

Kinds of Distracted Driving

Hand-held electronic devices, which are illegal to use while driving in California, may be the most infamous cause of distracted driving in the Golden State. These gadgets are also the most dangerous form of distracted driving. They combine all three forms of distraction, which are:

• Cognitive (mind off driving),
• Visual (eyes off the road), and
• Manual ((hand off the wheel).

Other kinds of distracted driving are much more common and almost as hazardous. These kinds of distracted driving include hands-free devices and non-device distraction.

Manufacturers often associate hands-free with risk-free. But that’s not the case. In fact, hand-free devices may be more dangerous than the hand-held variety. Speakerphones are cognitively and visually distracting. Furthermore, these devices give drivers a false sense of security. Therefore, they take unnecessary risks behind the wheel.

Non-device distraction, such as eating while driving, is almost as old as the first drive-thru restaurant, which opened in 1921. This behavior is so deeply ingrained that most people don’t believe it’s dangerous. They multitask their way through their days at school or work, and they wrongly assume it’s safe to do the same thing behind the wheel.

Distracted Driving and Ordinary Negligence

Compensation for the losses mentioned above is available if Car Accident Injury Lawyers in California prove negligence or a lack of care by a preponderance of the evidence, or more likely than not. Let’s break down these two essential ingredients (lack of care and evidence).

The duty of care is the legal version of the Good Samaritan story, which people of all faiths or no faith embrace. Like most other states, California has Good Samaritan laws that protect people who assist or try to assist injury victims. More importantly, for this post, the Good Samaritan went out of his way to help an injured traveller. Likewise, motorists are responsible for going out of their way to avoid accidents. Usually, “going out of your way” means driving defensively and obeying the rules. It also includes a requirement to focus on the task at hand.

Work cubicles and schoolrooms don’t change much; if they do, it’s gradual. SoCal roads are much different.

The evidence in a distracted driving case must clearly show that the tortfeasor (at-fault driver) was negligent. Assume Tony picked up his phone and rear-ended someone who stopped short for no apparent reason. Most jurors would consider that wreck a wrong-place-at-the-wrong-time accident. However, if Tony had been steadily using his phone for several blocks, he was probably negligent.

A California personal injury attorney typically uses the burden of proof and electronic evidence in these situations. If Tony was on his phone for a moment, it’s more likely than not he was on his phone for more than a moment. 

On a related note, if half-eaten food was in the passenger area, it’s more likely than not that the tortfeasor was eating while driving.

Device use history may be the most compelling electronic evidence in device distraction cases. Unless an attorney acts quickly to preserve this evidence, the tortfeasor will almost certainly “accidentally” delete it.

Negligence Per Se

As mentioned, California has a hands-free law. If emergency responders issue citations to tortfeasors, they could be liable for damages as a matter of law. 

Sometimes, emergency responders issue citations to establish fault. Other times, they take the opposite approach. Since they view car crashes as civil matters, they intentionally don’t write citations and don’t get involved.

California also has a reckless driving law, which could theoretically apply to non-device distraction. However, emergency responders usually only issue such citations in extreme cases. 

As a result, a Los Angeles personal injury lawyer must use the ordinary negligence doctrine, which was outlined above, in almost all distracted driving cases.

Contact Our Experienced Personal Injury Attorneys Today!

Distracted drivers are dangerous drivers. For a free consultation with an experienced personal injury attorney in Los Angeles, contact the Law Offices of Eslamboly Hakim. The sooner you reach out to us, the sooner we start working for you.