Can I Sue for a Car Accident Caused by Distracted Driving?

If you have been injured in a car accident caused by distracted driving, you may be able to file a lawsuit for damages. Here is some advice from a personal injury lawyer in Victorville, CA, on some of the issues to consider.

What Counts as Distracted Driving?

Under California law, every driver has a duty to operate a vehicle responsibly. Any activity that impedes the driver’s ability to operate the vehicle safely is considered distracted driving. Distracted driving could be caused by something obvious such as texting or interacting with a navigation system. It could also be something as simple as eating or interacting with another passenger.

Proving Liability

Proving liability in a car accident means clearly establishing that the other driver failed to operate their vehicle in a safe manner, and then proving the link between their failure and the injuries or property damage caused. You must be able to provide clear evidence of the injuries that you or others sustained from the accident, or of physical damage to your property.

Taking Comparative Negligence in Account

California has a comparative negligence system, which means that the fault may be shared by more than one party. A judge may determine that while the other party was mostly responsible, your actions contributed to the accident. If you are partially responsible for the accident, you may still be able to claim damages, but the amount you can claim will be reduced by the percentage of fault you are assigned.

Proving Your Case

The key to the success of your lawsuit will be the evidence you provide to support your claim. Police accident reports, photographs and videos of the scene, and witness statements will be invaluable in corroborating your version of what happened. Medical documentation of your injuries will be necessary, as well as documentation of damages sustained by your vehicle or other property. It is also wise to keep detailed records of all expenses related to the accident, from medical appointments and medication to vehicle repairs and alternate transportation.

Damages You May Pursue

Damages typically fall into two categories: economic and non-economic damages. Economic damages cover anything that is a tangible loss, such as medical bills, vehicle repair or replacement, or lost wages due to missed work or job loss. Non-economic damages are meant to compensate for intangible losses, such as “pain and suffering” and “emotional distress,” which are legal terms used to describe the psychological and emotional impact of an incident on an individual. These types of damages are more difficult to quantify, but keeping documentation of the incident and its repercussions can help a great deal.

If you have been involved in a car accident caused by distracted driving, get in touch with the Law Offices of Vondra & Hanna in Victorville, CA, today for legal advice and assistance. We also serve Old Town Victorville and the High Desert.

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