Distracted Driving Accidents in San Jose, CA
Assistance from Our San Jose Car Accident Lawyer
Distracted driving is no new development and has likely existed since motorized vehicles were first invented. Today, however, distracted driving has taken on a new and highly dangerous form, not to mention one that has become incredibly prevalent. In fact, driver distraction accounts for so many car accidents, injuries, and fatalities across the United States that the National Highway Traffic Safety Administration (NHTSA) has gone as far as referring to distracted driving as a national epidemic. According to the NHTSA, more than 3,000 people were killed and more than 387,000 were injured in distracted driving crashes in 2011 alone.
Laws in Place to Leverage Drivers
Such concerning statistics have sparked nationwide efforts to reduce the rates of distracted drivers on U.S. roads and highways. Many states and local jurisdictions have enacted specific laws that touch upon common forms of driver distraction.
In California, the following laws have been established to confront the dangers of distracted driving:
- Bans on handheld devices for all drivers
- Bans on texting for all drivers
- Bans on cell phone use, including handheld and hands-free devices, for bus drivers and novice drivers
As most of these laws are primary laws (with the exception of the ban on cell phone use for novice drivers), these acts are considered explicit violations of state laws. As such, law enforcement officers can ticket drivers for the offense without any other traffic violation taking place. With these laws in place and with such widespread efforts to increase awareness about the dangers of distracted driving, any reasonable person should know that driving while distracted is a highly negligent act.
Types of Distracted Driving
Distracted driving can take many different forms, all of which are inherently dangerous. Distracted driving is any act or behavior that takes a driver’s attention away from the primary task of driving.
Common examples include:
- Using a cell phone or handheld device
- Text messaging
- Eating or drinking
- Conversing with passengers
- Adjusting the radio, CD player, MP3 player, and other console controls
- Watching videos or electronic navigation systems
- Personal grooming
Among these forms of driver distraction, few are as alarming, common, and dangerous as text messaging. This is because texting commands the visual, cognitive, and manual focus of a driver simultaneously, thereby reducing their ability to notice or react to potential roadway dangers in a timely manner. According to the NHTSA, texting behind the wheel also creates an elevated crash risk – approximately 23 times worse than driving without distraction.
Fair Compensation for Injured Victims
Victims who have been injured in car accidents caused by a distracted driver have every right to hold the at-fault motorist liable for the damages they suffered, even if the driver was an Uber or Lyft driver. By working with an experienced San Jose personal injury lawyer, victims can receive the support and representation needed to craft an effective personal injury claim.
By presenting clear and convincing evidence that a driver was distracted at the time of an accident, our firm’s legal team can work toward recovering full and fair compensation that covers victims’ physical, emotional, and / or financial damages. You can learn more about negligence and liability in distracted driving accidents on our blog.
Proven San Jose Injury Attorney on Your Side
Attorney Caroline Nasseri has been fighting on behalf of injured victims and their loved ones for more than two and a half decades. Throughout the years that she has been in practice, she has personally guided countless car accident victims through the personal injury claim process and toward the compensation they deserve.