Los Angeles Distracted Driving Accident Attorney

Types of Distracted Driving

Although many different activities can divert a driver’s attention from the road ahead, driving distractions tend to fall into one or more categories.

There are three main types of distracted driving:

• Cognitive Distractions: Encompass a wide range of mental activities a driver can be involved in that take their attention from the road, whether it be worrying about what to make for dinner, talking to a passenger, or even singing along to the radio.
• Visual Distractions: Include anything that requires the driver to take their eyes off the road, such as checking seatbelts, looking at a passenger in the vehicle, or glancing at a cellphone or GPS.
• Manual Distractions: Include any activities that cause the driver to take one or both hands off the wheel, including reaching for a dropped phone or grabbing something quickly from a purse.

Because distracted driving accidents are entirely preventable, you may feel angry or frustrated about what happened. As your Los Angeles distracted driving accident attorney, Scott J. Corwin will take the time to listen to your story and offer responsive, compassionate, and effective legal counsel.

Who Can Be Held Liable for Distracted Driving Accidents in California?

In the state of California, determining liability in a distracted driving accident requires a thorough examination of the circumstances surrounding the incident. Commonly, the person directly responsible for the distraction-related crash is the driver who was not paying full attention to the road. However, liability can sometimes extend beyond the driver themselves, depending on various factors and potential third-party influences. Here's a closer look at who can be held accountable:

• Distracted Driver: The most apparent responsible party is the distracted driver who was negligent in keeping their focus on driving. This individual can be held liable for any damages or injuries caused by their lack of attention.
• Employers: If the distracted driver was operating a vehicle as part of their job duties, the employer might be held vicariously liable. Employers are expected to ensure their workers follow all traffic laws, including those related to distracted driving.
• Vehicle Owners: California’s permissive use laws may hold the vehicle owner liable if they lent their car to someone who then caused an accident while driving distracted. This is particularly relevant if the owner knew or should have known of the driver’s habitual distracted driving behavior.
• Product Manufacturers: In rare cases, if a vehicle defect—such as a faulty infotainment system—contributed to the distraction, the manufacturer might share liability due to defective or poorly designed products.
• Third Parties: Some situations may involve third-party distractions, such as aggressive marketing leading to dangerous mobile app usage while driving. If legally attributable, these entities could potentially share blame under negligence theories.

Understanding the intricacies of legal liability for distracted driving is crucial for victims seeking justice. Consulting an experienced attorney can help navigate the complexities and identify all liable parties to hold them accountable. If you or a loved one is searching for legal guidance, contact Scott J. Corwin, A Professional Law Corporation, to assess your case and explore your options.

California Texting and Driving Laws

California has several laws in place to minimize driver distractions and maximize safety for everyone on the road. Drivers in Los Angeles and across the state are prohibited from talking and/or texting on a handheld cellphone while behind the wheel, according to the Governors Highway Safety Association.

There are several exceptions to the handheld cellphone/texting while driving ban. In emergencies, drivers may use handheld devices to call for emergency services. The ban also does not apply to emergency personnel who are currently operating an authorized emergency vehicle, as well as any driver operating a motor vehicle on private property. California drivers are also allowed to manually turn on or off mounted GPS devices, as long as doing so requires a single tap or swipe.

Note that drivers under the age of 18 are prohibited from using any cellular/wireless device while driving, even if the device is hands-free, except in the case of emergencies.

In order to comply with the law, many motorists have switched to using hands-free cellular devices. These cellphones allow drivers to maintain a conversation without having to use their hands or take their eyes off of the road. While these devices might be safer to use than handheld devices, studies show that they still serve as a significant distraction to drivers and could even contribute to a serious motor vehicle accident.

How to Protect Yourself from Distracted Drivers

It’s not uncommon to look over at a driver in the neighboring lane and see their head down staring at their cellphone. However, more often than not, we don’t have a direct line of sight into other vehicles, so it’s essential to keep your eyes peeled for warning signs of distracted driving.

According to police officers, these signs include drivers who:

• Travel much faster or slower than the speed limit or flow of traffic
• Change speed seemingly out of nowhere
• Stop longer at traffic indicators, such as stoplights or stop signs
• Weave in and out of traffic
• Drift within their lane or across lanes
• Suddenly stop or brake while driving for no apparent reason

If you notice this behavior on the road, what should you do? First, it is important to assume that the other driver isn’t aware of your vehicle; even if they do know you’re on the road, they clearly are not processing your presence in their immediate conscious mind, so it is important to give them a wide berth. You can achieve this by either moving over, carefully attempting to pass them, or slowing down to ensure you’re safely behind them. If you feel you and others sharing the roadway are in real and imminent danger, pull over to the side of the road and call 911. Remember there’s no need to be a vigilante—the police can take care of the situation and you’re much more likely to put yourself in danger if you attempt to stop the distracted driver personally.