Distracted driving has become one of the leading causes of car accidents in California. With smartphones, navigation systems, and other in-vehicle technology, drivers are more distracted than ever before. A single moment of inattention can result in devastating consequences, leaving victims with severe injuries, mounting medical bills, and an uncertain future. If you’ve been injured in an accident caused by a distracted driver, understanding how liability is determined and how distracted driving affects personal injury claims is essential to securing the compensation you deserve.
California has strict laws against texting and driving, yet accidents caused by distracted drivers continue to occur at an alarming rate. If you were injured because another driver was not paying attention, you have the legal right to hold them accountable for your damages.
What Qualifies as Distracted Driving?
Distracted driving goes beyond texting. It includes any activity that takes a driver’s attention away from the road, increasing the likelihood of an accident. Common forms of distracted driving include:
Texting or using a smartphone (even hands-free devices can be a distraction)
Adjusting the radio, navigation, or in-car entertainment system
Eating, drinking, or grooming while driving
Talking to passengers or attending to children in the backseat
Daydreaming or failing to focus on the road
California has strict laws against texting and driving, yet accidents caused by distracted drivers continue to occur at an alarming rate. If you were injured because another driver was not paying attention, you have the legal right to hold them accountable for your damages.
How Distracted Driving Impacts Liability in a Personal Injury Case
In any personal injury case, proving negligence is key to securing fair compensation. When a driver is distracted, they are failing to exercise reasonable care, making them legally responsible for any damages they cause. However, establishing fault and liability requires evidence.
In cases of distracted driving, evidence may include:
Cell phone records showing the driver was texting or on a call
Surveillance footage from traffic cameras or businesses near the accident site
Eyewitness testimony from passengers or bystanders
Police reports noting signs of distraction at the scene
Vehicle data records tracking driver behavior before impact
At The Arvanitis Law Group, we conduct thorough investigations to prove distracted driving was the cause of the accident, ensuring you have the strongest possible case.
How Insurance Companies Handle Distracted Driving Claims
Insurance companies are known for minimizing claims and shifting blame onto victims whenever possible. In distracted driving cases, they may argue that the injured party was partially responsible or that the accident was unavoidable. California follows a comparative negligence rule, meaning that if you are found partially at fault, your compensation may be reduced. For example, if you were 10% responsible for the accident, your settlement could be reduced by 10%. This is why having an experienced car accident attorney is critical when negotiating with insurers.
Our legal team works to protect clients from unfair blame and insurance tactics aimed at reducing payouts. We ensure that victims receive the maximum compensation for medical expenses, lost wages, pain and suffering, and long-term rehabilitation costs.
What To Do If You’ve Been Injured by a Distracted Driver
If you suspect that the driver who caused your accident was distracted, taking the right steps immediately can help strengthen your case.
Seek Medical Attention – Even if injuries seem minor, getting checked by a doctor is crucial for both your health and your claim.
Gather Evidence – If possible, take photos, obtain witness statements, and note any signs of distraction (such as a driver holding a phone).
Request a Police Report – Law enforcement may note distracted driving as a contributing factor, which can be valuable evidence.
Avoid Talking to the Insurance Company Without a Lawyer – Insurers may try to get you to settle quickly for less than your case is worth.
Consult a Personal Injury Attorney – An attorney can handle negotiations, prove liability, and ensure you receive the compensation you need to recover.
Holding Distracted Drivers Accountable
Distracted driving is preventable, yet it remains a major cause of serious car accidents. Victims should not have to pay the price for someone else’s careless actions. At The Arvanitis Law Group, we have extensive experience representing clients who have suffered injuries due to distracted drivers. Our goal is to help victims secure the financial recovery they need while holding negligent drivers accountable for their actions.
If you or a loved one has been injured in a distracted driving accident, don’t face the legal process alone. Contact The Arvanitis Law Group today for a free consultation to discuss your case and explore your legal options.