What You Should Know After Being Injured by a Distracted Driver

Using cell phones while operating a motor vehicle is a growing problem in the United States. It’s also a deadly one. CDC statistics reveal that over 2,800 people die and over 400,000 are injured in car accidents due to a distracted driver. Additionally, statistics from the National Highway Traffic Safety Administration (NHTSA) reveal that cell phone use is one of the most common causes of distracted driving crashes and fatalities, killing innocent people including 605 passengers, 400 pedestrians, 77 bicyclists, and countless drivers who were not using a cell phone. In California alone, 57.9% of California drivers surveyed by Go Safely California reported being hit or nearly hit by a driver who was talking on a cell phone.

Attorney at Law Mark knows this to be true. We handle distracted driving accidents in California, including crashes resulting in disability, permanent injury, or wrongful death. We know how devastating these accidents can be, not only for the victim but for the entire family. If you or a loved one has been seriously injured in California, learn how we can help you protect your rights during a FREE consultation by calling (866) 721-5808.

The Growing Problem of Cell Phone Use While Driving

Distracted driving was a serious problem before the prolific rise of smartphones. But now that smartphones are becoming more affordable, especially for teenagers, distracted driving caused by cell phones is increasing every year. Most states have taken steps to combat this. 

According to a study of state laws by the National Conference of State Legislatures (NCSL):

• Twenty-five states, Washington D.C., Puerto Rico, Guam, and the U.S. Virgin Islands prohibit drivers from manually using a hand-held wireless phone while driving or operating a motor vehicle.
• No state explicitly bans all cell phone use (i.e., hands-free devices may be used).
• Thirty-six states and Washington D.C. completely prohibit cell phone use by novice, teen, or young drivers.
• Eighteen states and Washington D.C. prohibit any cell phone use by school bus drivers.
• Forty-eight states, Washington D.C., Puerto Rico, Guam, and the U.S. Virgin Islands prohibit all texting by all drivers at all times (some have emergency exceptions).

In California, the NCSL states the following cell phone prohibitions exist under state laws, codes, or rules:

• All school bus drivers are completely prohibited from using cell phones.
• All teenage drivers under 18 are completely prohibited from using cell phones.
• All transit bus drivers or passenger bus drivers are completely prohibited from using cell phones.
• All drivers are prohibited from manually holding a cell phone.
• All drivers are prohibited from texting while driving.

California Law Prohibits Cell Phone Use While Driving Specifically, California Vehicle Code section 23123.5(a) states that “[n]o person shall drive a motor vehicle while holding and operating a wireless telephone with the hand or a wireless electronic communication device unless the wireless telephone or wireless electronic communication device is specifically designed and configured to allow hands-free operation and is used in that manner while driving.”

Aside from law enforcement officers on duty, the only exception is when a driver uses a single swipe or tap to activate a hands-free feature.

How to Prove a Cell Phone Accident Case in California A person injured in a cell phone accident can file a personal injury lawsuit and becomes the “plaintiff.” The person or company being sued is called the “defendant.” To succeed, a plaintiff must prove their case by meeting what is known as the “burden of proof” or “burden of persuasion.” This is the level of confidence or belief that a plaintiff must have to establish a claim.

The most well-known burden of proof is the “beyond a reasonable doubt” standard which requires a 98-99% level of conviction by a fact-finder (a judge or jury). However, in a personal injury action, a person only needs to prove a case by a “preponderance of the evidence” which simply states that it is “more likely than not” that the plaintiff has proven their claim. This means proving that the plaintiff is right 51% or more of the time.

Ways to Prove a Cell Phone Accident Case in California Generally, there are two ways to prove a cell phone accident case in California. Both are known as “causes of action” or a type of legally recognized claim that can be brought in a lawsuit.

• Common Law Negligence Under common law, or law made by judges, all drivers of motor vehicles owe a duty of reasonable care in the use and operation of their motor vehicle. This includes acting in a manner that avoids causing unnecessary harm to potential victims. Consequently, people in California who use a cell phone while operating a motor vehicle and then cause an accident are likely to be considered negligent or at least partially negligent.
   
• Negligence Per Se When a defendant violates a California Vehicle Code or statutory law and causes a motor vehicle accident resulting in personal injury, the violation of that statute can automatically establish liability against the defendant. For example, if a defendant uses a cell phone in a manner that violates California Vehicle Code section 23123.5 and injures a plaintiff in a motor vehicle accident, a cause of action for negligence per se is likely to be established. This means a defendant would be liable for damages to the victim.

Seek Help from Attorney at Law Mark If you or a loved one has been seriously injured in a motor vehicle accident because a defendant was using a cell phone, ask our experienced Los Angeles car accident attorneys how we can help you recover compensation for your pain and suffering, lost wages, medical bills, loss of consortium, and other accident-related damages. We offer FREE consultations by calling (866) 721-5808 or you may use our easy-to-use contact form by clicking the link here. Protect your rights by hiring our accident and personal injury law firm for help today.