Can distracted driver be considered negligence in San Diego vehicle accidents?
California – July 31, 2022
If distracted driving can be proven, there may be a case for negligence supported by California cell phone distracted driving laws. Driver distractions include eating, grooming, tending to small children, reaching for objects, tampering with automobile touchscreens, and any other task that involves a reduction of attention to the act of safe driving.
- Automobile console controls. Even though newer vehicles tout their claim of enhanced safety features, such as certain controls will not work when a car is moving, the console can be a distraction when looking up phone numbers or play lists because attention is taken away from the roadway. Minimize the interaction with car consoles as drivers can set up features before the vehicle starts to move in many cases.
- Children and other passengers. Children becoming upset or getting sick while a person is driving can be very distracting especially when there is not an optimal place to swiftly pull over safety, in addition to lively conversations with other passengers. It is important to remember that if anything happens to passengers in the vehicle, it is the responsibility of the driver when accidents occur.
- While it is common for many to take their food to go, it can be dangerous when a driver is trying to eat and keep their hands on the steering wheel and eyes on the road, not to mention eating while driving may cause medical emergencies if someone chokes for instance. Best to wait until the vehicle stops before eating and drinking in a car for safety purposes.
- Distracted and fatigued driving. Drivers may look away at a landscape, a strange activity nearby, or they may become tired and have a longer period of blinking which may be the instance where another vehicle pulls in front of them. It is always best to keep eyes on the road and not drive when a person is tired.
- Cellular device use. The use of an electronic communication device while holding it and driving is illegal in California. Hands-free devices with voice commands are allowed.
Discourage distracted driving by law.
California has had distracted driving laws that support damage claims when a driver’s use of a cell phone plays a significant role in a vehicle accident. The 2016 Assembly Bill 1785 discourages drivers from holding an electronic device while operating a vehicle. California highway patrol is diligent in their efforts to decrease injuries and fatalities caused by distracted drivers through the issuance of close to 56,000 citations in 2021 where statewide data revealed that driver distraction resulted in over 13,000 accidents.
Car Insurance and liability.
California law requires that drivers have a way to cover costs related to damages or injuries caused in a car accident. Purchasing liability car insurance is the simplest and most common way people choose to meet this requirement. California drivers are held responsible for willful acts and acts that cause an injury or wrongful death occurrence during ordinary care. This means that if a driver is responsible for any part of activities that led to injury, the compensation will be adjusted in accordance with a percentage of fault assigned to each driver.
Hire an attorney.
Seek counsel at Jeffrey E. Estes & Associates immediately after a personal injury or fatal accident ,where a driver was ignoring the California “hands-free” cell phone laws. for guidance on how to navigate insurance claims and access to necessary damage compensation. They can proceed in filing wrongful death actions (within the two-year period from the date a person died) that will enable compensation to pay bills related to funerals, emergent hospital care and negative financial impacts to family members or work with insurance companies to settle personal injury cases.
Jeffrey E. Estes & Associates, a Professional Law Corporation
501 West Broadway, Suite 1650
San Diego, CA 92101
Phone: 619-233-8021
Fax: 619-233-3730
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