Distracted driving causing fatal injury is a serious driving offense in California.

California – August 21, 2021

The World Health Organization, Occupational Safety and Health Administration, National Institute for Occupational Safety and Health, and the Centers for Disease Control and Prevention have recognized distracted driving as a serious danger to pedestrians, cyclists, and roadway motorists in California. Distracted driving may be considered as severe driver negligence for parties who caused catastrophic property damage, and bodily injuries in California. A motor vehicle driver’s primary responsibility is to pay attention to the roadway and surroundings. If distracted driving can be proven by a California wrongful death attorney in a case for negligence utilizing California distracted driving laws, then penalties may be more severe.

Value of legal counsel.

An experienced accident attorney will create a viable case to represent accident victims toward a comprehensive insurance settlement that will address harmful losses, and lifelong changes associated with the crash. Insurance companies will look for reasons to deny, or reduce settlement offers and finding legal avenues may include addressing negligence with fault determinations after distracted driving has been proven to have caused the accident.

Driver distractions include phone use.

California laws prohibit drivers from texting, or using a handheld cell phone while driving, unless it is a hands-free device. The only exceptions for cell phone use are to make emergency calls to law enforcement, a medical provider, the fire department, or other emergency services agencies. A car accident attorney can explain how distracted driving from cell phone use may impact an accident case outcome. Other 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.

Car Insurance and liability.

California is considered a fault, or tort state requiring drivers to 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 must take responsibility for their willful actions, and accidents that occur during ordinary circumstances. Drivers who are found to be at fault will have to compensate the accident victims.

Damages.

California personal injury attorneys research case specifics to determine if negligence was the cause of an accident resulting in a wrongful death. A wrongful death legal action can be initiated by loved ones after a person dies because of the negligent, reckless, or deliberate act of another. Damages in these lawsuits can include:

Medical bills and burial expenses
Compensation for lost wages
Compensation for pain and suffering
Punitive damages.

Hire an attorney.

Seek counsel at Jeffrey E. Estes & Associates when distracted driving caused a wrongful death, or serious injury accident in California for guidance. 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.

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

Sources.

https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=201520160AB1785

https://www.dmv.ca.gov/portal/vehicle-registration/insurance-requirements/