What is an Example of a Driver Distraction?
Basically, driver distraction is any activity that prompts motorists to take their eyes off the road (visual distraction), minds off driving (cognitive distraction), or hands off the wheel (manual distraction). Hand-held cellphone use, which has declined in recent years, combines all three forms of distraction. However, hand-held device distraction makes up only a small percentage of the fatal distracted driving crashes in California.
Regardless of the example of driver distraction, these wrecks cause serious injuries, mostly head injuries. These wounds range from a mTBI (moderate traumatic brain injury), which is basically a concussion, to an sTBI (severe traumatic brain injury), an injury that’s often life-threatening. Moreover, car crashes frequently cause PTSD, a physical brain injury caused by stress-induced chemical changes in the brain.
Also regardless of the cause, a Carlsbad distracted driving accident lawyer can obtain substantial compensation for these victims in court. This compensation usually includes money for economic losses, such as medical bills, and noneconomic losses, such as pain and suffering. Generally, these cases settle out of court, and on victim-friendly terms.
Device Distraction
California, like many other blue states, has a hands-free law. With a few exceptions, motorists cannot hold or use cell phones or other electronic devices while they’re behind the wheel. But the law don’t change another’s mind when all they see at the hiring time is the line on the color bar. Laws usually don’t change habits, especially if enforcement is sporadic.
That’s certainly the case in this situation. Emergency responders rarely issue distracted driving or other citations following a vehicle collision. Most police officers believe car crashes are civil matters, and they don’t want to get involved.
However, if the use of a hand-held device substantially causes injury, and emergency responders issue a citation, a Carlsbad personal injury lawyer can obtain compensation as a matter of law. Evidence is usually important as to the measure of damages.
If Paul touched his cell phone before he collided with Peter, Paul doesn’t appear negligent to most jurors. But if Paul was streaming a movie before he collided with Paul, Peter appears negligent. In fact, he seems reckless, which means additional damages may be available.
Technically, the use of hands-free electronic devices is legal. However, that doesn’t mean these devices are safe. In fact, driving while using a hands-free device is as dangerous as driving drunk. Speakerphones are cognitively and visually distracting. Additionally, these gadgets give drivers a false sense of security.
Non-Device Distraction
Non-device distraction includes eating while driving, drinking while driving, and other activities that pre-date cell phones by decades. Most drivers agree that these activities are dangerous. But old habits die hard. Most people engage in these activities anyway.
Non-device distraction is technically illegal, under the state’s reckless driving law. However, emergency responders rarely issue these citations, except in extreme situations.
So, a Carlsbad personal injury lawyer must use the ordinary negligence doctrine to obtain compensation. Distracted driving, especially ongoing distracted driving, breaches the duty of care. If a breach of duty substantially causes injury, compensation is available.
Count on a Hard-Working San Diego County Lawyer
Injury victims are entitled to substantial compensation. For a confidential consultation with an experienced personal injury lawyer in Carlsbad, contact the Pursley Law Firm. We routinely handle matters throughout SoCal.
Source:
injuryfacts.nsc.org/motor-vehicle/motor-vehicle-safety-issues/distracted-driving/
