Carlsbad Distracted Driving Accidents

Have you been injured in a car accident caused by a distracted driver who was texting while driving? While it may not seem like it’s necessary, speaking with an experienced distracted driving attorney when you have been injured by someone texting and driving can help solve upfront problems like obtaining a rental car, navigating the insurance claim process, and considering legal action against those responsible for the crash.

At Levinson Law Group, our Carlsbad distracted driving accident lawyer team focuses solely on motor vehicle crash cases. Firm Founder Gordon Levinson uses his experience working for the country’s largest insurers to ensure clients get a fair shake from these companies. We are seasoned car accident attorneys who combine decades of experience and a strong track record of results for the people and families that we represent.

Driver Distraction Kills: Distracted Driving Car Accident Statistics in Carlsbad, California

Distracted driving, especially texting while driving, puts everyone on the road at risk by diverting a driver’s attention from what’s going on in front and around the vehicle. Driver distraction is the cause of more than 3,100 deaths across the country every year, according to the National Highway Traffic Safety Administration.

Cell phones and other electronic devices are the most common form or distraction for drivers in California. Whether it is making a call, texting, taking a photo, sending an email or using an app, fiddling with a phone behind the wheel is a recipe for disaster that regularly results in accidents.

Some of the other most common distracted driving cases that our Carlsbad distracted driving accident lawyer team sees involve:

• Turning on/off the radio
• Eating or drinking
• Reading, writing
• Bending down to pick something up off of the floor
• Reaching for the glove compartment
• Applying makeup
• Fixing hair
• Cleaning windshield or dashboard

Studies have shown that distractions behind the wheel can cause impairments similar to those resulting from intoxication. Texting while driving slowed reaction times by 35% in one study, for example.

California’s Texting and Driving Law

California law generally bans drivers from using a cell phone behind the wheel, whether it is to make a call, text and drive, or for other activities. It covers not only car drivers, but also truckers, school bus operators, and other commercial vehicle drivers.

The law comes with some important exceptions. Drivers are permitted to use cell phones to contact emergency services.

Drivers in California are also allowed to use phones while driving if they are using hands-free or voice-operated systems (not texting while driving). Phones must be mounted in a place that doesn’t require the driver to look away from the road and doesn’t block his or her view of the road. For hands-free systems, the system must be able to be activated or deactivated with a single swipe or tap.

The hand-free or voice-operated exception does not apply to drivers under the age of 18. These drivers are only allowed to use cell phones behind the wheel to contact emergency services.

Drivers who violate the state’s distracted driving law face fines and possible points on their driver’s licenses. If they are involved in an accident, they are likely to be found legally liable for the crash.

Carlsbad Cell Phone Car Accident Attorney

There is no doubt cellphones are popular. The “in” thing to have and carry and stay in touch with friends and family. However, these same cellphones, when used while behind the wheel of a car, result in a distracted driving accident. Often the outcome of such a crash is serious injuries, and possibly death.

Texting while driving is the most dangerous activity a driver can engage in. This is because using a cellphone and texting while driving engages the users’ eyes, hands, and mind, or the visual, manual, and cognitive functions. During the day, roughly 660,000 drivers are using cell phones while driving.

Cellphones can also result in distracted driving when the user carries on a conversation with someone, checks in to social media pages or email accounts, or tries to read a map. Taking your eyes off the road for even a mere second is long enough to end up in a serious collision. One in four accidents is the result of texting and driving. Texting while driving causes a 400 percent increase in time spent with eyes off the road.

Contact our car accident lawyers in Carlsbad for a Free Consultation.

How to Prove Another Driver Was Using a Cellphone During an Accident

Proving that another driver was using a cellphone at the time of the accident is not always easy to prove. It is illegal in California to use a cellphone while driving, and any driver that was using one before an accident is not going to be willing to admit that is what they were doing.

When you retain a Carlsbad cellphone accident attorney at the Levinson Law Group, he or she can subpoena the driver’s cellphone records to reveal activity minutes before the crash. As part of the process to collect evidence relating to cellphone usage before an accident, your attorney can also file a motion to prevent any evidence from being destroyed.

Part of the process to prove another driver was on their cellphone at the time of a crash is to access and examine accident reconstruction reports, police reports, medical records, and traffic surveillance videos.

Proving the other driver was using their cellphone just before the crash, means a higher likelihood of prevailing on your claim for compensation for injuries and damages. In interviewing eyewitnesses to the collisions, your Levinson Law Group Carlsbad car accident attorney may find someone who saw the other driver on their phone and/or saw the way they acted just before the collision.

Any traffic cameras, business surveillance cameras, or home surveillance cameras may also assist the police and your attorney in determining if the other driver was talking on, or texting with a cellphone before an accident.

Common Types of Accidents Caused by Cell Phone Distracted Driver Accidents in Carlsbad, CA

Although distracted drivers can end up causing a plethora of different kinds of accidents, there are typically common some types of Carlsbad cellphone accidents, such as:

• Rear-ending the car in front of them while texting or talking on a cellphone.
• Swerving out of their lane into another, or the path of an oncoming vehicle while texting.
• T-bone accidents when a driver does not stop at a stop sign, or an intersection and drives through it, into another car.
• Sideswiping other vehicles as they drift into another driver’s lane while using a cellphone.
• Striking a pedestrian in the roadway because they were texting.
• Taking off another car’s door as it opens because they were looking at a road map on their cellphone.
• Plowing into a fixed object because they were checking into Instagram or their Facebook account.
• Underwriting a large truck because they were posting a picture on Snapchat.

Common Injuries Caused by Cell Phone-Distracted Driver Accidents in Carlsbad, California

The types of injuries sustained in a Carlsbad cellphone car accident are varied, and their severity depends on the speed of the crash, the type of accident, and other factors, such as distracted driving.

Some of the more common injuries that arise from a cellphone car accident include:

• Spinal cord injuries
• Traumatic brain injuries
• Whiplash
• Pelvic injuries
• Abdominal injuries
• Neck, head, facial injuries
• Burns
• Amputations
• Death

Multi-tasking while driving can be deadly. Do not do it. In the split second a driver takes their eyes off the road a distracted driver can cause a major collision involving serious injuries and possibly death.

Teen Drivers and Distracted Driving Are a Deadly Mix

Although drivers of all ages often get distracted behind the wheel, teenagers and new drivers pose a particular threat. That is because they are generally inexperienced and may need more time to react to traffic around them.

Distraction plays a role in nearly 60% of teen driver accidents across the country, according to the American Automobile Association. Crashes involving teens are especially common in the summer: The 100 days between Memorial Day and Labor Day typically see the most deaths in teen-driving car crashes nationwide. More than 7,000 people die in these accidents across the country each summer, a rate of seven per day.

There are a number of steps that teen drivers – and their parents – can take to cut down on the risk of accidents. That includes limiting the number of passengers to avoid distraction, staying off the road during nighttime hours (visibility is poor and intoxicated drivers more frequent) and putting down the cell phone while driving to avoid texting while driving or any other form of use.

Liability for Distracted Driving Collisions in Carlsbad, California

A distracted driver, such one who is caught texting and driving, and causes an accident is likely to be considered negligent and responsible for any injuries and vehicle damage that happens as a result.

Car accident liability is often handled by insurance companies. However, some of these companies fight tooth and nail to try to limit or even avoid payouts. The good news is that you do not need to go it alone: An experienced Carlsbad distracted driving accident lawyer at our firm can help you ensure that you get the full insurance proceeds available.

We can also help you pursue personal liability against the driver. In cases involving commercial trucks, buses, vans and other vehicles, the drivers’ employer is also likely to be legally responsible for the crash.

How We Help Carlsbad, California People and Families Injured in Car Accidents

At Levinson Law Group, we focus our legal practice specifically on representing people and families injured in motor vehicle accidents.

Our firm is committed to helping Carlsbad fight back against texting and driving, drunk, impaired and reckless drivers who cause serious and even life-changing harm on our roads.

We are tireless advocates who represent clients through the entire legal process, from investigating an accident to determine who is at fault to pursuing insurance claims and negotiating with insurers to fighting for clients in court, when needed

Put our experience, insight and track record of success to work on your side. We accept cases on a contingent fee, which means that if there is no recovery in your case you pay no fee.

Speak With a Carlsbad Distracted Driving Accident Lawyer in Carlsbad, CA

If you or a loved one have been injured in an accident caused by a distracted driver who was using their phone, texting while driving, or any other distraction, our distracted driving attorneys can help you understand your rights and options and take action to get compensation.

Our offices are conveniently located in San Diego and Carlsbad. We are pleased to represent clients throughout the area, including in Encinitas, Vista, Oceanside, San Marcos and Escondido. Contact us online or call 760-827-1700 to schedule a free consultation with a Carlsbad distracted driving accident lawyer at our firm.