Distracted Driving Car Accidents in Burbank

Responsible drivers keep their hands on the wheel and their eyes on the road while operating their vehicles. Driving while distracted risks an accident and injury to others.

Negligent drivers who cause injuries are responsible for paying compensation to the injured person. Proof a driver was distracted when the accident occurred is evidence of negligence. The skilled attorneys at our firm frequently handle injury claims for people hurt in distracted driving car accidents in Burbank. Reach out today to explore your legal options.

Understanding What Distracted Driving Is

Every driver has a duty to take reasonable care when operating their vehicle to prevent causing an injury to someone else. Reasonable care means, among other things, that a driver must keep their attention focused on the road and their surroundings.

California Vehicle Code § 23123.5 bans drivers from using any text-based communication while driving unless they can do so in hands-free mode. Drivers under 18 may not use cell phones at all while driving. When a driver in a collision gets a ticket for using their cell phone, a Burbank attorney could use the citation as evidence of negligence.

There are other dangerous forms of distraction apart from texting. Grooming, eating, smoking, and adjusting controls on the dashboard are all forms of distraction that could cause an car crash in Burbank. Talking to passengers, watching children in the back seat, and looking at something on the side of the road are also forms of distraction.

Pursuing a Claim Against a Distracted Driver

California is an at-fault state for car accident claims. That means the driver who caused the accident is responsible for paying any losses others suffered in the crash. Because the state requires owners to have insurance, the injured person typically files a claim against the at-fault driver’s insurance.

An attorney could handle the claims process and investigate the crash to compile evidence of negligence. When the driver did not get a ticket, an injured person in Burbank needs to show other proof that the driver’s distraction contributed to the collision. This evidence could come from the driver’s admissions, statements of witnesses who observed the crash, dashcam and surveillance camera video, and the driver’s cell phone records.

Most cases settle out of court, often before an injured person files a lawsuit. A negotiated settlement typically covers the injured person’s out-of-pocket costs, including future medical expenses and lost income due to the injury. A fair settlement also should include money to compensate an individual for their inconvenience, physical pain, emotional suffering, and similar losses.

Conduct After the Crash Could Impact Compensation

Keeping calm after a crash can be challenging. Sometimes, people inadvertently limit how much they can collect after an accident.

State law allows insurance companies and courts to reduce an injured person’s compensation if they were partially at fault in an accident. Avoiding behavior or statements that could indicate fault is important.

Stay at the Scene

The worst thing anyone could do after an accident is leave the scene. It is against the law, and a driver who flees could get a ticket or a criminal charge. When a driver suffers an injury, their chances of getting appropriate reimbursement are reduced if they leave the accident scene.

Keep Talk to a Minimum

Right after an accident, it is natural to ask what happened or for a driver to explain the incident from their perspective. It is best to avoid these types of questions and statements. Ask whether anyone is hurt, call the police and an ambulance if necessary, and avoid conversation with other drivers or witnesses.

Avoid Making Admissions to the Police

When the police come to a crash scene, officers ask for statements from the involved drivers. A driver should be very careful when talking to the police—it is possible to make a careless statement that an insurance company could construe as an admission of fault.

Get Medical Attention Immediately

If the emergency responders offer an ambulance ride to the hospital it is wise to accept. If injuries are not severe enough to merit an ambulance, it is still essential to get medical care as soon as possible.

Many trauma-induced injuries do not show symptoms immediately, but a prompt evaluation can screen for them and prevent aggravating the injury. In addition, a Burbank attorney can use a medical record generated soon after a distracted driving incident to prove an injured person’s losses.

Work With a Burbank Attorney to Pursue Compensation After a Distracted Driving Accident

Distracted driving is dangerous and against the law. When a distracted driving car accident in Burbank causes you to be injured, you deserve compensation.

Contact a local injury lawyer for help. The sooner you call, the quicker you could receive an appropriate settlement. Get started today.