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Anything that distracts you from the road while driving increases the risk of a collision with another car, a cyclist, a pedestrian, or even a stationary object. Cellphone use is one of the most common and dangerous distractions, both behind the wheel and in everyday life.
Many texting-while-driving car accidents in Thousand Oaks could be avoided if drivers simply put their phones down. Unfortunately, some continue to let distractions take priority, leading to serious and sometimes life-altering crashes. If you were injured by a distracted driver, you may be entitled to financial compensation. The experienced attorneys at Ardalan & Associates are here to help guide you through the legal process so you can focus on healing and recovery.
A distraction is anything that takes a driver’s eyes off the road, their hands off the wheel, or their focus away from what is in front of them. This could include eating, talking to other people in the car, or even glancing down to change the song on the sound system. Texting is especially dangerous because it engages all three types of distractions at once.
In an effort to reduce the number of these accidents, California passed a law that specifically prohibits texting behind the wheel. Under California Vehicle Code Section 23123.5, it is illegal to drive while using an electronic communication device, such as a cellphone. There are limited exceptions, such as using voice-operated, hands-free technology, but violations carry financial penalties.
Unfortunately, these fines do not help injured victims of a car crash in Thousand Oaks that was caused by another driver using their cell phone. Thankfully, with the help of a skilled attorney, victims may be able to file a civil claim against the other driver to recover financial compensation for their injuries.
Car accidents are usually the result of another driver’s negligence. Negligence is a legal concept that involves someone breaching their duty of care towards another person, causing them to get hurt.
In the context of motor vehicles, all drivers owe a duty of care to avoid collisions with others on the road. There are several ways a motorist can breach this duty, such as driving while intoxicated or failing to obey traffic laws. Since the state has made it illegal to text and drive, it is possible that a driver who was distracted by their phone could be found negligent and liable for causing a crash.
An injured person may be able to file a claim to recover compensation from the at-fault driver. This could include economic damages, which are the countable financial losses that result from the accident, such as hospital bills, medical treatment, lost wages, and property repair or replacement. Non-economic damages may also be available, which include the non-financial losses related to a wreck such as emotional distress, and pain and suffering.
There is no formula to accurately predict how much a person could recover after a wreck as it depends on the specific facts and circumstances of each case. However, a knowledgeable attorney could help victims of cell phone-related car accidents in Thousand Oaks understand the potential value of their claim and offer guidance on the best path forward.
Texting while driving car accidents in Thousand Oaks still occur despite laws against cell phone usage, and motorists are often left with catastrophic injuries. If you have been hurt in a crash that was caused by someone using their cell phone, talk to a lawyer at Ardalan & Associates about your case.
You may be able to recover financial compensation for your injuries. Call today to set up a meeting with a member of our team.
