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Distracted Driver Accident: Advocates for Your Recovery

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Distracted driving accidents pose a significant risk on the roads of California and Arizona, leading to injuries, fatalities, and devastating consequences. Understanding the laws surrounding distracted driving is crucial for ensuring road safety and holding accountable those responsible for such accidents. At Fielding Law, we are committed to providing expert legal representation to those impacted by distracted driving accidents in California and Arizona.

Types of Distracted Driving

Distracted driving comes in various forms, each posing a significant risk to road safety. Here are some common types of distracted driving:

Visual Distraction: This occurs when a driver takes their eyes off the road to focus on something else, such as a mobile phone, GPS device, or a passenger.

Manual Distraction: Manual distraction involves taking one or both hands off the steering wheel while driving, whether to text, adjust the radio, eat, or reach for objects inside the vehicle.

Cognitive Distraction: Cognitive distraction occurs when a driver’s mind wanders away from the task of driving, often due to engaging in conversation with passengers, daydreaming, or being preoccupied with personal matters.

Electronic Device Use: The use of electronic devices, such as smartphones, tablets, or laptops, while driving is a prevalent form of distraction. Activities like texting, making phone calls, browsing social media, or using navigation apps divert the driver’s attention from the road.

Eating and Drinking: Consuming food or beverages while driving may seem harmless, but it can divert a driver’s attention and impair their ability to react quickly to changing road conditions.

Grooming: Applying makeup, grooming hair, or adjusting clothing while driving takes the driver’s focus away from the road and increases the risk of accidents.

Interacting with Passengers: Conversing with passengers, especially engaging in heated discussions or turning to look at passengers while talking, can lead to distraction and compromise driving performance.

Daydreaming: Allowing one’s mind to wander while driving, often referred to as daydreaming, can result in cognitive distraction, causing the driver to miss important cues and hazards on the road.

External Factors: External distractions, such as roadside activities, billboards, or accidents happening on the side of the road, can capture a driver’s attention and divert it from the primary task of driving safely.

Recognizing and minimizing these types of distractions is essential for promoting safe driving habits and reducing the risk of accidents on the road.

How Liability is Determined?

  • California Law: In California, distracted driving laws prohibit the use of handheld electronic devices while driving, including texting, making phone calls, and using apps.
  • Arizona Law: Arizona Hands-Off Law makes it illegal to use a stand-alone electronic device while driving unless in hands-free mode.
  • Types of Devices: Both California and Arizona laws cover various electronic devices, including cell phones, tablets, gaming devices, and music players.
  • Prohibited Actions: It is against the law in both states to engage in activities that cause distraction while driving, such as reading, writing, sending messages, scrolling through social media, watching videos, or any other use of electronic devices that requires the use of the body.

What happens after an accident?

What to Do After a Distracted Driver Accident

After being involved in an accident, it is natural to feel overwhelmed, but it is essential to remain calm and take decisive action. Here is a comprehensive guide on what to do after an accident to protect yourself and your legal rights:

  1. Ensure Safety: Prioritize safety by moving to a safe location if possible and checking on the well-being of everyone involved. If anyone requires medical attention, call for emergency assistance immediately.
  2. Contact Authorities: Notify the police or appropriate authorities about the accident and request medical assistance if needed. Obtain a copy of the police report as it will serve as valuable evidence.
  3. Gather Evidence: Document the accident scene by taking photographs from various angles. Capture images of vehicle damage, road conditions, traffic signs, and any visible injuries. Obtain contact information from witnesses.
  4. Exchange Information: Exchange contact and insurance details with other parties involved in the accident. This includes names, phone numbers, addresses, license plate numbers, and insurance policy information.
  5. Limit Communication: Refrain from admitting fault or making any statements regarding the accident to other parties involved or their insurance representatives. Avoid discussing details of the incident on social media platforms.
  6. Seek Medical Attention: Even if you don’t feel injured immediately after the accident, it’s crucial to undergo a medical evaluation. Some injuries may manifest later, and prompt medical care can prevent complications and strengthen your injury claim.
  7. Consult a Personal Injury Attorney: Contact an experienced personal injury attorney like Fielding Law at 833.88.SHARK to discuss your case. An attorney can provide invaluable guidance, assess your legal options, and represent your interests in negotiations with insurance companies or in court if necessary.
  8. Document Everything: Keep detailed records of all medical treatments, expenses, repair costs, and other accident-related documentation. This includes medical bills, receipts, correspondence with insurance companies, and any lost wages due to injuries.

By following these steps, you can protect your well-being, gather essential evidence, and strengthen your personal injury claim. Remember, seeking professional legal assistance from Fielding Law can significantly enhance your chances of obtaining fair compensation for your injuries and losses.

Pick Fielding Law to Represent You After a Distracted Driving Accident

With expertise in California and Arizona’s distracted driving laws, our team of personal injury attorneys has a proven track record of success in handling such cases. We approach each case with compassion, understanding the physical, emotional, and financial toll that distracted driving accidents can take on victims and their families. Fielding Law is dedicated to advocating for the rights of those injured in these accidents, tirelessly pursuing maximum compensation for our clients. Our legal advocacy ensures that your rights are protected under California and Arizona laws, and we navigate the complexities of legal procedures with ease, providing you with peace of mind throughout the process.

Tenacious, Caring, Award-Winning

At Fielding Law, we are dedicated to fighting for justice on behalf of those injured in distracted driving accidents in California and Arizona. Our team of experienced personal injury attorneys is committed to providing compassionate support, expert legal representation, and pursuing maximum compensation for our clients. Contact us at 833.88.SHARK for a free consultation, and let us help you navigate the legal process and seek the justice and compensation you deserve under California and Arizona laws.

Frequently Asked Questions About Distracted Driver Accidents

What constitutes distracted driving?
Distracted driving refers to any activity that diverts a person's attention away from the primary task of driving.
What are the common forms of distraction while driving?
Common forms of distraction include texting or using a smartphone, eating or drinking, talking to passengers, adjusting the radio or music player, grooming, and using navigation systems.
What are the legal consequences of causing a distracted driving accident?
The legal consequences of causing a distracted driving accident vary depending on the jurisdiction and the severity of the accident. In many states, distracted driving is considered negligence, and the at-fault driver may face fines, license suspension, increased insurance premiums, and civil liability for damages.
How can I prove that the other driver was distracted at the time of the accident?
Proving that the other driver was distracted at the time of the accident may require gathering evidence such as eyewitness testimonies, cell phone records, dashcam footage, and accident reconstruction reports. An experienced personal injury attorney can assist in investigating the accident and obtaining the necessary evidence to support your claim.

Took care of us after our accident. Went above and beyond to check in and make sure we were ok. Great personal touch and service.

Colby

I have had the pleasure of working with Mr. Fielding in the past, and I cannot recommend him and his team enough. They're true professionals from intake to close outs, and will make sure a difficult process goes as smoothly as possible. All-around great guy and one heck of an attorney.

Mia

As a fellow Arizona attorney, my interactions with Fielding Law was top notch. Both attorneys and support staff were friendly and helpful. Plus, their office in Tempe is brand new and very cool.

Allan

It was great to have Clark and his team in our corner. We were t-boned by someone that ran a red light. However, while we were being taken to the hospital, the other driver told the police that it was our fault. With things not looking good, Clark was able to get our side of the story reported to the police, deal with all the doctors and insurance people and get us a settlement. They went above and beyond what we thought was possible. Can’t imagine dealing with this nightmare without Clark and his team.

Regina

It was great to have Clark and his team in our corner. We were t-boned by someone that ran a red light. However, while we were being taken to the hospital, the other driver told the police that it was our fault. With things not looking good, Clark was able to get our side of the story reported to the police, deal with all the doctors and insurance people and get us a settlement. They went above and beyond what we thought was possible. Can’t imagine dealing with this nightmare without Clark and his team.

Regina