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A distracted 23-year-old woman came crashing head-on into a 1948 Jaguar. Later on, she admitted that she was looking at her phone while driving her Opel Insignia when she drifted into an XK120 driven by Giuseppe Cerbone and co-driver Nicolo Bottini Bongrani. Thankfully, no serious injuries were reported.
The right front end of the Opel smashed into the right front end of the Jag, nearly obliterating the front half of it even though both cars sustained serious damage.
This crash left the estimated at over $100,000, the car’s value has likely taken a major hit. Being as a sharp reminder of the risks of distracted driving—especially when history is on the line.
Using hand-held phones or other gadgets while driving is not just dangerous—it’s Against The Law in California. These devices are a leading cause of accidents because they create multiple distractions that affect a driver’s ability to stay focused and in control. Specifically, they lead to three types of distractions that compromise safety:
Driving while using a hands-free device is even more dangerous. According to one study, these gadgets are so distracting that driving while using a hands-free device is as hazardous as driving drunk.
Device distraction is only a small part of the problem. Other distracting behaviors, such as eating or drinking while driving, are far more common. Generally, Car Accident Injury Lawyers California can use the ordinary negligence doctrine or the negligence per se rule to obtain compensation for victims.
In most cases, ordinary negligence is a lack of reasonable care. This duty requires motorists to drive defensively and avoid accidents if possible. Distracted drivers simply cannot meet that requirement.
Negligence per se is a violation of a safety law. If emergency responders issue a citation, such as a distracted driving citation, and that conduct substantially caused damages, the tortfeasor (negligent driver) could be responsible for those damages as a matter of law.
Important to note that after a car accident, it’s advisable not to say too much, as confusion and disorientation due to head injuries or other factors are common. Victims may not be in the best state to converse with others, as even in non-injury car crashes, head injuries can cause confusion and disorientation. So, it’s best to wait until a medical professional or legal counsel can assess the situation before giving any statements.
Most people must report accidents to their insurance companies. The telephone adjuster doesn’t need details. Simply report the accident and state that your Car Accident Injury Lawyers will provide more information later.
Limit interaction with emergency responders. Answer questions yes or no if possible. If you aren’t 100 percent sure, say you’re not sure. If the question is a “what happened” narrative question, don’t give more than a five or six-word response.
Do not interact with the other driver or the other driver’s insurance company. Explaining what happened is like grabbing a shovel and digging a hole. An apology can be construed as an admission of liability. And, highly-trained insurance company telephone adjusters subtly extract damaging information from victims who, as mentioned above, aren’t thinking clearly.
Drive carefully behind the wheel and speak carefully after an accident. Get the Comprehensive Support You Deserve. With an Experienced Personal Injury Attorney, contact the Law Offices of Eslamboly Hakim. We do not charge upfront legal fees in these matters. Get a free consultation today!
We’re here to ease your stress and guide you through every step of recovery.
Get Support NowDistracted driving occurs when a driver takes their attention off the road due to activities like texting, eating, or using a device, increasing crash risk.
Yes. Phone-related distracted driving accidents are a leading cause of crashes because they involve visual, manual, and cognitive distraction.
Yes. Distracted driving laws in California prohibit using handheld devices while driving, and violations can support a negligence claim.
The distracted driver is usually at fault. A car accident injury lawyer in California can help prove negligence and recover damages.
After a car accident, seek medical care, report the incident to your insurer, and avoid giving detailed statements until you speak with a lawyer.
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I like the fight – the fight to hold Big Insurance accountable, the fight to find justice for real people, and the fight to level the playing field for injured consumers. These are the things that motivate me on a daily basis to help my clients get through what is often a very difficult time in their lives.
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