Distracted Driving Accident Lawyers in Los Angeles

Holding Distracted Drivers Accountable

We have all been stuck near an erratic driver on the road and watched them veer out of their lane, stop abruptly, or completely miss a traffic signal. Often, when trying to pass them to avoid danger, we discover that they are talking on the phone or looking down at a screen rather than focusing on the road.

At Greene Broillet & Wheeler, LLP, our Los Angeles attorneys work to secure justice and compensation for the innocent victims of car accidents caused by distracted drivers. Every day on roads throughout California, motorists get distracted from the task of driving and cause devastating motor vehicle accidents. This dangerous behavior puts everyone on the road at risk, including other motorists, passengers, pedestrians, cyclists and the distracted drivers themselves.

If you need to speak with a qualified attorney, call (866) 634-4525 today or contact us online.

Distracted Driving: A Dangerous Epidemic in California

According to the California Office for Traffic Safety (OTS) and California Highway Patrol:

• In 2014, 10 percent of teen drivers involved in fatal auto accidents were reportedly distracted at the time of the crash.
• In 2015, 59.6 percent of surveyed California drivers reported that they had been hit or nearly hit by a driver who was texting or talking on the phone.
• More than 2,500 people in California die each year in crashes caused by distracted drivers.

Additionally, according to the Centers for Disease Control and Prevention (CDC), distracted driving killed approximately 3,000 people in the United States in 2018 alone. While most people think that distracted driving only diverts a driver’s eyes from the road, the activity actually involves two additional forms of distraction.

What makes these accidents particularly tragic is the fact that they are completely preventable. With very few exceptions, no one needs to drive while distracted. All over the country, people have died because another motorist could not wait to send a text message or have a conversation with a passenger.

At Greene Broillet & Wheeler, LLP, we believe that rigorously representing the victims of distracted driving accidents is an important part of the solution. By holding distracted drivers accountable, we not only help clients make the fullest recovery possible – we also show Los Angeles motorists that distracted driving is not worth the financial or human cost.

Types of Distracted Driving

Distracted driving is a particularly dangerous activity because it doesn’t just take a driver’s eyes off the road. The three types of distracted driving include the following:

• Visual: A driver taking their eyes off the road
• Manual: A driver taking their hands off the wheel
• Cognitive: A driver taking their mind off the task of driving

In order to drive safely, a driver must have all three forms of attention--visual, manual, and cognitive—focused on the vehicle and the road. The diversion of just one form of attention can cause a serious accident. This is why texting while driving is so dangerous. It is a unique form of distraction that diverts all three forms of attention from the road at the same time.

Texting Is Not the Only Culprit

Most people hear “distracted driving” and immediately think of cellphones. Indeed, the widespread use of mobile devices does correlate with an uptick in accidents caused by distracted driving. However, it is important to remember that drivers have been getting distracted and causing accidents since cars were invented. Mobile phones are not the only cause of distracted driving accidents.

In addition to texting and talking on the phone, there are myriad other behaviors that can take a driver’s attention off the road, with dangerous results:

• Eating or drinking
• Grooming or applying makeup
• Adjusting the radio, GPS or other technology
• Reading maps or other materials
• Talking to passengers, particularly those in the back seat
• Reaching for items that have fallen

California’s Distracted Driving Laws

California provides strict guidance regarding device usage while driving, known as “distracted driving laws.” According to the California Office of Traffic Safety, the following distracted driving laws apply in the Golden State:

• With few exceptions, motorists may not hold a cell phone or similar electronic device in their hands while driving.
• Motorists under 18 are generally prohibited from using a cell phone while driving.

There are, however, ways that drivers over the age of 18 may use electronic devices while driving. The devices should be mounted in an approved position, such as on the dashboard or in the lower corner of the windshield, and operated via voice commands, like Siri.

Limited exceptions exist that allow drivers to use electronic devices while driving. For example, a driver of any age may use an electronic device to make an emergency call when necessary.

Why Are California’s Distracted Driving Laws So Restrictive?

California has stricter distracted driving laws than many other states in the country. According to the Global Health Security Agenda (GHSA), the following states have some of the most lax laws when it comes to distracted driving:

• Alaska: No handheld device use ban, no device use ban for school bus drivers, and no device use ban for novice drivers.
• Missouri: There is no handheld device ban, no device ban for school bus drivers, no device ban for novice drivers, and a text messaging ban only for drivers under the age of 21.
• Montana: No distracted driving restrictions whatsoever.

For several reasons, California may be more restrictive than other states regarding distracted driving. First, California is the most populous state in the country and, as such, has more motorists on the road than any other state. Second, California’s Office of Traffic Safety implemented these laws in response to research showing that distracted behaviors like dialing, talking, or texting generally increase the risk of getting into a crash. Third, distracted driving is a prevalent practice, with a substantial majority of drivers aged 18-20 admitting to texting while driving, according to the National Highway Traffic Safety Administration (NHTSA).

What California Drivers Can and Can’t Do Behind the Wheel

Laws about distracted driving change regularly, so it can often be difficult for motorists to keep track of what driving behaviors are legal.

As of the time of this writing, drivers in California may not operate any wireless electronic device with their hands. This means they may not:

• Send or read text messages, instant messages or other written communication on a phone screen
• Hold a phone while using GPS or navigation apps
• Talk on a handheld phone

However, drivers may:

• Use GPS navigation on a phone that is mounted in an approved position (on the dashboard or a lower corner of the windshield)
• Talk on a cellphone that is in hands-free mode
• Use voice-operated commands

There are legal exceptions in place for people who are driving on private property, drivers who must make emergency phone calls (i.e., in the event of an accident) and emergency personnel who must use wireless devices and navigation systems while driving.

Teens and Distracted Driving

According to a statewide survey in 2016, California drivers between 16 and 24 years old were much more likely to use handheld devices then drivers in other age groups. To anyone who knows a teenager or young adult, that fact is probably not surprising. Young people have grown up with smartphones and use them often.

Unfortunately, that puts them at a higher risk of being injured or killed in an accident involving distracted driving. If you are a parent, please consider talking to your children about distracted driving and setting an example behind the wheel.

What Are the Consequences of Distracted Driving?

Despite the dangers of distracted driving and the numerous laws prohibiting the activity, many people still engage in it. This decision can have devastating consequences for the driver who violates the law and anyone near them on the road. 

According to the NHTSA, they were distracted driving killed 3,142 people in 2019 alone. And, although not every distracted driving crash is fatal, the consequences of such an event can still be devastating and permanent -- particularly when such crashes happen while the vehicle is traveling at high speeds. 

According to the Centers for Disease Control and Prevention (CDC), reading or sending a text takes longer than you realize. For this period, the distracted driver is essentially driving blind. Driving blind may result in high-speed collisions that cause the following catastrophic injuries:

• Traumatic brain injuries
• Spinal cord injuries
• Severe burn injuries
• Injuries requiring amputation
• Broken bones, bruising, and lacerations
• Quadriplegia or paraplegia

Our firm has direct experience with the potentially devastating consequences of distracted driving. In a recent case of ours, we represented clients who were seriously injured or killed by a FedEx truck driver who was distracted behind the wheel. 

In this case, a FedEx Freight tractor-trailer crossed over the center median of I-5 and collided with a charter bus headed in the opposite direction. The crash and resulting fire killed nine and seriously injured 36 students. During our firm’s investigation, we discovered that the FedEx trucker’s cell phone had been connected to the internet before the crash. Further investigation revealed this trucker used his cell phone to make calls, text, and connect to the internet while driving nearly daily.

This tragic case is just one example of the types of crashes that happen every day in the United States when motorists choose to drive while distracted. And the numbers don’t lie; according to the CDC, approximately eight people in the U.S. are killed every day due to distracted driving.

Distracted Driving Laws for Truckers

Truckers are held to different traffic standards than motorists in various ways. This is because truckers and other commercial drivers drive much larger vehicles and often transport higher-risk loads, such as hazardous materials or passengers. One specific rule requires commercial drivers to adhere to a blood alcohol concentration (BAC) limit of half that of other motorists (0.04% as opposed to 0.08%).

Stricter regulations also come into play regarding distracted driving. The Federal Motor Carrier Safety Administration (FMCSA) has made the following behaviors related to device use illegal for truckers and other commercial drivers:

• Using at least one hand to hold a mobile phone to make a call
• Dialing a mobile phone by pressing more than a single button
• Reaching for a mobile phone in a manner that requires a driver to maneuver so that they are no longer in a seated driving position, restrained by a seat belt

The FMCSA has implemented these measures after recent studies showed that the odds of being involved in a safety-critical event are six times greater for commercial drivers who dial a phone than for those who do not.

Truckers and other commercial drivers can comply with the FMCSA’s rules by following these guidelines:

• Use an earpiece or the speakerphone function.
• Use voice-activated dialing.
• Use the hands-free feature. To comply, a driver must have their mobile telephone located where they can answer or end a call by touching a single button. Drivers are not in compliance if they unsafely reach for a mobile phone, even if they intend to use the hands-free function.

How to Build a Strong Distracted Driving Claim

You may have more questions than answers in the wake of a distracted driving crash. Who will pay for my medical bills and lost wages? How do I prove the other driver was distracted before the crash? What evidence do I need to gather? How will I take care of all this when I am recovering from serious injuries?

The answers to these questions can be answered by a personal injury firm with extensive experience in this area of the law. After seeking medical treatment for your injuries, it is in your best interest to contact a qualified firm as soon as possible. Every personal injury case has a time limit to file -- also known as the “statute of limitations” --after which it may be difficult or impossible to recover compensation for a claim.

A qualified firm can take the matter out of your hands and build your case while you focus on recovering from your injuries. At Greene Broillet & Wheeler, LLP, we have helped clients recover millions of dollars after a distracted driving crash. We know what it takes to build a strong claim, including gathering relevant evidence.

Our Los Angeles trial attorneys have held large corporations, like FedEx, accountable for distracted driving. We have the experience and resources needed to take on large corporations and their insurers, and we have what it takes to recover the compensation you need for past and future medical bills, lost wages, and more.

The Importance of Evidence in Distracted Driving Cases

As courts gradually catch up with advancing technology, more potential evidence is available to plaintiffs – and their opposition – in personal injury litigation. In recent cases in the United States and Canada, courts have relied on cellphone call records, GPS data, Snapchat “snaps” and even data from fitness trackers to settle claims about accidents and their implications. With so much more information transmitted and stored on small devices, it is essential that your lawyer knows how to identify, collect and interpret all of the available evidence.

At Greene Broillet & Wheeler, LLP, we are established leaders in this facet of personal injury law. As an established law firm with decades of experience and a long list of successful case results, we have the resources to commit to a thorough investigation of all the evidence in your case. In addition to our full-time investigator on staff, we draw on the knowledge of expert witnesses who are leaders in their fields. When necessary, we are able to demonstrate and reconstruct the circumstances of an accident to show the judge or jury exactly what happened and who is responsible.

Convenient and Accessible Legal Representation

Our attorneys represent the victims of life-altering injuries throughout Los Angeles and statewide – a responsibility we take extremely seriously. Your first consultation is free and we will only ever collect attorney fees if we secure compensation for you, which means there is no cost and no risk in learning more about your rights after an accident caused by a distracted driver. Our office features accessible parking and drop-off but, if an injury makes it difficult for you to visit, we will conduct your consultation over the phone or come to a location that is convenient for you.

To learn more and take the first step toward justice, please contact us online or call (866) 634-4525. We offer free consultations.