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At Fiore Legal, we stand out for our vast experience, strong track record, and personalized approach. From your first interaction with us, we provide unwavering support and remain accessible every step of the way, offering the confidence and peace of mind you need. Reach out today to schedule your free case consultation with a distracted driving accident lawyer in Fresno.

What Is Distracted Driving?

Distracted driving happens when a driver's focus shifts away from the road due to activities like texting, phone calls, eating, or adjusting in-car controls. These behaviors significantly increase the risk of accidents, endangering everyone on the road.

The National Highway Traffic Safety Administration (NHTSA) identifies distracted driving as a leading cause of vehicle crashes in the U.S., responsible for thousands of fatalities annually. Common types of distracted driving include:

  • Texting while driving: A particularly hazardous distraction that engages visual, manual, and mental focus.
  • Phone conversations: Even hands-free calls can impair a driver's attention.
  • Adjusting controls: Changing radio stations, navigation settings, or climate controls can pull focus from the road.
  • Eating or drinking: Managing food or beverages often requires taking your hands off the wheel.
  • Passenger interactions: Engaging with others in the vehicle can lead to dangerous lapses in concentration.

What Are California’s Distracted Driving Laws?

Handheld Wireless Telephone Use (CVC §23123)

Drivers are not allowed to use handheld wireless phones while driving unless the device is set up for hands-free use and is operated in that mode.

Electronic Wireless Communications Device Use (CVC §23123.5)

This regulation bans drivers from holding or operating electronic wireless devices like smartphones while behind the wheel. The device must be mounted on the dashboard, windshield, or center console and can only be operated with a single tap or swipe.

Underage Mobile Device Use (CVC §23124)

Drivers under 18 are prohibited from using wireless phones or electronic communication devices, even with hands-free configurations. This rule is designed to reduce distractions for young, inexperienced drivers.

School Bus and Transit Vehicle Drivers (CVC §23125)

School bus and transit drivers are restricted from using wireless phones while driving, except for job-related communication or emergencies.

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What Are the Penalties for Distracted Driving Accidents in Fresno?

Distracted driving poses a significant danger and carries the following legal consequences in California:

  • Fines: Base fines are imposed for violating distracted driving laws.
  • Points on your record: Repeat offenses or severe violations may result in points on your driving record, potentially leading to a license suspension under the state’s Negligent Operator Treatment System (NOTS).
  • Higher insurance rates: Distracted driving violations can cause insurance premiums to increase.
  • Civil liability: Drivers responsible for accidents caused by distraction may be held liable for damages in civil court.

If distracted driving leads to serious injuries or fatalities, drivers may also face criminal charges such as:

  • Reckless driving: A misdemeanor with penalties including fines, potential jail time, and suspension of the driver’s license.
  • Vehicular manslaughter: A felony charge in fatal cases, carrying the possibility of lengthy prison sentences.
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Who Is Responsible for a Distracted Driving Accident?

Liability in a distracted driving accident is determined by identifying the parties whose negligent actions led to the crash. Here are the key individuals or entities that may be held accountable:

The Distracted Driver

The driver engaging in distracting activities is often the primary responsible party. Examples of such negligent behaviors include:

  • Texting or using a smartphone while driving
  • Eating, grooming, or performing tasks that take their hands off the wheel
  • Paying attention to passengers or pets rather than focusing on the road

Drivers have a duty to follow traffic regulations and operate vehicles safely. If their distraction caused the collision, they could be liable for damages.


Employers of Distracted Drivers

When distracted drivers perform job-related duties, their employer may also be held responsible under vicarious liability laws. For instance:

  • A delivery driver texting while on the job
  • A company requiring employees to respond to calls or messages while driving

Employers who fail to enforce strict anti-distracted driving policies or encourage unsafe practices may share liability for the accident.


Third Parties

External individuals or factors may sometimes contribute to distracted driving incidents. Examples include:

  • A pedestrian or cyclist acting recklessly and distracting the driver
  • A passenger causing a distraction by arguing or demanding the driver’s attention

What Types of Compensation Are Available After a Distracted Driving Accident in Fresno?

In California, victims of distracted driving accidents may seek compensation for various damages, which are typically categorized as follows:

Economic Damages

These are financial losses that can be quantified, including:

  • Medical costs, such as hospital stays, surgeries, medications, physical therapy, and ongoing treatment
  • Lost wages for time missed from work during recovery
  • Reduced earning capacity if injuries lead to long-term or permanent disability
  • Vehicle repair or replacement costs and reimbursement for damaged personal property
  • Additional expenses, such as transportation to medical appointments or hiring household help during recovery

Non-Economic Damages

These address the non-financial impacts of the accident, including:

  • Pain and suffering caused by physical injuries and emotional distress
  • Psychological impacts like anxiety, depression, PTSD, or other emotional struggles
  • Loss of enjoyment of life due to an inability to engage in favorite activities or hobbies
  • Loss of consortium, compensating for the negative effects on relationships with a spouse or family members

Punitive Damages

In cases involving extreme recklessness or intentional misconduct, courts may award punitive damages to penalize the at-fault driver and discourage similar actions in the future.

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What Influences the Amount of Compensation?

Several factors determine the compensation you may be eligible to receive, including:

  • The seriousness of your injuries and the required medical treatment
  • The level of property damage incurred in the accident
  • Clear evidence of the other driver’s negligence, such as phone usage or texting while driving
  • How the accident has affected your ability to work or enjoy daily activities
  • Whether you share any responsibility for the accident (California follows comparative fault rules, which can reduce compensation based on your degree of fault)
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Some firms try for quick settlements. We get every dollar you deserve.

Why Choose Fiore Legal for Your Distracted Driving Accident Case in Fresno?

Selecting the right distracted driving accident attorney in Fresno is critical. Here’s what makes Fiore Legal stand out:

  • Extensive Experience: Over 50 years of combined expertise in personal injury law.
  • Proven Success: Secured more than $250 million in settlements and verdicts.
  • Skilled Trial Lawyers: Unlike many firms, we are fully prepared to take your case to court if needed.
  • Client-Focused Care: Dedicated to accessibility, personalized attention, and protecting your best interests.

Our process includes:

  • Detailed Case Investigation: Collecting critical evidence, such as phone records, police reports, and witness statements, to strengthen your case.
  • Strategic Negotiation: Pursuing the maximum compensation you deserve through settlements or trials.
  • Continuous Support: Keeping you informed and addressing your concerns throughout the process.

Fiore Legal operates on a contingency fee basis, meaning you owe nothing unless we secure compensation for you. During your free consultation, we’ll review your case, answer your questions, and outline a personalized strategy to maximize your recovery. With eight offices, a team of over 30 professionals, and recognition by Super Lawyers as one of the top 1% of personal injury firms in the nation, Fiore Legal is a trusted choice for personal injury and wrongful death cases in California and Washington.

Contact Fiore Legal today to schedule your complimentary consultation, and let us help you confidently move forward.

Distracted Driving Accident Lawyer FAQ

What steps should I take right after a distracted driving accident?

How can I demonstrate the other driver was distracted?

Will insurance cover all my damages from the accident?

Can a passenger sue the distracted driver they were riding with?

What is the significance of a police report in a distracted driving case?

How long do I have to file a lawsuit for a distracted driving accident in California?

What if I notice injuries sometime after the accident?

What steps should I take right after a distracted driving accident?

  • Ensure the safety of everyone involved and call emergency services
  • Document the scene by taking photos, gathering witness contact information, and collecting details from the other driver
  • Refrain from admitting fault and consult with an attorney as soon as possible

How can I demonstrate the other driver was distracted?

Distraction can be proven through:

  • Phone records showing usage at the time of the accident
  • Statements from witnesses
  • Footage from traffic cameras
  • Police reports documenting signs of distraction, such as cell phone use

Will insurance cover all my damages from the accident?

While insurance may cover some damages, it often doesn’t account for the full extent of your losses. An attorney at Fiore Legal can negotiate with the insurance company or file a lawsuit to recover both economic and non-economic damages.

Can a passenger sue the distracted driver they were riding with?

Yes, passengers injured due to the driver’s distraction can file a claim to seek compensation for their injuries and related damages.

What is the significance of a police report in a distracted driving case?

A police report can serve as critical evidence by including observations of distracted behavior, issued citations, and witness accounts, all of which can strengthen your case.

How long do I have to file a lawsuit for a distracted driving accident in California?

California’s statute of limitations for personal injury claims is two years from the accident date. Acting quickly ensures you don’t miss this deadline.

What if I notice injuries sometime after the accident?

If injuries surface later, you can still seek compensation, provided the statute of limitations hasn’t expired. Consulting an attorney promptly is essential to address these claims effectively.

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