Español
Locations
(760) 979-0900

Count on Fiore Legal for Dependable Advocacy

Fiore Legal distinguishes itself through extensive knowledge, a history of success, and a client-focused approach. From the initial contact to the resolution of your case, we prioritize support and accessibility, ensuring you feel confident and cared for throughout the process. Contact us now to arrange a complimentary case evaluation in Inland Empire.

What Is Distracted Driving?

Distracted driving is any activity that diverts a driver’s attention from operating their vehicle, such as texting, talking on the phone, eating, or adjusting to in-car devices. These distractions significantly increase the chances of accidents and seriously threaten road safety.

According to the National Highway Traffic Safety Administration (NHTSA), distracted driving remains a leading contributor to motor vehicle accidents in the United States, resulting in thousands of deaths every year.

Examples of distracted driving include:

  • Texting behind the wheel: This demands visual, physical, and cognitive focus, making it one of the most dangerous distractions.
  • Talking on the phone: Even hands-free devices can lower a driver’s level of attention.
  • Adjusting settings: Modifying GPS, radio, or climate controls diverts attention from driving.
  • Handling food or drinks: Eating or drinking while driving removes hands from the steering wheel.
  • Passenger distractions: Interactions with others in the car can interfere with a driver’s concentration.

California Distracted Driving Laws

Handheld Wireless Telephone Use (CVC §23123)

Operating a motor vehicle while using a handheld wireless phone is prohibited unless the device is configured for hands-free use and utilized accordingly.

Electronic Wireless Communications Device Use (CVC §23123.5)

Drivers are forbidden from holding or operating electronic devices like smartphones while driving. These devices must be securely mounted on the windshield, dashboard, or center console and operated solely with a single tap or swipe.

Underage Mobile Device Use (CVC §23124)

Drivers under 18 are barred from using wireless phones or electronic devices while driving, regardless of whether the device is hands-free. This measure aims to limit distractions among novice drivers.

School Bus and Transit Vehicle Drivers (CVC §23125)

School bus and transit drivers may not use wireless phones while driving unless necessary for work-related tasks or in an emergency.

Background media

What Are the Penalties for Distracted Driving in California?

In California, distracted driving is a serious safety risk and can result in both legal and financial repercussions, including:

  • Fines for violations: Drivers face base fines for distracted driving infractions.
  • Driving record points: Repeat or more severe violations may add points to your driving record, potentially triggering a license suspension under the Negligent Operator Treatment System (NOTS).
  • Increased insurance costs: Distracted driving violations often lead to higher insurance premiums.
  • Civil accountability: Drivers who cause accidents due to distraction may be held financially responsible for damages.

When distracted driving results in major injuries or fatalities, drivers may also face criminal prosecution, such as:

  • Reckless driving charges: A misdemeanor punishable by fines, jail time, and license suspension.
  • Vehicular manslaughter charges: A felony in cases involving fatalities, which can lead to significant prison terms.
Logo media

Some firms try for quick settlements. We get every dollar you deserve.

Book Your Consultation Now

Who Can Be Held Accountable for a Distracted Driving Crash?

Determining responsibility in a distracted driving crash involves identifying the parties whose actions contributed to the incident. Common liable parties include:

Distracted Drivers

The driver engaging in distractions is typically the most evident party at fault. Examples of such actions include:

  • Using a mobile device to text or make calls while driving
  • Eating, grooming, or multitasking in ways that divert attention
  • Focusing on passengers or pets instead of maintaining road awareness

Drivers are legally required to obey traffic laws and drive responsibly. If their distraction led to the accident, they could be held responsible for damages.

Employers of Distracted Drivers

  • If a distracted driver was performing work-related tasks, their employer might also bear responsibility under vicarious liability. Examples include:
  • A delivery driver texting while making deliveries
    An employer encouraging employees to take calls or send messages while driving
  • Employers may share liability if they fail to enforce safety protocols or promote behaviors that lead to distracted driving incidents.

Third-Party Contributors

In some situations, external parties may also play a role in distracted driving. Examples include:

  • A pedestrian or cyclist behaving unpredictably and distracting the driver
  • A passenger engaging in disruptive behavior, such as arguing or forcing the driver’s attention away from the road

What Compensation Could You Recover After a Distracted Driving Crash in Inland Empire?

In California, those injured in distracted driving accidents may be entitled to different types of compensation, generally divided into these categories:

Economic damages include tangible financial losses directly related to the accident, such as:

  • Medical expenses for treatments, surgeries, rehabilitation, medications, and ongoing care
  • Lost income for the time you were unable to work during recovery
  • Loss of future earning potential due to lasting or permanent injuries
  • Costs to repair or replace damaged property, including your vehicle
  • Additional expenses, like travel to medical appointments or hiring temporary help with household responsibilities

Non-economic damages cover the intangible consequences of the accident, including:

  • Physical pain and emotional trauma resulting from the injuries
  • Psychological effects such as anxiety, depression, or post-traumatic stress disorder (PTSD)
  • Loss of enjoyment in life, affecting your ability to engage in activities you once loved
  • Loss of consortium, which compensates for the impact on your relationship with a spouse or family

In exceptional cases involving egregious negligence or intentional actions, punitive damages may be awarded to punish the responsible party and deter similar behavior.

Banner media

Compensation Determining Factors

The amount of compensation you can recover depends on various factors, such as:

  • The severity of your physical injuries and the cost of medical care
  • The extent of damage to your vehicle or other personal property
  • Proof of negligence by the at-fault driver, including evidence of distracted driving, like texting or phone use
  • The effect of the accident on your ability to work or engage in activities you once enjoyed
  • Your level of fault in the incident (California’s comparative fault system may reduce your compensation proportionally to your share of responsibility)

Why Trust Fiore Legal for Your Inland Empire Distracted Driving Accident Case?

Having the right distracted driving accident lawyer in Inland Empire can make all the difference when facing the aftermath. Here’s why Fiore Legal is a top choice:

  • Decades of Experience: A team with over 50 years of combined personal injury expertise.
  • Proven Track Record: Recovered over $250 million in verdicts and settlements.
  • Trial-Ready Representation: Unlike many firms, we have the resources and skills to litigate your case in court if needed.
  • Client-Centered Approach: Accessible, personalized service focusing on your needs and best interests.

We offer the following:

  • Comprehensive Case Building: We gather key evidence, including police reports, witness testimonies, and phone records, to support your case.
  • Effective Advocacy: We negotiate for maximum compensation, whether through settlement or trial.
  • Support Every Step: We prioritize communication, ensuring you’re informed and confident throughout the legal process.

At Fiore Legal, we work on a contingency basis—you pay nothing unless we win your case. Your free consultation includes a detailed discussion of your situation, clear answers to your questions, and a customized plan to achieve the compensation you deserve. Recognized by Super Lawyers and ranked among the top 1% of personal injury firms in the U.S., Fiore Legal has a strong presence with eight locations and over 30 team members serving California and Washington.

Let Fiore Legal help you take the next steps with confidence, knowing your case is handled by experienced and compassionate professionals. Contact us today to book your free consultation.

Banner media

Distracted Driving Accident Lawyer FAQ

What should I do right after being involved in a distracted driving accident?

How can I establish that the other driver was distracted?

Does insurance fully cover damages from a distracted driving accident?

Can a passenger injured in an accident sue the distracted driver?

How does a police report contribute to a distracted driving claim?

What is the time limit for filing a lawsuit after a distracted driving accident in California?

What if injuries from the accident show up later?

What should I do right after being involved in a distracted driving accident?

  • Prioritize safety and call emergency services immediately
  • Collect evidence at the scene, including photographs, witness information, and the other driver’s details
  • Avoid making statements that could be seen as admitting fault, and contact a Fiore lawyer promptly

How can I establish that the other driver was distracted?

Proving distraction may require:

  • Accessing phone records
  • Testimonies from witnesses
  • Reviewing traffic camera footage
  • Utilizing police reports that document signs of distraction, such as mobile phone usage

Does insurance fully cover damages from a distracted driving accident?

Insurance typically provides partial compensation but may not fully cover your losses. An attorney can help negotiate a fair settlement or take legal action to recover both economic and non-economic damages.

Can a passenger injured in an accident sue the distracted driver?

Absolutely. Passengers have the legal right to pursue compensation from the driver if their injuries resulted from the driver’s distraction.

How does a police report contribute to a distracted driving claim?

Police reports are valuable for noting evidence such as distracted behavior, issued citations, or witness statements, which can help establish fault in your case.

What is the time limit for filing a lawsuit after a distracted driving accident in California?

The statute of limitations for personal injury claims in California is two years. Filing within this period is critical to preserve your legal rights.

What if injuries from the accident show up later?

If you discover injuries after the incident, you may still file a claim as long as the statute of limitations remains active. Consulting an attorney promptly will help ensure you receive proper guidance and support.

Logo media

Experts in Injury Law Protect Your survival. future. family.

Contact Us
Accessibility: If you are vision-impaired or have some other impairment covered by the Americans with Disabilities Act or a similar law, and you wish to discuss potential accommodations related to using this website, please contact our Accessibility Manager at (760) 979-0900.
Contact Us