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Our extensive expertise, proven track record, and deeply personalized approach at Fiore Legal set us apart. From the moment you contact us, we ensure continuous support and accessibility throughout your legal journey, delivering the peace of mind you deserve. Contact us today to book your complimentary case evaluation with a distracted driving accident lawyer in Pasadena.

What Is Distracted Driving?

Distracted driving occurs when a driver’s attention is diverted from the road due to activities such as texting, talking on the phone, eating, or adjusting the radio. These distractions significantly increase the likelihood of accidents, putting everyone on the road at risk.

According to the National Highway Traffic Safety Administration (NHTSA), distracted driving is one of the leading causes of motor vehicle accidents in the United States, claiming thousands of lives each year.

Distracted driving can take many forms, including:

  • Texting and driving, which is one of the most dangerous forms of distraction, requires visual, manual, and cognitive attention
  • Talking on the phone, as even hands-free conversations can reduce a driver’s focus
  • Changing the radio, GPS, or climate settings which diverts attention from the road
  • Managing food or beverages while driving takes a driver’s hands off the wheel
  • Passenger distractions

California Distracted Driving Laws

Handheld Wireless Telephone Use (CVC §23123)

Drivers are prohibited from using a handheld wireless telephone while operating a motor vehicle unless the device is configured for hands-free listening and talking and is used in that manner.

Electronic Wireless Communications Device Use (CVC §23123.5)

This section prohibits drivers from holding and operating an electronic wireless communications device, such as a smartphone, while driving. The device must be mounted on the vehicle's windshield, dashboard, or center console and can only be operated using a single swipe or tap.

Underage Mobile Device Use (CVC §23124)

Drivers under 18 are prohibited from using a wireless telephone or electronic wireless communications device while driving, even if it is hands-free. This aims to minimize distractions for novice drivers.

School Bus and Transit Vehicle Drivers (CVC §23125)

School bus and transit vehicle drivers are prohibited from using a wireless telephone while driving, except for work-related or emergency purposes.

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What Are the Penalties for Distracted Driving Accidents? 

Distracted driving in California is dangerous and subject to legal penalties. For example:

  • Base fines for violating distracted driving laws
  • For repeat offenders or more serious violations, points may be added to your driving record, leading to potential license suspension under California’s Negligent Operator Treatment System (NOTS)
  • Increased insurance premiums
  • If distracted driving results in an accident, the at-fault driver can face civil liability for damages

In cases where distracted driving causes severe injuries or fatalities, drivers may face criminal charges, including:  

  • Reckless Driving: A misdemeanor charge punishable by fines, jail time, and license suspension. 
  • Vehicular Manslaughter: In cases of fatal accidents, this can result in felony charges with significant prison sentences.
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Who Can Be Held Liable in a Distracted Driving Accident in Pasadena?

Determining liability in a distracted driving accident often involves identifying the parties whose negligence contributed to the collision. Below are the primary individuals or entities that can be held liable:

The Distracted Driver

The driver engaging in distracted behavior is typically the most apparent liable party. Examples of negligent actions include:

  • Texting or using a mobile device while driving
  • Eating, grooming, or other activities that take their hands off the wheel
  • Turning their attention to passengers or pets instead of the road

Drivers are expected to follow traffic laws and operate their vehicles responsibly. If their distraction caused the accident, they could be held accountable for the resulting damages.

Employers of Distracted Drivers

If the distracted driver was operating a vehicle as part of their job, their employer might share liability under vicarious liability laws. For example:

  • A delivery driver texting while on duty
  • A company requiring employees to respond to work-related calls or messages while driving

Employers may be held accountable if they fail to enforce policies against distracted driving or encourage practices that contributed to the accident.

Third Parties

External factors or third parties may sometimes contribute to distracted driving. For example:

  • A pedestrian or cyclist behaving recklessly and distracting a driver
  • A passenger in the vehicle distracting the driver, such as by arguing or forcing the driver to interact with them

What Compensation Can I Get After a Distracted Driving Accident?

In California, accident victims can pursue several types of compensation, which fall into two main categories: 

Economic Damages  

These cover measurable financial losses caused by the accident, such as:  

  • Medical expenses, including hospital bills, surgery, medication, physical therapy, and ongoing care
  • Compensation for income lost due to time off work during recovery 
  • Loss of earning capacity due to long-term or permanent injuries  
  • Costs to repair or replace your vehicle and other personal property damaged in the accident  
  • Other out-of-pocket costs, such as transportation to medical appointments or hiring help for household tasks during recovery

Non-Economic Damages  

These address the intangible impacts of the accident, which don’t have a set monetary value, including:  

  • Compensation for physical pain and emotional distress caused by the accident and injuries
  • Emotional distress, including anxiety, depression, PTSD, or other psychological effects
  • Loss of enjoyment of life for the inability to participate in activities or hobbies you once enjoyed
  • Loss of consortium, which is compensation for the adverse effects the accident has had on your relationship with your spouse or family  

Punitive Damages  

The court may award punitive damages in rare cases where the at-fault driver’s actions were especially reckless or intentional. These are intended to punish the at-fault party and deter similar behavior in the future.  

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What Are Some Factors That Affect Compensation? 

The amount of compensation you can receive depends on several factors, including:  

  • The severity of your injuries  
  • The extent of property damage  
  • Evidence of the at-fault driver’s negligence, such as texting or phone use at the time of the accident  
  • The impact of the accident on your ability to work or enjoy life  
  • Whether you were partially at fault (California is a comparative fault state, so your compensation may be reduced based on your percentage of fault) 

Why Choose Fiore Legal in Pasadena?

Choosing the right distracted driving accident attorney in Pasadena makes all the difference when dealing with the aftermath. Here’s what sets Fiore Legal apart:

  • Unmatched Experience: Over 50 years of collective expertise in personal injury law.
  • Proven Results: More than $250 million in successful settlements and verdicts.
  • Real Trial Advocacy: Unlike many firms, we are fully equipped to take your case to court if necessary.
  • Personalized Care: Continuous accessibility, direct engagement, and unwavering dedication to your best interests.

Our approach includes:

  • Thorough Investigation: Gathering evidence such as phone records, witness statements, and police reports to build a strong case.
  • Expert Negotiation: Advocating for the maximum compensation you deserve, whether through settlement or trial.
  • Personalized Support: Keeping you informed and addressing your concerns every step of the way.

Fiore Legal is here to fight for you, offering a contingency fee arrangement—meaning you pay nothing unless we win your case. During your free, no-obligation consultation, we will discuss the details of your case, answer your questions, and outline a strategy to secure the compensation you deserve.

When it comes to personal injury and wrongful death cases in California and Washington, Fiore Legal is the trusted name. With eight locations, over thirty team members, and recognition by Super Lawyers as one of the top 1% of personal injury firms in the U.S., we are ready to stand by your side and deliver results.

Let us help you move forward confidently, knowing your case is in the hands of proven professionals who care deeply about your future. Call Fiore Legal today to schedule your complimentary consultation.

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Distracted Driving Accident Lawyer FAQ

What should I do immediately after a distracted driving accident?

How can I prove the other driver was distracted?

Does insurance cover all the damages from a distracted driving accident?

Can passengers sue the distracted driver they were traveling with?

What role does a police report play in a distracted driving case?

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

What if I discover injuries from the accident later?

What should I do immediately after a distracted driving accident?

  • Ensure everyone’s safety and call emergency services
  • Collect evidence, including photos, witness contact information, and the other driver’s details
  • Avoid admitting fault and consult an attorney as soon as possible

How can I prove the other driver was distracted?

Proving distraction may involve:

  • Obtaining phone records
  • Witness statements
  • Traffic camera footage
  • Police reports noting signs of distraction, like phone use

Does insurance cover all the damages from a distracted driving accident?

Insurance may cover damages, but the compensation offered often falls short. An attorney can help negotiate with insurance companies or pursue a lawsuit for full recovery of economic and non-economic losses.

Can passengers sue the distracted driver they were traveling with?

Yes. Passengers injured in an accident caused by their driver’s distraction have the right to seek compensation for their injuries and damages.

What role does a police report play in a distracted driving case?

A police report can provide crucial evidence, such as observations of distracted behavior, citations issued, or witness statements, strengthening your claim against the at-fault driver.

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

The statute of limitations for personal injury cases in California is two years from the date of the accident. Acting promptly ensures that you meet this deadline.

What if I discover injuries from the accident later?

If injuries become apparent after the accident, you may still pursue compensation if the statute of limitations hasn’t expired. Contacting an attorney at Fiore Legal immediately can help you navigate this situation.

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