San Francisco traffic is ranked among some of the worst in the country. When drivers turn to distractions such as cell phones to pass the time in congested traffic or while on daily commutes, serious distracted driving car accidents can take place.
Healing and recovering from a distracted driving accident can feel overwhelming – especially when you start dealing with insurance companies and their claims adjusters. The best way to protect yourself is by hiring a distracted driving accident attorney in San Francisco.
The San Francisco car accident attorneys at Jacoby & Meyers can help if you were injured by a distracted or inattentive driver in the Mission District, the Tenderloin, on Van Ness Avenue, Market Street or elsewhere in San Francisco. Contact us for a free consultation about your individual case with a local San Francisco distracted driving accident attorney.
What Is Distracted Driving?
Distracted driving means that a driver is dividing his or her attention between the task of driving and something else, such as eating or using a cell phone. It is an incredibly dangerous practice that dramatically increases the odds of a car accident. A driver taking his or her attention away from the road for even a moment can be disastrous.
Distracted Driving Statistics
Driver distraction is one of the leading causes of serious and fatal traffic accidents in the United States. According to the National Highway Traffic Safety Administration (NHTSA), at least 3,275 people died in accidents in 2023 due to distracted driving.
Data from the California Office of Traffic Safety (OTS) shows that 148 people in California were confirmed to have died in accidents caused by driver distractions in 2022. Mobile devices are the number one cause of distracted driving collisions in the state.
The NHTSA states that looking down at a cell phone for just five seconds while driving 55 miles per hour is the same as driving the length of a football field while blindfolded. An OTS Public Opinion Survey found that 71.4 percent of Californians identified texting and driving as their top traffic safety concern.
What Are the Most Common Types of Distracted Driving?
There are three types of distracted driving: visual, manual and cognitive. Visual distractions take a driver’s eyes off the road, manual distractions take one or both of the driver’s hands from the wheel, and cognitive distractions make a driver’s mind wander away from the driving task.
Common driver distractions include:
- Cell phone or mobile device use
- Texting while driving
- Eating and drinking
- Smoking
- Reading materials
- Maps or GPS
- Radio or vehicle controls
- Makeup or personal grooming
- Vehicle passengers
- Children or pets
- Car accidents (rubbernecking)
- Daydreaming
- Road rage
Cell phone use is the most dangerous form of driver distraction, as it fulfills all three types of distraction simultaneously. However, anything that diverts the driver’s attention from the road can compromise the driver’s ability to safely and properly control a vehicle.
Is Distracted Driving a Crime in California?
While there are no specific laws against distracted driving in California, there are cell phone restrictions and reckless driving laws. In California, it is illegal for drivers to hold cell phones while driving, even when stopped. Drivers under 18 may also not use hands-free technology to use their phones.
Under California Vehicle Code § 23103, reckless driving is a criminal misdemeanor. If something distracts a driver enough to operate the vehicle in a “willful or wanton disregard for the safety of persons or property,” the driver is guilty of reckless driving. This can come with penalties, including fines and jail time.
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Who Pays for a Distracted Driving Crash in San Francisco?
San Francisco’s car accident laws allow injured crash victims to pursue claims against the driver guilty of distraction or inattention. California’s fault-based insurance law dictates that the person or party at fault for a collision must pay. This means you can hold a distracted driver liable, or financially responsible, for your car accident as long as you can prove fault.
How to Prove Driver Inattention or Distraction
Proving that another driver was not paying enough attention to the road may take evidence such as cell phone records. These records can show a driver’s digital activity in the seconds leading up to the crash, such as sending text messages, watching videos or posting on social media.
Other pertinent evidence may include eyewitness statements, photos of the crash scene, pictures of food or other distractions in the other driver’s car, video footage of the accident, in-cab camera footage, medical records, and expert testimony. A distracted driving accident attorney in San Francisco can help you gather evidence to prove distraction and establish fault in your case.
Types of Compensation Available in a Distracted Driving Accident Case
Holding another driver liable for your distracted driving accident in San Francisco could result in important financial compensation that helps you move forward with more peace of mind. You may have access to the following damages from one or more insurance providers:
- Present and future medical bills
- Lost wages and capacity to earn
- Permanent disability or disfigurement
- Property damage
- Loss of enjoyment of life
- Pain and suffering (including emotional injuries)
- Punitive damages, in some cases
At Jacoby & Meyers, our first goal is to help clients recover from their injuries by assisting in finding top doctors for their care and ongoing treatments. Then, one of our San Francisco distracted driving accident attorneys will take care of the legal legwork of your case to maximize your financial recovery.
How Can a Lawyer Help You With a Distracted Driving Accident Case in San Francisco?
With a talented car accident attorney representing you during your distracted driving accident case, you can strengthen your odds of success without adding any stress. Your attorney will go up against insurance claims adjusters for you, who may otherwise try to minimize your payout for serious injuries.
Your San Francisco distracted driving accident lawyer will accurately calculate your damages and file a lawsuit, if needed, to pursue full compensation. From hiring medical experts and navigating California’s cell phone laws to collecting evidence that proves driver distraction, your lawyer will take care of everything while you focus on healing.
Contact Our San Francisco Distracted Driving Accident Attorneys Today
At Jacoby & Meyers, we believe everyone deserves justice – especially those who have been injured because of a distracted, texting, careless or inattentive driver. If you’ve been hurt in a car accident and suspect distracted driving from the other party, contact us to find out how our San Francisco personal injury lawyers can help. We will be here for you during this difficult time.