April is Distracted Driving Awareness Month – a time to focus on the dangers of this pervasive problem on our roadways.

The Growing Concern of Distracted Driving in Los Angeles

Los Angeles roads can be challenging to navigate, even under the best circumstances. With the addition of distracted drivers, these roadways become significantly more dangerous. As we observe Distracted Driving Awareness Month this April, it's important to understand what to do if you find yourself injured in a distracted driver accident.

At Bloom Injury Law, we have seen firsthand the devastating impact these accidents can have on victims and their families. Distracted driving continues to be one of the leading causes of traffic accidents in Southern California, and understanding your rights and options following such an incident is crucial.

What Constitutes Distracted Driving?

Before delving into the steps to take after a distracted driver accident, it's important to understand what constitutes distracted driving. Distracted driving occurs when a driver engages in any activity that diverts attention away from the primary task of driving. These distractions generally fall into three categories:

1. Visual distractions: Taking your eyes off the road (checking GPS, looking at passengers)
2. Manual distractions: Taking your hands off the wheel (eating, adjusting controls)
3. Cognitive distractions: Taking your mind off driving (talking on the phone, daydreaming)

The most dangerous form of distracted driving involves texting or using a smartphone while driving, as it encompasses all three types of distractions simultaneously. In California, using a handheld cell phone while driving is illegal, yet many drivers continue to engage in this dangerous behavior.

What To Do If Injured in a Distracted Driver Accident

April is Distracted Driving Awareness Month, a crucial time to understand the steps to take if you're injured by a driver who wasn't paying attention to the road.

• Prioritize your safety: Immediately move to a safe location if possible and check yourself and passengers for injuries.
• Call emergency services: Dial 911 to report the distracted driver accident and request medical assistance, even if injuries seem minor.
• Document the scene: Take photos of vehicle damage, the accident location, road conditions, and any evidence of driver distraction like cell phones.
• Gather witness information: Collect contact details from witnesses who may have observed the driver texting, eating, or engaging in other distracting behaviors.
• Seek medical attention: Visit a doctor promptly after the accident as some injuries from distracted driver accidents may not show symptoms immediately.
• Report to insurance: Notify your insurance company about the distracted driver accident but avoid discussing fault or the extent of injuries.
• Preserve evidence: Keep all medical records, repair estimates, and work absence documentation to support your distracted driver accident claim.
• Avoid social media: Refrain from posting about your accident online as insurance companies may use these posts to dispute your injuries.
• Calculate damages: Track all expenses related to the accident, including medical bills, lost wages, and property damage.
• Know the deadline: Be aware that California has a two-year statute of limitations for filing distracted driver accident lawsuits.
• Contact a distracted driver accident lawyer: Consult with Bloom Injury Law to ensure your rights are protected and to maximize your compensation.

At Bloom Injury Law, we understand the devastating impact distracted driving accidents can have on victims and their families. If you've been injured, contact us today to discuss your case and learn how we can help you navigate the recovery process.

Different Types of Distracted Driving

During Distracted Driving Awareness Month, it's important to understand that distraction behind the wheel takes many forms beyond just cell phone use.

• Visual distractions: Taking your eyes off the road to look at a GPS device, billboard, or accident scene significantly increases your risk of being involved in a distracted driver accident.
• Manual distractions: Removing your hands from the steering wheel to eat, drink, adjust radio controls, or reach for items diverts physical control needed for safe driving.
• Cognitive distractions: Mental activities like talking to passengers, daydreaming, or being preoccupied with work or personal problems can prevent full attention to driving tasks.
• Technological distractions: Using smartphones, in-vehicle entertainment systems, or navigation devices while driving remains one of the most dangerous forms of distraction.
• Emotional distractions: Driving while upset, angry, or extremely excited impairs judgment and reaction time similar to other forms of distracted driving.
• Passenger-related distractions: Interactions with children, pets, or other passengers can force drivers to divide attention between the road and cabin activities.
• Multitasking behaviors: Attempting to perform multiple tasks like eating, applying makeup, or changing clothes while driving severely compromises driving ability.
• External distractions: Focusing on events outside the vehicle, such as scenic views, street performances, or emergencies can pull attention from driving responsibilities.
• Fatigue-induced distractions: Driving while drowsy can cause momentary lapses in attention similar to other distracted driving behaviors.
• Intoxication impairments: Alcohol and drugs amplify the effects of all other forms of distraction and significantly increase accident risk.

At Bloom Injury Law, we've helped numerous victims injured by all types of distracted drivers secure the compensation they deserve. If you've been harmed in a distracted driver accident, contact us to discuss how we can help you navigate the legal process and hold the responsible party accountable.

Common Injuries in Distracted Driver Accidents

Distracted driver accidents often result in serious injuries due to the lack of evasive action or braking that typically occurs when a driver's attention is diverted from the road.

• Whiplash injuries: The sudden impact in distracted driver accidents frequently causes the head and neck to jerk violently, resulting in painful soft tissue damage that may take months to heal.
• Traumatic brain injuries: Even seemingly minor distracted driver accidents can cause concussions or more severe brain trauma when the head strikes the steering wheel, window, or airbag.
• Spinal cord damage: The force transmitted through the body during a distracted driver accident can lead to herniated discs, vertebrae fractures, or in severe cases, partial or complete paralysis.
• Broken bones: Fractures to arms, legs, ribs, and collarbones are common in distracted driver accidents, especially when the collision occurs at higher speeds.
• Internal injuries: Blunt force trauma from distracted driver accidents can cause internal bleeding or damage to organs that may not be immediately apparent but can be life-threatening.
• Facial injuries: Shattered glass, airbag deployment, or impact with the steering wheel during distracted driver accidents often results in facial lacerations, dental damage, or orbital fractures.
• Psychological trauma: Many victims of distracted driver accidents develop anxiety, depression, or PTSD related to driving or riding in vehicles following their traumatic experience.
• Knee and leg injuries: Dashboard impacts during distracted driver accidents frequently cause complex knee injuries, torn ligaments, or femur fractures that require surgical intervention.
• Chest injuries: The restraining force of seatbelts, while life-saving, can cause severe bruising, broken ribs, or even cardiac contusions during violent distracted driver accidents.
• Scarring and disfigurement: Severe lacerations from broken glass or metal in distracted driver accidents may lead to permanent scarring that requires cosmetic procedures.

At Bloom Injury Law, we understand the physical, emotional, and financial toll these injuries can take on victims and their families. If you've been injured in a distracted driver accident, contact us during Distracted Driving Awareness Month or any time of the year to discuss how we can help you pursue compensation for your medical expenses, lost income, and pain and suffering.

What To Know About Insurance Claims After a Distracted Driver Accident in California

Navigating insurance claims after being hit by a distracted driver can be complex, especially as we highlight these dangers during Distracted Driving Awareness Month.

• California's fault system: California follows a "fault" or "tort" insurance system, meaning the driver responsible for the distracted driver accident is liable for damages they cause.
• Minimum insurance requirements: California law requires drivers to carry liability insurance with minimum coverage of $15,000 for injury/death to one person, $30,000 for injury/death to multiple people, and $5,000 for property damage.
• Comparative negligence rules: California applies "pure comparative negligence," which means your percentage of fault can reduce compensation in the distracted driver accident.
• Claim filing timeline: Contact your insurance company as soon as possible after a distracted driver accident, as many policies require "prompt notification" of claims.
• Insurance investigation process: The insurer will assign an adjuster to evaluate the distracted driver accident, examine vehicle damage, review medical records, and determine fault.
• Settlement offers: Initial settlement offers from the distracted driver's insurance company are often lower than the actual value of your claim and should be reviewed carefully.
• Uninsured/underinsured coverage: If the distracted driver lacks insurance or has insufficient coverage, your own uninsured/underinsured motorist coverage can help cover your damages.
• Medical payment coverage: Your "Med Pay" coverage can help pay medical expenses regardless of fault, providing immediate assistance after a distracted driver accident.
• Property damage claims: These claims cover repairs to your vehicle and personal property damaged in the distracted driver accident.
• Bad faith practices: Insurance companies must handle claims fairly and promptly; delays, unreasonable denials, or inadequate investigation may constitute bad faith.

At Bloom Injury Law, we regularly help distracted driver accident victims navigate the insurance claims process and fight for fair compensation. Contact our distracted driver accident lawyers today if you're struggling with an insurance claim or have been offered an insufficient settlement.

California's Distracted Driving Laws

California has enacted comprehensive legislation to combat the dangers of distracted driving, especially as we recognize Distracted Driving Awareness Month this April.

• Handheld device ban: California Vehicle Code 23123 prohibits all drivers from using handheld wireless phones or electronic communication devices while operating a vehicle.
• Texting prohibition: California Vehicle Code 23123.5 specifically forbids writing, sending, or reading text-based communications while driving, including text messages, emails, and social media posts.
• Hands-free exception: Drivers 18 and older may use hands-free, voice-operated systems that are integrated into vehicles or mounted in a way that doesn't interfere with the driver's view of the road.
• Minor restrictions: Drivers under 18 cannot use any wireless communication device while driving, even with hands-free functionality, except in emergencies.
• Emergency exemptions: The laws provide exemptions for emergency service professionals using devices in the scope of their duties and for all drivers making emergency calls to law enforcement, healthcare providers, or fire departments.
• First offense penalties: A first violation of California's distracted driving laws typically results in a base fine of $20, which can increase to approximately $150-$160 with assessments.
• Subsequent violations: Second and subsequent offenses within 36 months carry a base fine of $50, which can total around $250-$260 with assessments.
• Points on license: As of July 1, 2021, violations of hands-free laws can result in a point being added to the driver's record for each offense occurring within 36 months of a prior distracted driving conviction.
• Civil liability: Beyond traffic citations, distracted drivers who cause accidents can face substantial civil liability for injuries, property damage, and other losses suffered by victims.
• Employer liability: Companies whose employees cause distracted driver accidents while conducting business activities may also face liability under certain circumstances.

At Bloom Injury Law, we regularly represent victims injured by distracted drivers who violated these laws. If you've been injured by someone who was texting, talking on the phone, or otherwise distracted while driving, contact us to discuss your legal options for pursuing the compensation you deserve.

How We Might Prove The Driver at Fault Was Distracted

Establishing distraction as a factor in an accident requires strategic evidence gathering, particularly as we highlight these dangers during Distracted Driving Awareness Month.

• Cell phone records: We can subpoena the at-fault driver's phone records to show they were texting, calling, or using apps at the precise time of the distracted driver accident.
• Witness testimony: Statements from people who observed the driver looking down at a device, eating, applying makeup, or otherwise not watching the road can provide compelling evidence in distracted driver accident cases.
• Video footage: Traffic cameras, dashcams, security cameras from nearby businesses, or bystander recordings may have captured the driver's distracted behavior before or during the collision.
• Police report details: The responding officer may have noted observations about distraction in their report, such as food wrappers, cell phones in use, or the driver's own admissions at the scene.
• Vehicle data: Modern cars often contain event data recorders or telematics systems that can reveal sudden braking, erratic speed changes, or steering patterns consistent with distracted driving.
• Social media evidence: The at-fault driver may have posted or been tagged in content showing them using their phone while driving or admitting to distracted behavior around the time of the accident.
• Lack of skid marks: The absence of brake marks often indicates the driver never saw the hazard before impact, supporting the conclusion that they were distracted at the time of the collision.
• Driver admissions: Sometimes drivers admit to police, witnesses, or even in casual conversation that they were distracted, which can be powerful evidence in a distracted driver accident case.
• Accident reconstruction: Professional analysts can examine vehicle damage patterns and other physical evidence to determine if the collision indicates a driver who was not paying attention.
• Employment records: For work-related accidents, we can investigate if the driver was engaged in work communications at the time of the distracted driver accident.

At Bloom Injury Law, we have extensive experience gathering and presenting this type of evidence to establish distraction as a factor in accident cases. If you've been injured by a driver who wasn't paying attention, contact our distracted driver accident lawyers to discuss how we can help build a strong case for your compensation.

Contact Bloom Injury Law Today for Your Distracted Driver Accident Case

If a distracted driver has injured you, don't face the aftermath alone. Our dedicated team at Bloom Injury Law is ready to fight for the compensation you deserve while you focus on recovery. During Distracted Driving Awareness Month and throughout the year, we stand ready to help accident victims across Los Angeles. Reach out today for a consultation about your distracted driver accident case.