Every moment a driver takes their eyes off the road increases the risk of injury or death, and for victims, the consequences can be life-changing.
At Compass Law Group, LLP, we represent people who’ve been hurt or lost loved ones in distracted driving accidents across Los Angeles. Our mission is simple: fight for maximum compensation and accountability without any upfront fees. If you’ve been hit by a distracted driver, we’re ready to help you get answers, justice, and results.
Schedule your free consultation today to discuss your case with an experienced Los Angeles distracted driving accident attorney and learn how we can help.
Why Hire a Los Angeles Distracted Driving Accident Attorney?
Navigating a distracted driving claim isn’t as straightforward as it may seem. Proving the driver wasn’t paying attention requires a thorough investigation and an effective legal strategy.
Our distracted driving accident lawyers in Los Angeles handle these cases every day. We know how to uncover evidence, challenge insurance companies, and build a case that holds distracted drivers accountable.
Types of Distracted Driving & Common Behaviors
Distraction behind the wheel comes in many forms. Any behavior that diverts a driver’s attention can lead to a crash. The three main types of distractions while driving include:
- Visual: Reading a text and looking at your GPS takes your eyes off the road in front of you.
- Manual: Things like eating, brushing your hair, and adjusting the volume of the radio all take your hands off the steering wheel.
- Cognitive: Daydreaming, fatigue, and talking to passengers take your mind off the task of driving and can be distracting.
Even a split-second lapse in attention can cause a devastating accident. Common behaviors that contribute to distracted driving crashes include:
- Texting or using social media
- Talking on a handheld phone
- Adjusting the GPS or radio
- Eating or drinking while driving
- Applying makeup or grooming
- Handling children or pets in the vehicle
California Distracted Driving Laws You Should Know
Understanding California's distracted driving laws is critical for both drivers and victims seeking justice. The state has passed strict regulations to curb dangerous habits behind the wheel, especially those involving mobile devices.
Here are the key legal provisions:
- Vehicle Code 23123: Prohibits drivers from using handheld wireless phones while driving.
- Vehicle Code 23123.5: Bans texting and any use of a handheld device not mounted or voice-activated, even at red lights.
- Vehicle Code 23124: For drivers under 18, it’s illegal to use any cell phone, handheld or hands-free.
Drivers who violate these laws and cause a crash may face enhanced liability. Our legal team understands how to use these statutes strategically when pursuing your case.
What to Do After a Distracted Driving Accident in Los Angeles
If you've been involved in a crash caused by a distracted driver, your actions in the moments and days after the accident can significantly impact your case.
The sooner you involve an experienced attorney, the better your chances of protecting your rights and maximizing your compensation. We can begin investigating the distracted driver immediately, including requesting phone records or surveillance footage.
Follow these steps to protect your health and your compensation after a distracted driving accident:
- Get medical attention immediately, even if symptoms seem mild.
- Call 911 and report the accident to law enforcement.
- Document the scene with photos or videos of the vehicles, location, and any visible injuries.
- Exchange information with the other driver and collect witness contact details.
- Request a copy of the police report, as this document is often key in establishing fault.
- Keep track of all medical visits, expenses, and time off work.
- Avoid giving recorded statements to insurers without legal advice.
How We Prove the Other Driver Was Distracted
Proving distraction takes more than suspicion; it requires focused legal work. Our firm has the resources and experience to do just that.
To win your case, we must show that the other driver acted negligently and that their distraction directly caused the crash. In California, this involves proving four legal elements:
- Duty of Care: The driver had a legal obligation to drive safely.
- Breach of Duty: They failed to meet that duty by driving distracted.
- Causation: The distraction caused the accident.
- Damages: You suffered injuries or financial losses as a result.
Who Can Be Held Liable in a Distracted Driving Case?
While the distracted driver is often the party found responsible, California law recognizes that other parties may share liability under certain circumstances.
California’s comparative negligence rule also means that if the victim is partially at fault, their compensation may be reduced. We fight to ensure blame isn’t unfairly shifted onto you, and that all responsible parties are held accountable.
Here’s who could be held responsible for the accident:
- The Driver: This includes negligence while using a phone, eating, or being otherwise distracted.
- Employers: If the distracted driver was on the job in a company vehicle, the employer may be vicariously liable under respondeat superior.
- Rideshare Companies: In Uber or Lyft accidents, complex insurance rules may apply.
- Product Manufacturers: In rare cases, faulty technology or vehicle software may contribute to distraction.
- Government Entities: If poor road design or lack of signage contributed to the crash, the city could be found responsible.
Common Injuries in Distracted Driving Accidents
Distracted driving crashes often involve high-impact collisions, especially when the driver fails to brake in time. These accidents frequently result in serious, long-lasting injuries.
Common injuries we see include:
- Traumatic brain injuries (TBIs)
- Whiplash and neck strain
- Spinal cord injuries
- Broken bones and fractures
- Internal bleeding and organ damage
- Severe lacerations or burns
- Emotional trauma, such as PTSD
Even minor injuries can disrupt your ability to work, care for your family, or enjoy daily life. That’s why documenting all injuries, both physical and emotional, is essential to building a strong legal claim.
What Compensation Can You Recover?
If you’ve been injured due to a distracted driver’s negligence, you may be entitled to both economic and non-economic damages, as well as punitive damages in some cases.
Economic damages include:
- Medical expenses
- Rehabilitation and physical therapy
- Lost wages and loss of earning capacity
- Property damage
Non-economic damages include:
- Pain and suffering
- Emotional distress
- Loss of enjoyment of life
- Disfigurement or permanent disability
In severe or reckless cases, the court may also award punitive damages to punish egregious behavior and deter others.
Dealing with Insurance Companies After a Distracted Driving Crash
Insurance companies are not interested in losing money. Their goal is to protect profits by minimizing payouts, and they won’t hesitate to try every trick in the book to lower yours.
Here’s what to watch out for:
- Quick settlement offers before you know the extent of your injuries
- Requests for recorded statements that they can use against you
- Downplaying the distracted driver’s fault or blaming you instead
- Delays in processing or “lost” documentation
With legal representation, you don’t have to face these tactics alone. Our Los Angeles texting and driving accident attorneys handle all communication, negotiate aggressively, and won’t let insurers pressure you into a lowball offer.
How Our Attorneys Handle Your Case
At Compass Law Group, LLP, we take a proactive, results-driven approach to every distracted driving accident case. From day one, our goal is to lift the burden from your shoulders so you can focus on recovery while we handle everything else.
We work hard to build the strongest possible claim on your behalf with compassion, communication, and relentless advocacy every step of the way. Here’s what you can expect when you hire our team:
- Thorough Case Investigations: We investigate every angle of your case to make sure you have a strong foundation. This includes assessing a crash analysis, collecting cell phone records, and gathering surveillance footage.
- Evidence Collection: We take care of gathering medical records, expert opinions, and any documentation of damages.
- Negotiations with Insurance Companies: Our distracted driving accident lawyers in Los Angeles handle all communications with insurance companies so you can focus on recovery.
- Litigation Support: If the insurer refuses to offer a fair settlement, we’re ready to take your case to trial.
- No Upfront Fees: You pay nothing unless we win your case.
Why Choose Compass Law Group for Your Distracted Driving Claim?
When it comes to distracted driving accidents, you need a law firm that knows the local courts, understands the legal nuances, and has a proven record of results.
If you’re looking for a dependable Los Angeles texting and driving accident attorney, Compass Law Group, LLP is ready to fight for your rights. Here’s why victims choose our team of expert lawyers:
- Extensive experience with car accident litigation in Los Angeles
- Track record of high-value verdicts and settlements
- A client-focused approach where we treat you like family
- In-depth knowledge of local law enforcement and court systems
- You don’t pay us unless we win
Schedule Your Free Consultation With a Los Angeles Distracted Driving Accident Attorney Today
You don’t have to face this alone. If you or a loved one was injured by a distracted driver, the team at Compass Law Group, LLP is here to help you recover compensation and peace of mind. We handle a variety of vehicle accident claims, including truck accidents.
Take the first step towards justice. Contact us now to schedule your free case review with a trusted Los Angeles distracted driving accident attorney.
Frequently Asked Questions
Can I still recover damages if I was partially at fault?
Yes. Under California’s comparative negligence rule, you can still receive compensation even if you were partly to blame. However, your award may be reduced by your percentage of fault.
How long do I have to file a claim?
You generally have two years from the date of the accident to file a personal injury lawsuit in California. For property-only damage, the limit is three years. However, exceptions exist, so don’t delay.
What if the driver was using a hands-free device?
Even hands-free device use can be distracting. If the driver was mentally distracted or messing with the device in violation of the law, they may still be found liable.
Is distracted driving a criminal offense?
In some cases, yes. Violating California’s cellphone or texting laws can result in citations or misdemeanor charges, especially if the behavior caused injury or death. However, civil claims for damages are handled separately and can proceed regardless of criminal charges.
