A car accident caused by a distracted driver creates two immediate crises: a medical one and a financial one. While you’re trying to heal from your injuries, the bills from the hospital, physical therapist, and pharmacy start piling up. If you can’t work, the loss of income only adds to the stress. Insurance companies know you’re in a vulnerable position and may try to offer a quick, lowball settlement. Before you accept anything, it’s crucial to understand the full value of your claim. We’ll break down the damages you can recover and explain how a skilled San Jose distracted driving accident lawyer can manage the entire process, ensuring you receive the resources needed for a full recovery.

What Are the Three Main Types of Driver Distraction?

Distracted driving has become a significant public health risk all across the United States. Especially here in California – where heavy traffic can lead to road rage and other types of distractions – road users are put in danger by distracted drivers. If you or a loved one has been injured in an auto accident caused by a distracted driver, you have the legal right to be compensated for all your losses. Call Deldar Legal at (844) 335-3271. Our experienced San Jose auto accident lawyers know how to protect your legal rights after any type of auto accident. According to the Centers for Disease Control and Prevention, there are three main types of distractions that lead to car accidents: visual, manual, and cognitive. Each of these distractions impairs driving abilities in different ways:

Visual Distractions: These are distractions that affect what a driver is seeing. Visual distractions can be outside of the vehicle (such as billboards) or inside the vehicle (such as children or pets that need a driver’s attention).
Manual Distractions: These are distractions that affect what a driver is touching. Examples include food or drinks in the vehicle.
Cognitive Distractions: These are distractions that affect what a driver is thinking. Conversations with passengers are a common example of something that can dangerously divert a driver’s attention from the road.

The most dangerous distractions are a combination of these categories. For example, a billboard can be both a visual distraction (by taking the driver’s eyes off the road) and a cognitive distraction (by diverting the driver’s attention to the billboard, and away from the road). Texting distracts a driver visually (by looking at the phone), manually (by requiring the driver to type), and cognitively (by drawing focus to the conversation). This is why texting and driving are so deadly. It is also to understand which type of distraction is actually affecting a driver. For example, many people are under the mistaken belief that hands-free mobile devices are safer from drivers to use than handheld devices. But research has repeatedly found similar rates of impairment between drivers using hands-free and handheld devices. This is because the cognitive impairment (focusing on the phone conversation instead of driving) is the same. This is a dangerous misapprehension. Science Direct published one study that found handheld users were more likely to attribute an accident to their phone user than hands-free users. This was in spite of the fact that risk estimates were the same for all mobile device users.

Common Injuries Caused by Distracted Driving Accidents

The moments after a car crash are chaotic and frightening. But the true impact of a distracted driver’s mistake often unfolds in the days, weeks, and months that follow. The physical toll can be immense, leaving victims with injuries that require extensive medical treatment, long-term rehabilitation, and sometimes, lifelong care. These injuries aren’t just medical diagnoses; they represent a fundamental disruption to your life, affecting your ability to work, care for your family, and enjoy daily activities. Understanding the common types of harm caused by these preventable accidents is the first step in recognizing the full scope of what you’ve lost and what you deserve to recover.

Head and Brain Injuries

During a collision, the force of impact can cause your head to strike the steering wheel, window, or another object, or even just to jolt violently back and forth. This can result in devastating head and brain injuries. A Traumatic Brain Injury (TBI) can disrupt normal brain function, leading to long-term challenges with memory, concentration, and even personality changes. These injuries are often invisible, but their effects are profound, impacting every aspect of a victim’s life and their family’s well-being. Securing fair compensation is critical to cover specialized medical care, rehabilitative therapies, and future needs. At Deldar Legal, our attorneys have extensive experience handling complex brain injury cases and fight to ensure our clients have the resources for a secure future.

Whiplash and Spinal Cord Damage

One of the most frequent injuries in rear-end collisions—a common result of distracted driving—is whiplash. This occurs when the neck is snapped back and forth rapidly, damaging the soft tissues. While often dismissed as a minor complaint, whiplash can cause chronic pain, severe headaches, and long-term mobility issues. In more severe impacts, the damage can extend to the spinal cord itself. A spinal cord injury is a life-altering event that can lead to partial or complete paralysis, requiring a lifetime of medical care, assistive devices, and home modifications. These catastrophic injuries demand a legal team that understands the immense financial and emotional stakes involved.

Broken Bones and Internal Injuries

The sheer force of a car crash can easily break bones, from simple fractures to complex breaks requiring surgery, pins, and plates. Victims often face a long and painful recovery process involving casts, physical therapy, and significant time away from work. Just as dangerous are the injuries you can’t see. The impact can cause serious internal damage, such as organ bruising, internal bleeding, or ruptured organs. These conditions are medical emergencies that can be fatal if not treated immediately. This is why it’s crucial to seek a full medical evaluation after any auto accident, even if you feel okay. While you focus on healing, a dedicated attorney can manage the complexities of your claim.

The Alarming Facts About Distracted Driving

Here are some shocking statistics about just how dangerous distracted driving really is:

According to the National Highway Traffic Safety Administration, a total of 3,166 deaths occurred in the United States in 2017 as the result of distracted driving.
The Insurance Information Institute reports that, between 2012 and 2017, cell phones were identified as distracting drivers in 14 percent of all fatal crashes.
End Distracted Driving found that distracted driving is likely under-reported. The National Safety Council estimates that cell phones were responsible for 27 percent of car crashes in 2015.
EndDD also reports that teens whose parents drive while distracted are two to four times more likely to also drive while distracted.

The Extreme Risk of Texting

Of all the ways a driver can lose focus, texting is uniquely dangerous because it combines all three types of distraction. It forces you to take your eyes off the road (visual), your hands off the wheel (manual), and your mind off of driving (cognitive). This deadly trifecta makes texting while driving comparable to operating a vehicle while intoxicated. When a driver decides to read or send a message, they are essentially choosing to drive blind for several seconds. This single, preventable act is a leading cause of devastating auto accidents on California roads, leaving innocent people to deal with the lifelong consequences of another person’s negligence.

National Fatality and Injury Rates

The statistics paint a grim picture of the real-world impact of distracted driving. In a single recent year, more than 3,100 people were killed in crashes involving a distracted driver, accounting for nearly one out of every ten traffic fatalities nationwide. These aren’t just abstract figures; they represent thousands of families shattered by a loss that should never have happened. For every fatal crash, countless others result in severe, life-altering injuries. When a driver’s inattention causes such profound harm, holding them accountable is a crucial step toward justice for the victims and their families who are left to pick up the pieces.

How Far You Travel When Distracted

It’s easy to underestimate how much ground a vehicle covers in just a few seconds. A car traveling at 65 miles per hour moves nearly the length of a football field in the time it takes to glance at a text. Imagine covering almost 300 feet with your eyes closed to the world around you. In that distance, traffic can stop suddenly, a pedestrian can enter a crosswalk, or another car can change lanes. By the time a distracted driver looks up, it is often far too late to avoid a collision. This is how a momentary lapse in focus becomes a high-speed impact that causes catastrophic injuries and changes lives forever.

Why Are Teen Drivers at Such High Risk?

New drivers are inexperienced in the rules of the road. They must use more visual, manual, and cognitive effort to avoid collisions. This makes distractions even more dangerous for a new teen driver. Research has repeatedly found that teen drivers are more likely to cause accidents when passengers are in the vehicle (due to the distractions they cause). Because of this, many states – including California – restricts the circumstances in which a teen driver can carry passengers in his or her vehicle. State laws are important, but parents can have an even greater impact on teens’ driving habits. Follow these tips to help your teen eliminate distractions while driving:

Model good driving behavior for your teen. Never use a mobile device while driving. (This is illegal, except in emergencies.) Do not allow yourself to be distracted by children, pets, or conversations with passengers in the car. Show teens what safe driving habits look like.
Establish very clear family rules about using mobile devices while driving. Do not hesitate to revoke driving privileges if a teen does text and drive. It endangers your child, his or her passengers, and everyone else on the road. It could make you liable for a personal injury or wrongful death lawsuit. It could raise your insurance rates. It is a serious problem, and your teen must understand that you take it seriously.
Establish clear rules about having passengers in the vehicle. When a teen has a provisional license (ages 16 to 18), it is illegal to carry any passenger under the age of 20 in the vehicle for the first 12 months (unless an adult over age 25 is also in the vehicle). Even once this restriction is lifted, having passengers in the vehicle increases your teen’s risk of causing an accident. Be sure that your teen’s passengers are respectful and do not distract from the task of safe driving. If you do allow your teen to carry passengers, be sure to limit the number of passengers that can be in the vehicle at one time. Research has found that the risk of an accident increases with the number of passengers in the vehicle.

California’s Distracted Driving Laws

California has some of the strictest laws in the country when it comes to using electronic devices behind the wheel, and for good reason. These rules are designed to protect everyone on the road from the devastating consequences of a preventable accident. Understanding these laws is the first step in recognizing when another driver has acted negligently. If you’ve been hit by someone who was on their phone, their violation of these rules can become a critical piece of evidence in your personal injury claim. It establishes a clear breach of their duty to drive safely, which is the foundation of holding them accountable for the harm they’ve caused you and your family.

Hands-Free Requirement for All Drivers

The primary rule for all adult drivers in California is straightforward: you cannot hold and operate a cell phone or any other electronic device while driving. The law is clear that your device must be mounted on the dashboard, windshield, or center console, and you can only use it with single-swipe or single-tap motions. This hands-free requirement is intended to keep a driver’s hands on the wheel and their focus on the road. Any driver caught holding their phone to talk, text, or use an app is not only breaking the law but is also demonstrating a conscious disregard for the safety of others, which is a key element of negligence in a personal injury case.

California Vehicle Code Section 23123

This specific section of the vehicle code is what makes it illegal for a driver to hold a wireless telephone while operating a motor vehicle unless it is configured for hands-free listening and talking. This statute is the backbone of California’s fight against distracted driving for the general public. When a police report from your accident includes a citation for violating CVC 23123, it provides powerful, official documentation that the other driver was not paying proper attention. This can significantly strengthen your claim when seeking compensation for your injuries from their insurance company.

Strict Rules for Drivers Under 18

For drivers under the age of 18, the rules are even more stringent. California law prohibits teen drivers from using any electronic wireless device while driving, even if it is in hands-free mode. This zero-tolerance policy reflects the increased risk associated with inexperienced drivers who are already facing a steep learning curve. The combination of inexperience and distraction is a recipe for disaster. This law aims to remove the temptation entirely, reinforcing that a young driver’s sole focus must be on operating the vehicle safely. An accident caused by a teen using a device is a clear-cut case of negligence.

California Vehicle Code Section 23124

This is the law that specifically targets drivers under 18, making it an offense for them to drive while using a wireless telephone or any other electronic communication device, period. There is no hands-free exception. If the driver who hit you was a minor and was using their phone in any capacity, they were in direct violation of this code. This provides an undeniable basis for your claim and underscores the recklessness of their behavior. It’s a critical detail that a skilled personal injury attorney will use to build a compelling case on your behalf.

Penalties for Violations

Breaking California’s distracted driving laws comes with immediate consequences for the offending driver. These penalties typically include fines and, for repeat offenses, points added to their driving record, which can lead to higher insurance premiums. While these state-imposed penalties are meant to deter the behavior, they also serve another purpose in a civil case. A ticket for distracted driving acts as an official record of the driver’s carelessness at the time of the crash. This citation can be a cornerstone of your personal injury claim, making it much more difficult for the at-fault driver’s insurance company to dispute liability for your medical bills and other damages.

Understanding the Legal Process for Your Claim

After you’ve been in an accident with a distracted driver, the path to getting compensation can feel overwhelming, especially when you’re trying to recover from your injuries. This is where having a dedicated legal team makes all the difference. The legal process involves several key steps, from proving the other driver was at fault to negotiating a fair settlement. At Deldar Legal, we manage every phase of your claim so you can focus on your health. We handle the paperwork, the phone calls, and the aggressive negotiations, ensuring your rights are protected while we work to secure the financial recovery you need to move forward with your life.

Proving Negligence in a Distracted Driving Case

In any personal injury claim, the central task is to prove “negligence.” In simple terms, this means showing that the other driver had a responsibility to drive safely, they failed in that responsibility through their distracted actions, and that failure directly caused your injuries. Distracted driving is a classic example of negligence because it’s a clear failure to exercise reasonable care. Our job is to connect the dots—to prove the other driver was texting, on a call, or otherwise distracted, and that this specific act of carelessness led directly to the collision and the harm you have suffered as a result.

The Statute of Limitations: A Critical Deadline

It’s incredibly important to know that you don’t have an unlimited amount of time to take legal action after an accident. In California, there is a strict time limit, known as the statute of limitations, which gives you two years from the date of the injury to file a personal injury lawsuit. While that might sound like a long time, it can pass quickly when you’re dealing with medical treatments and recovery. Missing this deadline means you could lose your right to seek compensation forever. This is why it’s so important to speak with an attorney as soon as possible to preserve your rights and start the process.

California’s Comparative Fault Rule

Many people worry that if they were even slightly at fault for an accident, they can’t recover any money. Fortunately, that’s not how it works in California. Our state follows a “comparative fault” rule, which means you can still receive compensation even if you share some of the blame. The court will determine the percentage of fault for each party, and your final compensation award will simply be reduced by your percentage of fault. For example, if you were found to be 10% responsible, your settlement would be reduced by 10%. This rule ensures that a distracted driver is still held accountable for the significant damage they caused.

How a Lawyer Investigates Your Accident

A thorough investigation is the foundation of a strong personal injury claim. An experienced attorney goes far beyond the initial police report. We dig deep to uncover all the facts that prove the other driver’s negligence. This involves a meticulous process of gathering evidence, interviewing key people, and piecing together exactly how the accident happened. Our team of attorneys will look at police tickets, especially those for cellphone use, talk to you and any witnesses, and search for video evidence from traffic cameras or nearby security cameras to build an undeniable account of the other driver’s distraction and liability.

Gathering Evidence to Build a Strong Case

The more evidence we have, the stronger your case becomes. We work to gather every piece of proof that shows the other driver was distracted. This can include eyewitness testimony from people who saw the driver looking at their phone, surveillance or dashcam video footage, and, crucially, the driver’s cell phone records. While you can’t get these records on your own, an attorney has the power to subpoena them, which can provide concrete proof of texting or data usage at the exact moment of the crash. This type of hard evidence is often what convinces an insurance company to offer a fair settlement.

Negotiating with Insurance Companies

Once we have built a strong case, the next step is often negotiating with the at-fault driver’s insurance company. Insurance adjusters are trained to minimize payouts, but our attorneys are skilled negotiators who know how to counter their tactics. We present our comprehensive evidence and a clear demand for full compensation for your losses. Most cases are settled at this stage. However, if the insurance company refuses to make a fair offer, we are always prepared to take your case to trial to fight for the compensation you deserve in front of a judge and jury.

Types of Compensation Available to Victims

When you’ve been injured by a distracted driver, the compensation you receive is meant to cover all the ways the accident has impacted your life, both financially and personally. This recovery is referred to as “damages” in legal terms. The goal is to restore you to the position you were in before the accident occurred, as much as possible. Damages are typically broken down into three categories: economic, non-economic, and, in some rare cases, punitive. A successful claim, like the many case wins we’ve secured for our clients, will account for every single loss you have endured, from medical bills to your personal suffering.

Economic Damages: Covering Financial Losses

Economic damages are the most straightforward part of a personal injury claim. They represent the tangible, out-of-pocket financial losses you have incurred because of the accident. These are the costs that have a clear price tag attached to them. The goal is to ensure you are not left with a mountain of debt due to someone else’s carelessness. We meticulously document every expense, including past and future medical bills, lost income from being unable to work, and any potential loss of future earning ability if your injuries have long-term effects on your career.

Medical Bills and Future Care

Your compensation should cover all medical expenses related to the accident. This includes everything from the initial ambulance ride and emergency room visit to surgeries, hospital stays, physical therapy, and prescription medications. Crucially, it also includes the estimated cost of any future medical care you may need. For victims of brain injuries or other catastrophic harm, this can include long-term rehabilitation, in-home nursing care, or adaptive equipment, ensuring your health needs are covered for life.

Lost Wages and Earning Capacity

If your injuries prevent you from working, you are entitled to compensation for the income you’ve lost. We calculate this based on your pay stubs and employment history. But it doesn’t stop there. If your injuries are severe enough to permanently affect your ability to do your job or force you into a lower-paying profession, you can also seek damages for “loss of future earning capacity.” This compensates you for the income you would have earned over the course of your career had the accident not happened, providing critical financial stability for you and your family.

Non-Economic Damages: Accounting for Your Suffering

Not all losses come with a receipt. Non-economic damages are intended to compensate you for the intangible, personal suffering you’ve endured. This includes physical pain, emotional distress, anxiety, loss of enjoyment of life, and the overall impact the injury has had on your daily activities and relationships. While no amount of money can erase this suffering, it is a legal acknowledgment of the profound personal toll the accident has taken. We fight to ensure this aspect of your claim is given the serious consideration it deserves, as it is often the largest component of a settlement in a serious injury case.

Punitive Damages: Punishing Reckless Behavior

In certain exceptional cases, you may be able to recover punitive damages. Unlike the other types of damages that are meant to compensate you for your losses, punitive damages are designed to punish the at-fault driver for their actions and deter similar behavior in the future. These are only awarded in situations where the driver’s conduct was particularly reckless, malicious, or intentional. For example, if a driver who caused a drunk driving accident was also texting, a court might award punitive damages to make an example of their extreme disregard for human life.

Injured by a Distracted Driver? Speak With Our San Jose Lawyers

Don’t deal with a negligent driver’s insurance company on your own. Let an experienced auto accident lawyer fight for your right to compensation. You can focus on your recovery, secure in the knowledge that a skilled legal professional is protecting your legal rights. Call Deldar Legal (844) 335-3271 or contact us online to schedule your free consultation with a San Jose auto accident lawyer. We will protect your legal right to be fully and fairly compensated for all the losses you have sustained as the result of an accident.

Frequently Asked Questions

How can you actually prove the other driver was on their phone? This is a critical question we tackle right away. While it can be challenging, it’s far from impossible. We start by looking for obvious evidence like police reports citing a cell phone violation or eyewitnesses who saw the driver looking down. But our investigation goes much deeper. As your attorneys, we have the legal authority to subpoena the other driver’s cell phone records. These records can show call logs, text message timestamps, and data usage, creating a clear timeline that often lines up perfectly with the moment of the crash. This type of hard evidence is incredibly powerful and difficult for an insurance company to argue against.

What if I think I might have been partially at fault for the accident? This is a common worry, but it doesn’t mean you can’t recover compensation in California. Our state uses a “comparative fault” system. This means that if you are found to be partially responsible, your final settlement is simply reduced by your percentage of fault. For example, if you were found to be 10% at fault, your compensation would be reduced by 10%. A distracted driver is still held accountable for their negligence. Don’t let a minor mistake prevent you from seeking justice for the significant harm someone else caused.

The other driver’s insurance company already offered me a settlement. Should I take it? You should be very cautious with early settlement offers. Insurance companies are businesses, and their goal is to close your claim for the lowest amount possible. Their first offer almost never accounts for the full scope of your losses, especially future medical care, lost earning potential, and the pain and suffering you’ve endured. Accepting that offer means you lose the right to seek any further compensation, even if your injuries turn out to be more serious than you initially thought. It’s always best to have an experienced attorney review any offer before you sign.

How much does it cost to hire a lawyer for my distracted driving case? We understand that the last thing you need after an accident is another bill. That’s why we handle all personal injury cases on a contingency fee basis, which you might know as our ‘No Win, No Fee’ promise. This means you pay absolutely nothing upfront. We cover all the costs of investigating and building your case. Our fee is a percentage of the settlement or verdict we win for you. If we don’t secure a financial recovery for you, you owe us nothing. This allows you to get expert legal representation without any financial risk.

The driver who hit me got a ticket for texting. Is that enough to win my case? A traffic ticket is excellent evidence that helps establish the other driver’s negligence, but it’s only one piece of the puzzle. Winning your case involves more than just proving the other driver broke the law. We also have to prove that their specific act of negligence directly caused your injuries and then document the full extent of your damages—medical bills, lost wages, future care, and personal suffering. The ticket provides a strong foundation, and we build upon it to construct a comprehensive claim that ensures you are compensated for everything you have lost.

Key Takeaways

Leverage California’s Strict Laws in Your Favor: Any form of driver distraction, from texting to using a hands-free device improperly, violates state law. This violation provides powerful proof of negligence, making it easier to hold the at-fault driver accountable for your injuries.
Don’t Miss the Two-Year Deadline: California law gives you a limited time to file a claim. Acting quickly allows your legal team to secure crucial evidence, like cell phone records and traffic camera footage, and protects your right to seek compensation before the deadline expires.
Demand Full Compensation for All Your Losses: A fair settlement covers more than just current medical bills. It must account for future treatment, lost wages, and the profound personal impact of your pain and suffering. Never let an insurance company pressure you into accepting less than you need for a complete recovery.

San Jose Distracted Driving Accident Lawyer: A Guide