Irvine and Orange County Car Accident Lawyers

Distracted driving is an extremely common cause of accidents and one that has been gaining prominence in recent years due to the ubiquity of smartphones and other personal electronic devices. There are three forms of distracted driving: manual, visual, and cognitive:

• Manual distractions occur when a driver takes his or her hands off the wheel. This may happen if the driver is trying to manipulate a touchscreen in the car or reach for something in the back seat.
• Visual distractions happen when a driver looks at something other than the road, the speedometer, or the mirrors. Car touchscreens and radio controls represent a major visual distraction, as do smartphones.
• Cognitive distractions occur when a driver thinks about something other than driving. This includes daydreaming.

Some distractions, such as texting, involve two or even all three types of distractions, making them particularly dangerous. It’s important to keep in mind that driver distractions have been an issue since the advent of the car. Just because a driver is not using his or her smartphone does not mean that the driver is paying attention. Some examples of other common driver distractions include:

• Eating
• Drinking
• Personal grooming
• Applying makeup
• Attending to children
• Looking for things in the car
• Adjusting the radio
• Using GPS

The only form of distracted driving that is prohibited by law in California is holding a cell phone in your hand. That being said, distracted drivers tend to engage in dangerous traffic violations, including: speeding, following too closely, weaving in-and-out of a lane, making improper turns, and failing to signal lane changes. As a result, people who are injured by distracted drivers are typically able to recover compensation for their losses.

In some cases, traffic accidents have nothing to do with the drivers involved, but are instead caused by road hazards. When these hazards are the result of poor road maintenance or design, victims can often recover compensation for their losses. Some examples of road hazards that can cause serious, injury-causing accidents include:

• Potholes
• Malfunctioning traffic lights
• Inadequate signage
• Faded lane markings
• Overgrown vegetation
• Shoulder drop-offs
• Poor drainage
• Depressions in the roadway

Accidents caused by road hazards can be multiple or single-vehicle accidents. In the event that your accident was a single-vehicle accident, do not make the mistake of assuming that your crash was your fault simply because you were the only driver involved. If you do, you may miss out on significant compensation for your injuries to which you are legally entitled under California law. Additionally, most cases involving accidents caused by road hazards allege negligence on the part of a government agency, which means that a special set of rules apply—including a much shorter time limit in which victims can file a claim. As a result, if you have any suspicions that your accident was the result of road hazard, it’s in your best interest to speak to an attorney as soon as you possibly can.

California requires drivers to carry a minimum amount of auto insurance coverage. When another driver causes an accident, you will need to file a claim with their insurance company. Insurers are notorious for limiting payouts to accident victims, and it is important to have legal representation during this process.

Some of the tactics insurance companies use to minimize the amount they pay out on car accident claims include:

• Contacting victims before they have had a chance to retain an attorney
• Waiting until bills are piling up before making a settlement offer, knowing that victims under financial pressure are more likely to take a lower offer
• Pressuring victims to provide a recorded statement in an effort to get them to say something that will hurt their claim
• Making unreasonably low settlement offers
• Misrepresenting victims’ rights

In some situations, the insurance company will not offer a fair settlement, and it may be necessary to file a personal injury claim against the at-fault party. Our attorneys will evaluate when this is a necessary step to protect your rights and obtain the full compensation you need to cover your losses.