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Distracted Driving Accident Lawyers In Oxnard

Written by: Portrait Photo Of Tyrone J. Maho Tyrone J. Maho

Imagine driving in the Oxnard area and being sideswiped by a distracted driver. The collision causes you to lose control and hit a tree. You have severe injuries and will lose a month of work. What should you do and who will pay for the financial compensation you deserve? 

Being injured by distracted drivers in the Oakland area is common but legal options are available to you. Our distracted driving lawyers at Maho Prentice, LLP, sympathize with accident victims and may be able to help with a personal injury lawsuit. If successful, the distracted driver may have to pay for your medical bills, lost wages, mental anguish, pain and suffering, and more. Contact our car accident lawyers for a complimentary legal consultation regarding your distracted driving car accident case. 

Woman Drinking Coffee And Talking On The Phone While Driving

What Is Distracted Driving? 

Distracted driving is any activity while driving that takes your attention from the road. The NHTSA reports that three types of distracted driving cause auto accidents: 

  • Visual: You are less likely to see hazards quickly when you take your eyes off the road. For example, if you look at a text message for three seconds at 55 MPH, you will travel the length of a football field without looking at the road. 
  • Manual: When you take your hands off the steering wheel, your reaction time is greatly decreased. 
  • Cognitive: Reaction time is much slower when focusing on something besides driving. 

A car accident lawyer will help to determine if distracted driving caused your accident. 

What Is a Distracted Driving Accident? 

A distracted driving accident happens when a driver’s attention is diverted from the road and an accident occurs. Distracted driving is a growing problem in the country and poses a grave risk to motorist and pedestrian safety. 

Common driving distractions include texting, talking on the phone, eating or drinking, adjusting the GPS or radio, and talking to other passengers. A personal injury attorney can request the driver’s cell phone records to see if they were using the phone during the accident. 

Cell phones are among the biggest reasons for distracted driving. Even though cell phone use while driving is banned in most states, many drivers use them and get into accidents. 

There are many types of car accidents caused by distracted driving. Some of the most common and serious are: 

  • Read-end crashes: A driver may be looking at their cell phone and slam into you from behind. 
  • Head-on crashes: The driver’s distraction may make them veer into oncoming traffic. A head-on crash is always serious and often fatal. 
  • T-bone crashes: A distracted driver may run a red light or stop sign and slam into the side of your vehicle. This is a dangerous crash, especially for the person seated at the impact zone. 
  • Sideswipes: This accident happens when a car drifts into the next lane and glances off another vehicle. 

The bottom line is that no car or pedestrian is safe when sharing the road with a distracted driver. 

How to Prove Liability In A Distracted Driving Accident

Driver distraction isn’t always easy to prove after an accident, but there are ways to do so. A car accident lawyer can obtain evidence such as cell phone records and social media logs. These records may prove that the driver wasn’t concentrating on driving when they hit you. It may be necessary to file a lawsuit to obtain those records, but sometimes, the negligent driver will admit they were distracted. 

Distracted driving also can be proven by eyewitness testimony. If someone saw the negligent driver using their phone during the accident, this can be useful for your case. It also helps if the police report states that the driver was distracted during the accident. 

Road Sign Warning People To Not Text And Drive

Third-Party Liability In Distracted Driving Crashes

Many distracted driving accident claims may involve third-party liability for the crash. For example, if an employer requires the driver to use their phone while behind the wheel, the company could be liable. Generally, an employer is liable for their employee’s negligent actions when the employee is working. 

This kind of lawsuit is becoming more common as drivers work behind the wheel while using their cell phones for navigation and other purposes.

How Can A Car Accident Attorney In Oxnard Help?

If you were injured by a distracted driver, you should understand the legal process. Every accident case is different, but most cases proceed in these steps: 

  • Free consultation: Most distracted driving lawyers offer a free consultation. During the meeting, the attorneys will ask questions about the accident, assess the severity of injuries, and discuss legal options. We recommend filing a personal injury claim if a distracted driver is liable. 
  • Accident investigation: Our law firm will thoroughly investigate how the crash happened. This usually involves gathering as much evidence as possible, such as eyewitness statements, police reports, video footage if available, etc. The investigation aims to construct the most robust case to prove liability and show how the accident affected you. 
  • Settlement negotiations: Before filing a lawsuit, our law firm will attempt to negotiate a settlement with the distracted driver’s insurance company. Our experienced insurance negotiators will work tirelessly to obtain a fair settlement that compensates you for your losses and injuries. If a fair settlement is impossible, we will proceed to court. 
  • Lawsuit: If settlement negotiations don’t work, we will take the case to court. This means filing a personal injury, showing the evidence to the jury and judge, and making the best case. 
  • Case resolution: Our attorneys aim to secure a case resolution that maximizes your compensation for medical bills, lost wages, and pain and suffering. 

Speak To Our Distracted Driving Accident Lawyers Now

Being hit by a distracted driver in a car accident can cause devastating injuries. If the other driver was at fault, the accident victim should seek compensation with a car accident claim. Our distracted driver attorneys in Oxnard at Maho Prentice, LLP, can help you receive the compensation you deserve for your medical bills and other losses. Please contact our car accident attorneys today for a consultation about your legal rights by calling (805) 774-1295.