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Distracted Drivers

Distracted Driving Accident Attorneys in San Jose

Assisting Distracted Driving Accident Victims in California

Distracted driving has become far too common in our country. The use of cell phones while driving has contributed to a rise in motor vehicle accidents throughout the nation. Our phones are now a mobile world that has unlimited ways of taking your eyes off the road. Aside from these devices, there are also multitudes of other ways in which a driver can lose focus from driving. If you have been injured in a distracted driving accident in the Bay Area, consider consulting with our San Jose auto accident lawyers.

If you are injured in a collision because the other driver was texting, talking on the phone, or otherwise distracted, then you have a right to be angry. You also may have a right to compensation. At Needham Kepner & Fish, we work hard for victims of accidents caused by distracted drivers. Our experienced team can ensure that you are well represented and recover as much as possible for your damages.

Call Needham Kepner & Fish today at (408) 716-1668 or contact us online to schedule a consultation with our distracted driving accident attorneys in San Jose.

Common Causes of Distracted Driving Accidents

Driving is the most dangerous thing you do on a daily basis. One of the reasons driving is so dangerous is that it requires 100 percent of your attention. If you look away from the road for even a second, then you could cause an accident. If a distracted driver causes you to suffer injuries, our experienced team of car accident attorneys can assist you. Here are the common causes of distracted driving accidents:

  • Texting. Texting requires mental and physical effort and is, therefore, an extremely dangerous activity to engage in while driving. Under the distracted driving laws in California, sending text messages by physically holding the phone is illegal. Hands-free or voice-controlled texting is legal.
  • Cellphone use. Drivers 18 or older cannot use a cell phone without a hands-free device. Any driver younger than 18 is prohibited from using a cell phone altogether.
  • Passengers. Conversing with passengers can be dangerous because it draws your attention from where it should be — on the road.
  • GPS devices. Drivers who constantly look at a GPS device instead of the road may cause serious injury to their fellow motorists.
  • Eating and drinking. Eating or drinking can cause drivers to look away from the road or lose their grip on the steering wheel.

If someone else’s distractions are to blame for your injuries and property damages, you deserve compensation. At Needham, Kemper & Fish, our San Jose auto accident lawyers help clients in California with all types of accidents, including bicycle accidents and those caused by drunk drivers.

Common Injuries in Distracted Driving Accidents

The consequences of such actions can be very severe, leading to various injuries for those involved in accidents caused by distracted drivers. Common injuries may include:

  • Whiplash and Neck Injuries: Sudden stops or impacts from distracted driving accidents can cause whiplash, a painful injury that affects the neck and upper back. Whiplash can result in long-term pain and discomfort, impacting the victim's quality of life.
  • Traumatic Brain Injuries (TBIs): The force of a crash can cause the head to strike objects within the vehicle or even the vehicle's interior. TBIs, ranging from concussions to more severe brain injuries, can have lasting cognitive and physical effects.
  • Spinal Cord Injuries: Distracted driving accidents may lead to spinal cord injuries, causing paralysis or impaired mobility. These life-altering injuries often need extensive medical care and rehabilitation.
  • Broken Bones and Fractures: The effect of a distracted driving accident can result in broken bones and fractures, affecting various parts of the body. Recovery may involve surgeries, rehabilitation, and ongoing medical treatment.
  • Soft Tissue Injuries: Muscles, ligaments, and tendons can suffer damage in a distracted driving accident, leading to soft tissue injuries. These injuries can be painful and could require significant time to heal.

What Do I Do If A Distracted Driver Injured Me?

If you have been hurt in an accident caused by a distracted driver, the investigation that follows may determine how you will recover. If you are able to do so, as soon as the vehicles have stopped after your collision, use your phone to call the police.

If possible, you will then want to take pictures of the crash scene. While the other driver may try to cover up the distraction—especially when the distraction is a phone, it is possible to obtain a subpoena for cell phone records. This way, your legal team can check the timestamp of sent messages against the time of the accident.

It may sometimes be difficult to prove that the other driver was indeed texting and that was what caused the crash, but experienced San Jose car crash attorneys like those at Needham Kepner & Fish will work to gather all of the evidence that is available to prove your case. Any car accident can cause injuries or deaths, and distracted driving is definitely no exception.

Our distracted driving attorneys believe that anyone who harms another person due to reckless or negligent actions needs to be held accountable. Victims should not be left to pay for medical expenses, ongoing treatments, missed time from work, pain and suffering, or diminished quality of life.

What Damages Could Be Recovered in a Distracted Driving Accident Claim?

If you've been injured in a distracted driving accident, you may be entitled to compensation for your damages. Potential damages may include:

  • Medical Expenses: Recovering compensation for medical bills is crucial for victims of distracted driving accidents. This includes costs for hospitalization, surgeries, medications, rehabilitation, and any future medical costs related to the injuries sustained.
  • Lost Wages and Income: If your injuries have resulted in time away from work, you may be eligible to claim compensation for lost wages. This includes the income you've already lost and potential future earnings impacted by your injuries.
  • Property Damage: Besides personal injuries, distracted driving accidents can cause significant damage to your vehicle. Compensation can be sought to cover your damaged property's repair or replacement costs.
  • Pain and Suffering: Physical injuries are not the only damages you may endure. Pain and suffering compensation aims to address the emotional and psychological toll of the accident, including trauma, anxiety, and loss of enjoyment of life.
  • Loss of Consortium: In cases where a distracted driving accident has affected personal relationships, spouses or family members may be entitled to compensation for the loss of consortium, which includes the loss of companionship and support.
  • Punitive Damages: In certain circumstances, punitive damages may be awarded to punish the negligent driver for their reckless manners and serve as a deterrent to others. These damages go beyond compensating the victim and seek to prevent similar actions in the future.

Contact Our San Jose Distracted Driving Accidents Attorneys Today

You have already been through enough at the hands of someone else’s negligence. Do not make the mistake of being passive in the claims process. At Needham Kepner & Fish, we work tirelessly to help injury victims win the compensation they deserve. We are committed to understanding your situation and investigating further to ensure that all the details are accounted for. If your condition prevents you from visiting our office, we will visit you at your home or anywhere that is convenient for you.

To schedule a free consultation, contact our Sane Jose distracted driving accident lawyers today at (408) 716-1668 or online. We handle injury cases on a contingent fee basis, which means that you pay us nothing unless you recover compensation.

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