Distracted driving is quickly becoming one of the greatest factors in causing car accidents in California and throughout the United States. The issue is so significant that some federal safety experts have referred to distracted driving as the “new DUI.” Approximately 20% of all car accidents that result in injury are caused by some form of distracted driving according to the National Highway Traffic Safety Administration (NHTSA). Based on data from the fatality analysis reporting system (FARS), distracted drivers account for almost 450,000 car accident related injuries and almost 5,500 fatalities per year annually. Distracted driving practices cause over 600 deaths per year in California alone. Our Los Angeles car accident attorneys provide diligent legal representation of injury victims involved in collisions with drivers who are not paying attention to the road.
The most significant driver distraction involves the use of cell phones for talking and text messaging while driving. When a driver talks or texts on a cell phone, a driver is distracted visually, manually and mentally. Although California has passed laws to discourage cell phone use while driving, some practices are still permitted and many drivers choose to ignore the restrictions. Gaps in the legislation have facilitated the ability of drivers who choose to ignore anti-cell phone use laws to continue this dangerous practice with virtual immunity.
California has made it illegal for any driver regardless of age to talk on a cell phone although adults may do so with a faith hands-free device like a Bluetooth. The problem with this prohibition is that a number of studies have revealed that hand-free restrictions do not appear to have any impact on auto accident rates or the severity of injuries. Additionally, California law prohibits all cell phone use either for talking or texting by novice (new teen) drivers, but it is only a secondary violation. If a teenager is engaged in a phone conversation with a Bluetooth an officer may not pull the driver over unless the teen is violating some other law. These gaping holes in the safety prevention provided by California’s laws regulating cell phone use while driving put many drivers at unnecessary risk of suffering a catastrophic injury or fatality. We would hope to see California apply the rule for bus drivers to all drivers, which requires absolutely no use of cell phones for talking or texting while driving.
The current legal framework for cell phone use while driving in California is also faulty because it can be difficult to enforce violations under the current legislative scheme. If a cell phone user is having a conversation on his or herphone using the speaker, discreetly texting while hiding their phone or surfing the Internet, it is very difficult for police officers to prevent these practices within the current framework of laws regarding cell phone use and driving. Non-communication uses of smart phones are not even addressed by California’s cell phone laws. Further, anyone with a teenager knows that it is easy to discreetly text so that it is not obvious to others. Our dedicated and experienced Los Angeles distracted driving accident attorneys urge all drivers in Southern California to pull over if you must make a phone call while driving. There are a few phone calls urgent enough to risk paralysis, traumatic brain injuries or the death in a Los Angeles car accident.
If you or someone you love suffers serious injury or a loved one dies because he or she is injured in a collision with a distracted driver in Los Angeles or anywhere throughout Southern California, our Southern California distracted driving accident attorneys at Galstyan Law Firm, offer a free consultation so that we can evaluate your claim and outline your legal rights and options. Our knowledgeable team of Los Angeles car accident attorneys has helped hundreds of people in Los Angeles County and throughout Southern California recover tens of millions of dollars to rebuild their lives and move past debilitating car accidents.