In California, despite your best efforts to stay safe on the road, you may still encounter drivers who are inattentive behind the wheel. Distracted driving accidents have increased in the US and particularly in California. In 2021 alone, 3,522 people died in distracted driving crashes nationwide, and 140 of those fatalities occurred in California, according to the National Highway Traffic Safety Administration.
Orange County was among the top five California counties with distracted driving casualties that year, with 10 fatalities and 38 serious injuries, reports UC Berkeley.
If you’ve been injured and are facing huge bills due to a distracted driver, know that you have legal options to get compensated. Here’s what you need to know about Orange County distracted driving accidents, and how to claim the compensation you deserve. For more legal advice on your situation, please reach out to our trusted car accident attorney.
What is Distracted Driving in Orange County, California?
Distracted driving is defined as any activity that diverts a driver's attention from the primary task of operating a vehicle safely. In Orange County, California, distracted driving can take many forms, including:
- Texting or using a cell phone, smartphone, or other mobile device – This is one of the most dangerous forms of distracted driving as it involves manual, visual, and cognitive distractions simultaneously.
- Eating or drinking – Eating or drinking while operating a vehicle can cause one's focus to be off the road. A nationwide poll in 2024 revealed that 59% of American drivers eat or drink behind the wheel.
- Adjusting the radio, CD player, or navigation system – Taking your eyes off the road, even for a few seconds, can be extremely hazardous. Consider this: in just two seconds of inattention, your car may travel 170 to 200 feet – enough distance to collide with other road users.
- Applying makeup or grooming – Activities that require you to take your hands off the wheel and your eyes off the road are considered distracted driving.
- Interacting with passengers, including pets – Loud conversations, unruly behavior, or tending to pets can significantly impair a driver's ability to focus on the road.
Distracted driving is a serious issue in Orange County, as it can lead to devastating accidents, injuries, and fatalities. It's crucial for drivers to remain attentive and avoid any activities that could divert their attention from the task of driving safely. Even a momentary lapse in concentration can have catastrophic consequences, especially at high speeds.
The Impact of Distracted Driving Accidents
Distracted driving accidents can result in a wide range of injuries, from minor cuts and bruises to life-altering disabilities or even death. Some common injuries sustained in these accidents include:
- Traumatic brain injuries (TBIs)
- Spinal cord injuries
- Broken bones
- Whiplash
- Soft tissue injuries
- Psychological trauma.
These injuries can have long-lasting effects on victims and their families, both physically and emotionally. In addition to the physical pain and suffering, victims may face mounting medical expenses, lost wages due to inability to work, and a diminished quality of life.
Orange County Distracted Driving Laws
In Orange County, California, distracted driving laws are in place to combat the dangerous and often deadly consequences of drivers taking their attention off the road. These laws aim to promote safe driving practices and hold offenders accountable for their negligent actions.
Cell Phone Use Restrictions
California has implemented strict laws regarding cell phone use while driving. It is illegal for drivers of all ages to use a handheld cell phone or electronic device while operating a motor vehicle. This includes activities such as:
- Making or receiving phone calls
- Texting while driving
- Browsing the internet or using apps
- Taking photos or videos.
Drivers are only permitted to use their cell phones in a hands-free mode, such as with a mounted device or Bluetooth connection. However, even hands-free use can be a distraction and is discouraged.
Other Distracted Driving Prohibitions
In addition to cell phone restrictions, California enforces laws against reckless driving. This can encompass many dangerous driving behaviors such as:
- Eating or drinking while driving
- Applying makeup or grooming
- Reading or writing
- Adjusting the radio, CD player, or navigation system
- Interacting with passengers or pets in an unsafe manner.
Distracted Driving Laws for Teen Drivers in Orange County
Teen drivers in Orange County, California are subject to specific distracted driving laws aiming to promote safe driving habits and reduce the risk of accidents. These laws are designed to address the unique challenges faced by inexperienced drivers and the increased likelihood of distraction.
Cell Phone Use Restrictions
In California, it is illegal for drivers under the age of 18 to use a cell phone or any other mobile device while operating a vehicle, even with a hands-free device. This includes making or receiving calls, texting, browsing the internet, or using apps. The only exception is for emergency situations when calling law enforcement, a fire department, or other emergency services.
Passenger Restrictions
Teen drivers in California are also subject to passenger restrictions during the first 12 months after obtaining their license. During this period, they cannot transport passengers below 20 years old, unless they are accompanied by a licensed driver aged 25 or older. This restriction aims to minimize distractions caused by peer passengers, which can increase the risk of accidents among young drivers.
Penalties for Distracted Driving
A person who violates distracted driving laws in Orange County can face significant penalties, including fines, driving record points, and increased insurance rates. In cases where distracted driving leads to an accident resulting in injury or death, the offender may face more severe consequences, including criminal charges and civil liability.
If you’ve been the victim of a distracted driver, you may have the right to claim compensation from their insurance or file a civil lawsuit for personal injury. Talk to a personal injury attorney to find the legal avenue most suited to your situation and see how you can pursue a successful injury claim.
Determining Liability: Holding Distracted Drivers Accountable By Proving Negligence
To hold a distracted driver accountable for the injuries and damages they've caused, you'll need to establish four key elements:
Duty of Care
All drivers owe a duty of care to their passengers and other individuals on the road. This means they have a legal obligation to operate their vehicles in a reasonably safe manner and avoid actions that could put others at risk.
Breach of Duty
When a driver engages in distracting activities like texting, talking on the phone, or applying makeup, they breach their duty of care. These actions divert their attention from the road, increasing the likelihood of an accident.
Causation
You or your lawyer must prove that the driver's distracted behavior was the direct cause of the harm you suffered.
Damages
You must have suffered quantifiable damages such as medical expenses, lost wages, property damage, or pain and suffering, as a result of the distracted driving accident.
While these four elements may seem straightforward, proving liability in distracted driving cases can be complex. The duty of care is generally well-established, but demonstrating breach of duty, causation, and damages often requires thorough investigation and strong evidence.
How Our Personal Injury Attorney Can Help You
If you or a loved one has been involved in a distracted driving accident in Orange County, it's crucial to seek legal representation from experienced personal injury attorneys. At Barrios & Machado Personal Injury & Accident Lawyers, our skilled lawyers will fight tirelessly for you to receive the compensation you deserve. We understand the complexities involved in distracted driving cases, and we have the resources and expertise to build a strong case on your behalf. Our attorneys will:
- Conduct a thorough investigation to gather evidence, including witness statements, surveillance footage, and cell phone records.
- Work with accident reconstruction experts to determine the cause and sequence of events leading to the accident.
- Negotiate with insurance companies to secure a fair settlement that covers your medical expenses, lost wages, and other damages.
- Represent you in court if the insurance company refuses to offer a reasonable settlement.
We at Barrios & Machado have served Californians for decades, representing drivers, passengers, pedestrians, and others who have been harmed in auto accidents.
Contact an Experienced Distracted Driving Accident Attorney Today
If you or someone you love has been involved in a distracted driving accident in Orange County, don't hesitate to contact Barrios & Machado Personal Injury & Accident Lawyers. Our experienced attorneys will provide you with a free, confidential consultation and guide you through the legal process. Call us today at (714) 515-9696 to schedule your appointment and take the first step towards seeking justice and compensation.
