Irvine Distracted Driving Accidents
While rail service to Irvine is provided by ATSF, and the John Wayne Airport is near the city, most people traveling in the area use cars. Major freeways that pass through or near Irvine include I-5, I-405, State Route 73 (the toll road), State Route 133, State Route 241, and State Route 261. The CDC has found that on average, eight people are killed and more than 1,000 people are injured each day in the U.S. due to distracted driving. Distracted driving accidents are collisions that happen based on one or both drivers doing something that pulls their attention away from the work of driving. These acts that distract the driver can include texting, searching a map, eating, drinking, or adjusting the radio or a GPS. If you are injured in one of these situations, an Irvine distracted driving accident lawyer at Sharifi Firm can help you protect your rights.Holding a Distracted Driver Accountable for a Collision
All drivers owe a duty to use reasonable care to avoid causing injuries, and a failure to do so that causes injuries is negligence. When a plaintiff can establish that another driver breached the duty to use reasonable care and caused their injuries, they can hold that driver accountable for any economic and noneconomic losses. When drivers are on the road, they are supposed to be focusing on the road and keeping themselves alert to respond to changing road conditions.
In most cases, when drivers choose to do acts that take their mind away from observing the road and reacting to problems when they arise, an insurance adjuster and the jury will realize that this is negligent. For example, if you are hit by a driver who was texting while driving in the Irvine area, a distracted driving accident attorney can most likely hold that driver responsible under a theory of negligence or a presumption of negligence per se. There may be a presumption of negligence when there is a safety law violation (such as a violation of the law forbidding texting while driving) that was a substantial factor in bringing about the harm. Even if the jury determines that there was no legal violation or the violation was not a substantial factor in causing the harm, it will still need to decide whether the defendant was negligent.
Sometimes both drivers are distracted, and this combined negligence causes the accident. Under the doctrine of pure comparative negligence, the jury must examine the facts and decide each party's degree of fault for the crash, in addition to determining the damages. If the damages are $120,000, and the other driver is found 50% at fault, you will be able to recover $60,000 from the other driver. Each case is different, and each jury will take its own view of a situation, so retaining an Irvine distracted driving accident attorney is important to make sure that your right to compensation is preserved as fully as possible.
When there are multiple distracted drivers, the analysis gets more complicated. The jury will assign percentages of fault, but the defendants are severally liable for the noneconomic portion of the damages. That means that they are only responsible for an amount of the noneconomic damages (such as pain and suffering, loss of enjoyment, or loss of consortium) up to their degree of fault. By contrast, the defendants can be held jointly and severally liable for the economic damages.
Distracted driving accidents can cause catastrophic injuries, including traumatic brain injuries, spinal cord damage, scarring, paralysis, broken bones, and amputation. If you can establish liability, you should be able to recover all of the damages that naturally flowed from your injuries. These may include medical bills, lost wages, loss of consortium, mental anguish, loss of enjoyment of activities, and household services.Consult a Distracted Driving Accident Lawyer in Irvine
If you were injured in a crash caused by a distracted driver, it is important to determine what contributed to the accident. At Sharifi Firm, PLC, our experienced attorneys can provide knowledgeable legal representation. Contact us at (866) 422-7222 or via our online form if you want to set up an appointment to discuss your case.