Rancho Cucamonga Distracted Driving Accidents
Rancho Cucamonga is a suburban city in San Bernardino County with a population of about 165,000 residents. It is served by major highways such as I-15, the 210 Freeway extension, and U.S. Route 66. If you were hurt in a car accident on one of these highways or on another road in Rancho Cucamonga, it is quite possible that the other driver was distracted. Distracted driving accidents can result in catastrophic injuries, including complex fractures, traumatic brain injuries, spinal cord damage, internal organ injuries, burns, and disfigurement. A moment's inattention by another driver can result in expensive and sometimes permanent harm to you. At Sharifi Firm, our Rancho Cucamonga distracted driving accident lawyers may be able to represent you in a lawsuit for damages if another driver's distracted behavior caused your injuries.Bring a Claim Based on a Distracted Driving Accident
A driver needs to be distracted for only a second or two to cause serious harm to others with whom they share the road. Numerous activities can be considered distracted driving, including making a phone call, texting, eating, fixing your makeup, playing a game, using an app, watching a video, sending an email, adjusting a music system, or inputting an address into a GPS navigator. Texting is considered among the most dangerous of these distractions, since the average person can travel the length of a football field with their eyes away from the highway while texting.
To establish the negligence of a distracted driver, a distracted driving accident attorney in Rancho Cucamonga will need to show that it is more likely than not that the other driver owed you a duty of care, which they breached, and therefore caused your injuries and losses. Any type of distraction can result in a breach of the duty to use reasonable care.
However, in some cases, a certain duty of care is codified as a safety law or regulation. For example, drivers are prohibited by law from holding cell phones while driving as of January 1, 2017. If a driver is cited for holding a cell phone, and there is a causal connection to an accident, it may be possible to hold that driver responsible for any resulting injuries under a theory of negligence per se (negligence as a matter of law). Negligence per se applies when the defendant breaks a safety law, thereby causing injuries of the type that the law was designed to prevent. Negligence per se tends to be favorable for plaintiffs because it usually shifts the focus of the case away from liability, which is clear-cut, toward the extent of damages.
Often, a distracted driver turns around and tries to blame the accident partly or fully on the victim. If the defendant raises the defense of comparative negligence, the jury will evaluate all of the evidence, determine the damages, and assign a percentage of fault to each party. Your damages will be reduced by an amount equal to your proportion of fault. Suppose that, for example, the damages are $80,000, but your fault is 20% and the other driver's fault is 80%. In that case, you will be able to recover $64,000 from the other driver.
Damages that a Rancho Cucamonga distracted driving accident attorney may be able to help you recover include all of your economic and noneconomic losses. Economic losses may include medical expenses, household services, out-of-pocket expenses, lost wages, medications, and medical equipment. If you suffer a catastrophic injury, it may be necessary to make alterations to your home, such as installing a wheelchair ramp to make it possible for you to get in and out of your house. It may also be necessary to hire part-time or full-time help for serious paralysis and traumatic brain injuries.
Noneconomic losses that you may be able to recover include loss of consortium, mental anguish, loss of enjoyment of life, mental anguish, and pain and suffering. These damages can vary dramatically depending on the skill of your trial attorney and your testimony related to how your life has changed as a result of your injuries.Consult a Vigorous Distracted Driving Accident Lawyer in Rancho Cucamonga
If you are injured in a distracted driving accident, it is important to hire an experienced and aggressive attorney to pursue your damages. Sharifi Firm, APC may be able to help you hold the appropriate parties responsible. Contact us at (866) 422-7222 or via our online form. We represent victims in many Southern California cities.