Ventura Distracted Driving Accidents
Highways and freeways such as the 101, State Route 33, State Route 126, and State Route 118 run through Ventura. People often pass through it when traveling from Los Angeles to Santa Barbara or the Big Sur. Traffic is often heavy in the area, but drivers still may be distracted behind the wheel. Distracted driving includes any activity that keeps the operator of a car from paying attention to the task of driving. It can include eating, changing the radio station, typing into a GPS navigator, talking, texting, or dealing with pets or kids. Thousands of people are killed by distracted driving each year. At Sharifi Firm, our Ventura distracted driving accident lawyers may be able to help you recover damages if you were involved in this type of accident.Holding a Distracted Driver Accountable for Your Injuries
Drivers cannot drive safely if driving does not have their full attention. Road conditions are constantly shifting, and often sudden movements are necessary to avert a crash. The most dangerous distractions are those that take your eyes off the road for several seconds. Texting on a freeway, for example, can take the driver's eyes off the road for the amount of time that it takes to drive the length of a full football field with the driver's eyes closed. If, for example, someone needs to come to a sudden stop in front of the texting driver, that driver is likely to collide with them. The result could be a chain reaction collision.
If you suspect that another driver caused an accident in which you were injured due to distractions behind the wheel, a distracted driving accident attorney in the Ventura area may be able to recover damages for you. You will most likely need to show negligence by a preponderance of the evidence. That is, your lawyer will need to prove that it is more likely than not that the other driver owed you a duty but breached this duty, and your injuries resulted from the accident.
In most cases, the jury will find that a driver who takes their eyes off the road to engage in some other activity has breached the duty of reasonable care that all drivers owe to each other and pedestrians. For example, if another driver was trying to find their way around an unfamiliar neighborhood and started typing on a GPS navigator, and then they collided with a car that had stopped at a stop sign, it is likely that the driver stopped at the stop sign would be able to show negligence due to distracted driving.
Sometimes two or more drivers are distracted, and their combined negligence produces an accident. Often, the defendant will raise comparative negligence, but a Ventura distracted driving accident attorney can help you try to defeat or limit this strategy. In that case, the jury will evaluate the evidence and arguments, determine damages, and assign percentages of fault to each party. As a plaintiff, your damages will be reduced by an amount equivalent to your percentage of fault.
Suppose, for example, that you were distracted by your pet in the front seat, and another driver was texting while driving and swerved unexpectedly into your lane. Had you not been distracted by restraining your pet, you might have had time to brake or swerve to avoid the collision. The jury might determine that the damages are $100,000, and you were 30% responsible while the other driver was 70% responsible for the collision. You would be able to collect $70,000 from the other driver.
If you are able to establish liability, you can recover compensatory damages. These may include economic and noneconomic losses that flow from the accident, including medical care, lost wages, lost earning capacity, pain and suffering, loss of enjoyment, and replacement services.Consult an Experienced Distracted Driving Accident Lawyer in Ventura
If you were injured or a loved one was killed in a distracted driving accident, it is important to determine what contributed to the accident and vigorously pursue any parties responsible. At Sharifi Firm, PLC, our experienced attorneys can provide knowledgeable legal representation. Contact us at (866) 422-7222 or via our online form to set up a free appointment.