Distracted Driving

aftermath of a car accident in Oxnard, California

Distracted Driving Accident Claims In Oxnard, CA

By | Distracted Driving, Oxnard, CA | No Comments

Distracted driving remains a huge public safety problem in our communities. According to information from the Centers for Disease Control and Prevention (CDC), approximately 3,330 Americans are killed and another 365,000 are injured in distracted driving car accidents each and every year.

Victims of distracted driving accidents in Oxnard, CA are entitled to full financial compensation for their losses. Yet, unfortunately, proving that a distracted driver actually caused an accident is far more challenging than it might seem. The big insurance companies often work aggressively against victims, attempting to limit their financial recovery.

To ensure that their legal rights and financial interests are fully protected, distracted driving accident victims should always work with a qualified attorney. For immediate help with your personal injury case in Oxnard, CA please do not delay in contacting the Quirk Law Firm LLP today.

Distracted Driving Is Negligent Driving

California is a pure comparative fault jurisdiction. In essence, this means that parties will be held legally liable for a personal injury in direct proportion to their level of fault for causing that injury. Generally, in a California car accident case, the fault is established by proving negligence. Put another way, you can hold another driver (or their insurance company) liable for your injuries if you can prove that the other driver did something unsafe and that those unsafe actions played a role in causing your accident. Distracted driving is one of the most blatant forms of negligent driving. If you can prove that your accident was caused by another driver’s distraction, then you will be able to hold them liable for your crash.

How to Prove Distracted Driving

Of course, distracted driving is not always easy to prove. In many cases, the car accident victim may not even know that the other driving was texting or talking on the phone at the moment when the crash occurred. Sadly, in all too many cases, drivers will simply lie to responding police officers and insurance companies. These drivers will falsely claim that their attention was always on the road and that they were not affected by any distractions. This is one reason why an auto crash in Oxnard requires a vigorous investigation by a qualified injury attorney. A skilled attorney will be able to determine whether or not distracted driving played any role in your collision. Ultimately, the strong supporting evidence is the key to a successful legal claim. There are many different types of evidence that can help prove the distraction, including:

  • Accidental or intentional admissions by the other driver;
  • The crash report;
  • Police officer testimony;
  • Witness testimony;
  • Cell phone records;
  • Videos or photographs; and
  • Expert crash scene analysis.

Contact Our Car Accident Lawyer Today

At Quirk Law Firm LLP, our top-rated California car accident lawyer Trevor Quirk has extensive experience handling distracted driving accident claims. Mr. Quirk can help you recover the full and fair injury compensation that you deserve. If you were hurt in a crash with a distracted driver in Oxnard, CA, please contact our office today to set up your free legal consultation.

This Blog Was Provided By:
Quirk Law Firm, LLP
4222 Market Street, Suite C
Ventura, California93003
Phone: 805-650-7778

man texting on phone while driving

Have You Recently Been Injured By Someone Who Was Texting While Driving?

By | Distracted Driving, Texting While Driving | No Comments

Texting while driving increases the risk of crashing 23 times! Distracted driving kills more teenagers than drunk driving.

Texting while driving is a national deadly epidemic. 9 Americans are killed every day in a motor vehicle crash because of a distracted driver. In 2013, 3,154 people were killed and 424,000 people were injured in a motor vehicle crash caused by a distracted driver. In 2014, 1,717 drivers from 15 to 20 years old died in vehicle crashes. That number is sadly increasing. Car crashes are the leading cause of death of 15 to 20 year olds.

Quirk Law Firm LLP, has represented mothers, fathers and children of people killed and injured by distracted drivers.   Quirk Law Firm has requested and filed motions with California Courts seeking punitive damages against distracted drivers and their employers. If you have been injured by someone texting while driving, our injury lawyer in Ventura County may be able to help.

The Dangers of Texting and Driving

According to the Centers for Disease Control and Prevention (CDC), as many as eight people a day are killed while more than 1,000 others are injured as the result of distracted driving behaviors such as texting, making phone calls, sending emails, or even talking to other passengers or changing GPS settings while behind the wheel. Distracted driving increases your risks of being involved in an accident by increasing the likelihood of missing traffic signals, drifting into other lanes, and failing to notice and respond to changes in traffic patterns. The CDC lists three main types of distractions:

  • Visual distractions, which require you take your eyes off the road;
  • Physical distractions, which require you to take your hands off the wheel
  • Cognitive distractions, which divert your thinking and attention.

The CDC states that of all the different types of activities in which drivers engage behind the wheel, texting while driving is particularly dangerous, as it involves all three types of distractions. If you have been involved in this type of accident, it is important to speak with an automobile injury attorney right away.

Compensation For Texting While Driving Accident Injuries

Under the California Vehicle Code, texting while driving is illegal in the state, and drivers who are injured as the result of these types of accidents may be entitled to compensation and punitive damages. The Quirk Law Firm, LLP will assist you in pursuing a claim against an at fault driver through either of the following ways:

  • Through an insurance company claim: While the insurance company may attempt to downplay or even deny your claim, we negotiate on your behalf, investigating and uncovering evidence such as drive cam videos, news footage, cellular phone logs, ambulance records, hospital records, police reports and witness statements to ensure you get the maximum amount of compensation you are entitled to.
  • Through a personal injury lawsuit: If a proper settlement amount cannot be reached, our trial lawyer in Ventura is prepared to file the appropriate court documents to obtain damages including medical expenses, lost wages, and pain and suffering.

Providing The Legal Representation You Need To Get Results

We work on a contingency basis. If we do not recover money for you, you owe us nothing. If you or someone you love has been injured in a texting while driving accident, get the experienced legal representation you need and contact our texting while driving attorney today. The Quirk Law Firm, LLP, we can advise you on how to hold responsible driver’s accountable for the damages they have caused, and assist you in getting the compensation you need to recover. We serve Ventura, California and the surrounding areas.

This Blog Was Provided By:

Quirk Law Firm, LLP

4222 Market Street, Suite C
Ventura, California 93003

Phone: 805-650-7778