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.
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Quirk Law Firm, LLP
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