California law requires drivers to exercise reasonable care behind the wheel, and distracted driving, texting, handheld phone use, GPS navigation, or eating is a breach of that duty. Under California law, using a handheld wireless device while driving is a violation in itself, and it’s often the clearest evidence of negligence in a pedestrian accident case.
A driver who isn’t watching the road can’t see a pedestrian in a crosswalk, at an intersection, or on a shoulder until it’s too late to stop. Pedestrians have no protection against the force of an impact, and the injuries that follow are frequently severe.
A pedestrian accident attorney at Salamati Law evaluates your losses, long-term prognosis of your injuries, and fights for your right to fair and reasonable compensation. Schedule a free consultation today.
What Is Distracted Driving?
California Vehicle Code §23123 and §23123.5 prohibit handheld cellphone use and texting while driving. However, distracted driving as a legal and practical matter extends to any activity that diverts a driver’s attention from the road. The National Highway Traffic Safety Administration (NHTSA) classifies distractions into three types: visual (eyes off the road), manual (hands off the wheel), and cognitive (mind off driving).
Many common distractions involve more than one type at once.
- Eating or drinking
- Unsecured pets in the vehicle
- Adjusting the radio or in-vehicle technology
- Personal grooming
- Rubbernecking
- Seat repositioning
- Conversations with passengers
- Daydreaming or preoccupation with personal or work matters
Any of these behaviors can support a negligence claim under CVC §21950 if it causes a driver to miss a pedestrian who had the right of way.
Who Is Liable When a Distracted Driver Hits a Pedestrian?
The distracted driver is liable in most pedestrian accident cases, but other parties can share responsibility depending on what caused or contributed to the collision. During our investigation, we identify every potentially liable party, which may include:
- The vehicle manufacturer or a repair facility, if a vehicle malfunction contributed to or caused the accident
- The public entity responsible for the roadway, if malfunctioning traffic signals contributed to the collision, a claim against a government agency must be filed within six months of the accident date.
A pedestrian can also bear partial fault; for jaywalking, ignoring traffic signals, or being distracted by a device while crossing. Under California law, a pedestrian who is partially at fault can still recover compensation, reduced by their percentage of fault.
Common Injuries Pedestrians Sustain in These Accidents
A collision between a vehicle and a pedestrian transfers significant force directly to the body, and pedestrian accident injuries are frequently severe. These include:
- Amputation — Traumatic amputation can occur on impact, or a limb may be surgically amputated afterward if the injury is unsalvageable.
- Broken bones — Fractures are common in the legs, pelvis, hips, and arms, and often require surgical repair with plates, screws, or rods.
- Disfigurement — Lacerations, road rash, and crush injuries can cause permanent scarring or altered appearance, particularly to the face and hands.
- Internal injuries — Blunt force trauma to the chest or abdomen can cause internal bleeding or organ damage that isn’t immediately apparent after the accident.
- Spinal cord injuries — Trauma to the spine can cause partial or complete loss of motor function and sensation below the injury site.
- Traumatic brain injuries — Head trauma from impact with the vehicle or the ground can range from a concussion to permanent cognitive impairment.
Some of these injuries are catastrophic, meaning the person will not fully recover and may require lifelong medical care. A catastrophic injury can also end a person’s ability to work or live independently, which factors directly into the value of a claim.
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What to Do After a Distracted Driver Hits You
Call 911 immediately if you’re able to. Police must respond to the accident, and paramedics can transport you to the emergency room. Seek medical attention even if you feel uninjured; some pedestrian accident injuries, including internal injuries and traumatic brain injuries, don’t produce symptoms right away.
A delay in treatment also gives the at-fault driver’s insurance company room to argue that your injuries are less serious than claimed, or unrelated to the accident entirely.
Document the Scene
Get the driver’s name, license number, and insurance information if you’re able to, along with contact information for any eyewitnesses. Photograph the accident scene, the vehicle, and any skid marks or other evidence of the driver’s actions before impact. If you’re unable to document the scene yourself, ask someone nearby to do it for you. This evidence supports your claim from the outset.
Avoid Admitting Fault
Don’t say anything at the scene that could be construed as admitting fault, even if you believe you may share some responsibility for the accident.
Consult a Pedestrian Accident Attorney
Your next step is speaking with a pedestrian accident attorney who can gather evidence to build your claim, negotiate with the insurance company, and pursue compensation for your losses.
Pedestrian Accident Compensation
Compensation, or damages, in a pedestrian accident case may include:
- Medical expenses, current and future
- Lost wages
- Loss of future earnings
- Property damage
- Loss of enjoyment of life
- Pain and suffering
The amount of compensation generally correlates to injury severity, since more severe injuries typically involve higher medical costs, longer recovery periods, and greater impact on future earning capacity.
Compensation also depends on the driver’s insurance coverage. If the defendant’s insurance is not adequate to cover your damages, your attorney can pursue asset discovery to reach the defendant’s personal assets.
How Salamati Law Can Help You Recover Compensation
We conduct a thorough investigation to prove distracted driving caused your accident. We subpoena the driver’s cell phone records to determine whether they were texting, calling, or otherwise using the device at the time of the collision.
Preserving Time-Sensitive Evidence
Once we’re retained, we issue spoliation letters, formal notices to preserve evidence, to the at-fault driver and other relevant parties. This includes dashcam footage and Event Data Recorder (“black box”) data from the driver’s vehicle, which can show the vehicle’s speed, braking, and other technical data at the time of the accident. Nearby surveillance footage is also critical, and many systems overwrite recordings within days or weeks, so retrieving this evidence quickly is essential.
Building Your Case with Experts
We review medical records and police reports and interview eyewitnesses. We retain medical experts to testify to the nature and severity of your injuries, your ongoing medical needs, and your long-term prognosis. An accident reconstructionist analyzes crash data to recreate the collision and determine how it occurred.
Contact a Los Angeles Pedestrian Accident Lawyer
If you were hit and seriously injured by a distracted driver, you need an experienced Pedestrian Accident Attorney at Salamati Law to protect your rights and help you receive the maximum compensation you deserve for your losses and damages. Schedule a free, no-obligation consultation today. As we work on a contingency basis, you pay no fee unless you receive compensation.
