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Understanding Your Rights If You Were Involved in a Car Accident Due to a Distracted Driver

The entire state of California consists of a complex web of highways and many other major thoroughfares. Navigating the roads can be difficult and stressful, especially when you consider all the traffic hazards out there. Car accidents occur for several reasons, with distracted driving among the more common causes. Distracted driver car accidents also often result in serious bodily injury or death.

Before hitting the road, you should always understand your rights as a driver when an accident involving a distracted driver occurs. Here’s what you need to know from our San Diego car accident attorneys:


What Are The Driver’s Responsibilities As a Result of a Distracted Driver Car Accident?
As a driver, it’s your legal obligation to drive in a reasonably safe manner – you must avoid causing injury and property damage to other people while on the road. You must also adhere to traffic laws and pay attention to the road conditions around you.

When an accident occurs in California, all drivers must stop what they’re doing and exchange information. If any injury occurs, all parties involved must provide reasonable assistance. Drivers also have a limited amount of time to contact law enforcement and report the incident.



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How Does Liability Work After a Car Accident Because of a Distracted Driver?
Many accidents that occur in California are the result of distracted driving. This usually (but not always) constitutes a breach of duty, which every driver owes while using public roads. This particular duty (also known as your “duty of care”) is when you have to perform reasonable actions to avoid causing injury to other drivers. If someone fails to fulfill their duty, the courts will deem that person liable for damages caused by an accident. Keep in mind that California also determines liability according to comparative negligence, which means that both parties can be liable for a certain percentage of an accident.

Also, damages caused by a car accident, not only a distracted driver car accident, fall under two categories: economic and non-economic damages. Here’s what they cover:

Economic Damages:

  • Hospital bills and other related medical expenses
  • Loss of wages and other forms of income
  • Loss of future business opportunities
  • Cost to repair property damage

Non-Economic Damages:

  • Pain, suffering, and emotional anguish
  • Diminished quality of life

The main takeaway here is that when someone fails to uphold their duty of care, they’ll be at fault for any accident that occurs in California. Although distracted driving is one of the more common examples of negligence, other examples include disobeying traffic laws and driving under the influence.


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Contact HHJ Trial Attorneys Today If You Have Been in a Distracted Driver Car Accident
We understand how daunting it can be to pursue a personal injury claim and seek compensation for your injuries. Dealing with insurance companies will only add to the frustration that you’re experiencing. However, an experienced car accident attorney can help you navigate the entire process.

Here at HHJ Trial Attorneys in San Diego, we have a team of experts who can represent you in negotiation talks with the insurance companies. We ensure that you’re able to hold the at-fault party accountable for an accident that causes you severe financial and medical damages. Schedule an appointment with us today, and we can immediately begin reviewing your case.


Testimonial from Darth, Injured Car Accident Victim
I would like to give HHJ Trial Attorneys, in particular Elliot Jung, Esq., a heartfelt thank you for your help in resolving my accident/injury settlement case. Thank you! Mr. Jung was thorough, professional, and stayed with my case long after I had thought it wasn’t possible. I appreciate the dedication and grant my full recommendation. Job well done, thank you again!

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