Distracted driving is dangerous and, too often, deadly. More than 50 people die, on average, every week from distracted driving nationwide, according to federal statistics from the National Highway Traffic and Safety Administration (NHTSA). Historically, California has had more than its share of fatal distracted driving accidents as, in past years, roughly 9-10% of all such accidents happened in this state. Whether a distracted driving accident hurt you or killed your loved one, California law may entitle you to sue for substantial compensation, so be sure to reach out to an experienced San Mateo injury attorney right away.
Recently, CBS San Francisco reported on a local accident that, thankfully, did not end in any deaths. According to the San Mateo Police Department, a white Range Rover SUV crashed into a building in the 4100 block of South El Camino Real. No one was hurt in the crash, according to the CBS report.
The CBS report also noted that, although the police department did not release an official cause for the accident, the department did provide a hint on its Facebook page. The department’s social media post read, “There are many things that cause us to lose focus while driving: drugs/alcohol/medication, age, health issues, distractions in the car & out. Pay attention to the road and avoid anything that will take your focus away from your one goal, to arrive safely at your destination.”
If you are hurt because someone else was driving while distracted, one of the things you should do as soon as reasonably possible is retain the services of an experienced attorney. The sooner you have legal counsel, the sooner your legal team can set to work collecting the evidence you’ll need to win your case.
Doing the right discovery to get the evidence you’ll need
Like a lot of vehicle accident cases, your distracted driving case will require doing investigation of the accident scene – and doing it quickly – in order to collect physical evidence that might be lost if you wait too long. It will also involve investigating police records, to see if the driver who hit you was cited or was charged criminally. That kind of proof may be extremely beneficial, as it may allow you to use an additional theory of liability called “negligence per se,” which applies if a driver has been found (or pled) guilty to some sort of criminal transgression, including certain traffic violations.
Unlike other vehicle accident cases, however, you’ll almost certainty want to obtain a copy of the other driver’s cell phone service records, as they may hold proof that the other driver was using his/her phone at the time of the accident (and what that driver was doing on his/her phone in that moment.) Were they texting? Taking a selfie? Posting on Instagram? Documented evidence of this usage may make your case immensely stronger.
Beyond that, your case may also benefit from experts like medical professions and economic/vocational experts, who can provide the jury with a clearer picture of how you were hurt, what you’ve lost and what those losses have cost you.
Whatever evidence you need for success, the right legal team can help you get it and then piece it together into a winning case. Rely on the experienced San Mateo injury attorneys at the Law Offices of Galine, Frye, Fitting & Frangos to help you get the results you need. Our car accident attorneys have many years of experience helping injured people and their families to use the legal system and succeed. To set up a free consultation with one of our helpful attorneys, contact us at 650-345-8484 or through our website.