Distracted Driving Accident Lawyer in Encino
Ventura Boulevard and the intersection of Hayvenhurst Avenue see thousands of vehicles daily, making Encino a hotspot for traffic incidents. While most drivers try to stay safe, a single moment of a distracted driver looking at a phone can change your life forever. If you are dealing with broken bones, property damage, or the loss of a loved one following a collision with a distracted driver, you need a legal team that understands the specific traffic laws and court systems of the San Fernando Valley.
At V&A Law Firm, we see the aftermath of these crashes every day. A distracted driving accident often results in severe injuries because the negligent drivers fail to brake before the impact. Our firm provides the aggressive advocacy required to hold these individuals accountable. We speak English, Spanish, and Farsi to ensure every member of our community has access to high-quality legal guidance.
If a distracted driver caused your injuries, do not wait to seek legal help. Call us at (818) 369-3270 for a free 15-minute case evaluation. We work on a contingency fee basis, so you do not pay us unless we win your case.
Why You Need an Encino Distracted Driving Accident Lawyer
Proving that the other driver was not paying attention requires more than just your word against theirs. California follows a comparative negligence system, meaning insurance companies often try to shift the blame onto you to reduce their payout. We work to establish liability by conducting a thorough investigation into the accident scene.
Our attorneys have spent half a century combined handling motor vehicle claims. We do not just wait for an insurance claim to settle; we prepare every case as if it is going to trial. This readiness to litigate often forces insurance adjusters to offer a more reasonable amount for your medical expenses and lost income.
Understanding California Distracted Driving Laws
California has some of the strictest rules in the country regarding cell phone use while driving. Under California Vehicle Code Section 23123.5, a person shall not drive a motor vehicle while holding and operating a handheld wireless telephone or electronic wireless communications device unless the device is specifically designed and configured to allow voice-operated and hands-free operation.
The only exception for most drivers is if the device is used in a hands-free manner, such as being mounted on the dashboard or windshield and activated with a single swipe or tap. These laws exist because driver distractions are a leading cause of serious accidents on our roads. When a driver violates these statutes, it can be used as evidence of negligence per se. This legal doctrine suggests that if a driver breaks a law designed to protect the public and causes an injury, they may be presumed to be negligent.
Types of Driver Distractions
Most people think of texting when they hear about a distracted driving case, but distractions fall into three distinct categories:
- Manual Distractions: Anything that causes a driver to take their hands off the wheel, like eating, reaching for a bag, or adjusting the radio.
- Visual Distractions: Anything that takes the driver’s attention away from the road, such as looking at a GPS or staring at an accident on the side of the 101 Freeway.
- Cognitive Distractions: Anything that takes the driver’s mind off the task of driving, including talking to passengers or daydreaming.
Whether the crash involved other vehicles, e-scooter riders, or pedestrians, identifying the specific distraction is vital. We use phone records and video surveillance footage from local businesses in Encino to prove that the other party was driving distracted.
Steps to Take After a Distracted Driving Accident
The moments following a crash are chaotic, but the actions you take can significantly impact your distracted driving claim. First, prioritize medical assistance. Even if you feel fine, internal injuries or whiplash may not show symptoms immediately. Seeking medical care creates a paper trail of medical records that links your injuries directly to the accident.
Next, ensure that police reports are filed. When officers arrive at the accident scene, tell them if you saw the other driver using a cell phone or looking down. Their official report serves as a foundational piece of evidence. If you are physically able, try to gather evidence yourself by taking photos of the vehicle positions and obtaining witness statements from people nearby.
Finally, avoid speaking with insurance adjusters from the other driver’s company before consulting a personal injury attorney. These adjusters are trained to get you to admit fault or accept a low settlement before you know the full extent of your physical pain and lost wages.
California Statute of Limitations for Personal Injury
Under California Code of Civil Procedure Section 335.1, you generally have two years from the date of the accident to file a lawsuit for personal injury. If your claim is against a government entity, such as a city-owned bus, the deadline is much shorter; you must typically file an administrative claim within six months. Missing these deadlines usually results in the loss of your right to seek compensation through the court system.
How We Build Your Distracted Driving Case
At V&A Law Firm, we take a comprehensive approach to every driving accident. We do not just look at the police report. We dig deeper to collect evidence that others might miss. Our process includes:
- Securing Cell Phone Records: We can subpoena phone records to see if the driver was texting or browsing the web at the exact time of the impact.
- Analyzing Data: Many modern vehicles have event data recorders that record speed and braking patterns.
- Interviewing Witnesses: We speak with other parties and bystanders to confirm the distracted driver’s behavior.
- Reconstructing the Accident: We work with local experts to show how the driver’s attention wandered.
Our goal is to seek fair compensation for our clients. This includes covering your current medical bills and any future treatment you might need, along with compensation for your emotional distress and property damage.
Compensation Available Under California Law
Victims of a distracted driving accident are entitled to seek both economic and non-economic damages. Economic damages are quantifiable costs like medical expenses, lost income, and the cost of repairing your vehicle. Non-economic damages cover the less tangible effects of an accident, such as physical pain, suffering, and the loss of enjoyment of life.
Because we have secured over $350 million for our clients, we know how to calculate the true value of a claim. We understand that a serious injury affects the whole family, not just the individual involved. We fight for compensation that reflects the reality of your recovery process.
Local Expertise in Encino and Los Angeles
Choosing a law firm with local legal experience matters. Our attorneys are familiar with the Los Angeles Superior Court system and the specific procedures used in local branches like the Stanley Mosk Courthouse. We know the major thoroughfares like Ventura Boulevard, Balboa Boulevard, and the local shortcuts where accidents frequently occur. This local knowledge allows us to better explain the context of your accident to a jury or an insurance company.
Whether your accident involved e-scooter crashes near a park or a multi-car pileup on the freeway, we have the resources to handle it. Our legal team is committed to providing the personalized attention you deserve during this difficult time.
Work with a Dedicated Driving Accident Lawyer
The legal process can feel overwhelming when you are trying to heal. By hiring a driving accident attorney from V&A Law Firm, you transfer the burden of the paperwork, negotiations, and investigations to us. We handle all communications with the insurance companies so you can focus on your medical care.
We believe that every victim deserves high-quality legal representation regardless of their financial situation. This is why we operate on a contingency fee basis. If we do not win your case, you owe us no attorney fees. Our commitment is to your recovery and your legal rights.
Schedule Your Free Case Review
If you are ready to take legal action against a negligent driver, our team is here to help. We offer a free 15-minute case evaluation to discuss establishing liability and how we can help you move forward.
Contact V&A Law Firm today at (818) 369-3270 to speak with a compassionate distracted driving attorney. We are ready to fight for you.