West Covina Distracted Driving Accident Attorney

A driver who looks at a phone for only a few seconds can travel a significant distance without fully watching the road. In traffic, at an intersection, or while changing lanes, that brief loss of attention can be enough to cause a serious collision.

The Law Firm of Oscar A. Ischiu represents people injured by distracted drivers in West Covina, throughout the San Gabriel Valley, and across Los Angeles County. When distraction may have contributed to a crash, evidence from the scene, witness accounts, electronic records, and the driver’s actions before the collision can all become important in determining what happened.

If you were injured because another driver was texting, holding a phone, using an app, or otherwise failing to pay attention to the road, the circumstances should be investigated as early as possible.

What Is Distracted Driving?

Distracted driving includes any activity that takes a driver’s eyes, hands, or attention away from safely operating a vehicle. Cell phones are one of the most common sources of distraction, but they are not the only one.

Common examples include:

• Reading or sending text messages
• Holding or operating a phone while driving
• Using social media or other apps
• Entering directions into a navigation system
• Taking photographs or recording video
• Eating or drinking
• Adjusting vehicle controls or entertainment systems
• Reaching for objects inside the vehicle
• Becoming distracted by passengers or pets

Traffic-safety agencies commonly describe distraction as visual, manual, or cognitive. A visual distraction takes the driver’s eyes away from the road. A manual distraction takes a hand away from the vehicle controls. A cognitive distraction takes the driver’s attention away from driving. Some activities, particularly interacting with a handheld phone, can involve all three at once.

California’s Hands-Free Phone Law

California generally prohibits drivers from holding and operating a handheld wireless telephone or similar electronic device while driving. Adult drivers may use hands-free features, and a properly mounted phone may be operated in the limited manner permitted by California law.

The California DMV advises drivers to mount phones where they do not obstruct the driver’s view and to limit physical interaction with a mounted device to the permitted single swipe or touch. Drivers under 18 face stricter restrictions on using wireless devices while driving.

A violation of California’s hands-free requirements can be relevant evidence in a personal injury claim when phone use contributed to a collision. The important question is not simply whether the driver received a citation, but whether distraction caused or contributed to the unsafe driving that produced the crash.

How Do You Prove a Driver Was Distracted?

Distracted driving is not always obvious after an accident. Unlike vehicle damage or skid marks, a driver’s attention immediately before impact may leave little visible evidence at the scene.

Depending on the circumstances, evidence may include:

• Statements made by the drivers after the crash
• Witness accounts of the driver looking at or holding a phone
• Photographs or video from the scene
• Dashcam or surveillance footage
• Phone or electronic records when legally obtainable and relevant
• Vehicle data and the position of the vehicles after impact
• Police reports and citations
• The absence of braking or other evasive action before impact

California Highway Patrol notes that distracted-driving behavior can be difficult to document because it may leave little physical evidence and drivers may not admit they were distracted. That makes prompt evidence preservation particularly important.

Distracted Driving and Fault After a Car Accident

California personal injury claims generally require evidence showing that another person acted negligently and that the negligence caused the claimant’s injuries and losses.

Evidence that a driver was texting, manipulating a phone, looking away from traffic, or violating a safety law can help establish why the collision occurred. This can be particularly important in crashes where the physical damage alone does not clearly establish fault, such as intersection collisions, unsafe turns, lane-change crashes, and sideswipe accidents.

California also follows comparative fault rules. If more than one person contributed to an accident, responsibility can be divided among them according to their respective share of fault.

Injuries and Damages From Distracted Driving Accidents

A distracted driver may fail to brake, slow down, or take evasive action before impact. Depending on the speed and type of collision, victims can suffer injuries ranging from temporary pain to long-term impairment.

A personal injury claim may include compensation for losses such as:

• Medical expenses
• Future medical care when supported by the evidence
• Lost income
• Reduced earning capacity
• Property damage
• Pain and suffering
• Emotional distress
• Loss of enjoyment of life

The value of a claim depends on the circumstances of the collision, the available insurance coverage, the nature of the injuries, and the evidence supporting the losses claimed.

Help After a Distracted Driving Accident in West Covina

Distracted-driving cases often depend on proving what the other driver was doing in the moments immediately before the crash. Evidence can disappear quickly, and some forms of electronic or video evidence may not remain available indefinitely.

The Law Firm of Oscar A. Ischiu represents personal injury clients in West Covina, throughout the San Gabriel Valley, and across Los Angeles County. The firm can investigate the circumstances of the collision, preserve available evidence, deal with the insurance companies involved, and pursue compensation supported by the facts of the case.

If you believe a distracted driver caused your accident, contact the firm to discuss what happened and what options may be available. Services are available in English and Spanish, and personal injury matters are handled on a contingency-fee basis.