James McKiernan Lawyers
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Auto Accidents

Successful Results Achieved in
Over 15,000 Auto Accident Cases

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Motorcycle Accidents

Largest Motorcycle Accident Injury Verdicts
in San Luis Obispo County

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Truck Accidents

Even Professional Drivers Can Cause an Accident

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Serious Injury

Over $200 Million Recovered in
Settlements and Verdicts for Victims

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Dog Bites

Resolving Cases Quickly, Efficiently, so that You
Can Focus on Your Recovery

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Death Cases

Offering Support, Assistance and Representation
After the Tragic Loss of a Loved One

Distracted Driving Accidents

Involved in a Car Crash Due to Someone Else’s Texting?

Our Distracted Driving Accident Attorneys Help Victims Recover

Distracted driving is at an all-time high. Since the rise of smart phones, distractions are not just available, they are consistently trying to get our attention. Especially when using our phones for the purpose of driving using a map feature, seeing a text message can be hard to ignore. Unfortunately, when a driver is not only distracted, but also engaging in other activities such as texting, the road becomes a much more dangerous place. Injuries sustained in any car crashes range from minor to catastrophic. If a driver chooses to be negligent by texting and driving you may hold the responsible party accountable for your damages.

Discussing your claim with an experienced car accident attorney should be one of your first steps after seeking medical attention if you are injured in an accident in San Luis Obispo. A lawyer can assist you in filing a claim and can fight for your rights in negotiations and/or the courtroom. If you suffer injury in a traffic collision that involved texting and driving, then seek quality representation from distracted driving accident attorneys at James McKiernan Lawyers. We regularly represent individuals injured in crashes on Highway 101, Pacific Coast Highway, and 227 coming into San Luis Obispo.

What Are Different Types of Distracted Driving?

The use of electronic devices while driving is a serious problem on the roadways. Most people believe that they will be the exception to this risky behavior and choose to do it regardless of the potential consequences. Unfortunately, texting and driving is not the only type of driver distraction that causes accidents. Distraction can occur in any number of ways, including:

  • Eating, drinking or Smoking.
  • Adjusting the radio, air conditioning or other accessories on the car.
  • Using maps or reading other materials.
  • Applying makeup, shaving or grooming.
  • Talking to passengers.
  • Managing children.

Any activity that takes a driver’s attention away from using the road safely may be considered distracted driving. All distractions are a danger to drivers, passengers, other motorists, bicyclists and pedestrians. Whenever a driver chooses to get behind the wheel of a car, they are assuming the responsibilities of everyone in the car as well as respecting the others that share the road.

How Dangerous Is Texting and Driving?

A study conducted by The Youth Risk Behavior Surveillance System revealed just how many of young people are using their cell phones while driving. The highest proportion of distracted driving fatalities occurs in young adults from ages 16-20, and 2 out of every 5 high school students who drove in the past month claim to have sent at least one text while driving. The number of deaths associated with texting and driving is devastating, though not surprising given the danger involved when a person texts while driving.

Yet why are people still choosing to drive and text? Is it that people are not realizing that their car is traveling at high speeds because they are normalized to what they should expect? Is it that they feel as though they have a superior importance to others and the rules do not apply to them? Regardless of the reason why, those who choose to text and drive are putting themselves at risk as well as others on the road and should be held accountable as such.

What Are the Penalties for Distracted Driving?

Unfortunately, the penalty for driving while using a cell phone may only lead to fines between $200 and $500, and is usually considered a second-hand offense. However, if a distracted driver injures you in an accident, they may face common law negligence and could face more serious punishments. The distracted driver would then be obligated to pay for medical costs, lost wages, pain and suffering, as well as any other damages the victim underwent. If you have been a victim of an accident involving a driver who was texting, it is important to contact a distracted driver attorney to ensure that you receive fair and timely compensation for your losses.

Car Crash Injury? Call Our San Luis Obispo Car Accident Lawyer

At James McKiernan Lawyers, we are caring, compassionate and willing to fight for what is right in the face of texting and driving accidents. Dealing with car insurance adjusters, paperwork and negotiations can quickly become intimidating and overwhelming. Fortunately, you are not in this alone because we have the knowledge, skill and experience to handle even the toughest of situations. You do not deserve to take a financial hit for an injury that was not your fault. If you suffered injury in an accident in San Luis Obispo due to a distracted driver, then call James McKiernan Lawyers at (805) 242-5325 or contact us online for a free consultation.

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