Distracted Driving Car Accidents in Banning

Distracted drivers are both an extremely common and extremely dangerous hazard on just about every major roadway in the Golden State, including on interstate highways like I-10. Unfortunately, that means distracted driving car accidents in Banning happen more frequently than they should, and they often result in serious injuries and losses.

When you are hurt in a car crash that you believe was caused by someone not paying attention behind the wheel, they should pay for your accident-related damages. The only way to make sure that happens is to demand a private settlement or file a lawsuit, either of which a seasoned car accident attorney from Walter Clark Legal Group could help you pursue.

Holding a Distracted Driver Liable for a Car Crash

While it is not always treated as a ticketable traffic offense like going over the speed limit or even an outright criminal offense like drunk driving, distracted driving can still serve as the basis for a personal injury claim in many situations. This is because licensed drivers who let their focus wander away from the road are violating the legal duty of care they have to act safely and lawfully behind the wheel. Any such breach of duty that is the direct and primary cause of an injury requiring professional medical care qualifies as negligence, which the injured person can build a civil claim around.

Someone found liable for a distracted driving car crash in Banning can be held financially accountable for every short- and long-term form of harm the collision will cause for the injured person filing suit, including:

  • Lost enjoyment of life
  • Physical pain and discomfort
  • Psychological trauma and suffering
  • Lost work income or working capacity
  • Medical bills and car repair/replacement costs not already covered by insurance

Notably, California law prohibits uninsured motorists from seeking recovery for non-economic damages like pain and suffering in most situations, even if someone else is entirely to blame for their wreck.

Getting Past Legal and Procedural Obstacles to Recovery

Another possible roadblock worth knowing about in advance is comparative fault—the degree to which an injured person is at fault for causing their injury through their own negligence. Court precedent in California holds that any person assigned a percentage of comparative fault for a distracted driving car wreck in Banning will have whatever final damage award they receive reduced by that same percentage.

In addition, California Code of Civil Procedure § 335.1 gives most people injured through the negligence of another just two years at most to file suit after initially sustaining harm. Failing to file suit within this time limit will result in the case being thrown out of court because it is time-barred, and the injured person will have no legal means of recovering financially for that particular incident.

A Banning Attorney Could Help Sue Over a Distracted Driving Car Accident

Distracted drivers can and should be held responsible for any harm they cause other people to suffer through preventable auto accidents. With that said, effectively demanding compensation for the effects of a distracted driving car accident in Banning can be much more challenging in practice than it might seem in theory, as any experienced attorney could tell you.

Fortunately, you have assistance available from the knowledgeable legal team at Walter Clark Legal Group, who can work diligently from start to finish of the legal process to get you paid everything you deserve. Learn more by calling today.

Walter Clark Legal Group

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