What Is Distracted Driving Under California Law?
California Vehicle Code Section 23123 prohibits drivers from using handheld phones while driving. California Vehicle Code Section 23123.5 specifically bans texting while driving. These laws apply to all drivers on California roads and violations can be used as evidence of negligence in a personal injury claim.
Distracted driving falls into three categories. Visual distractions involve taking your eyes off the road, such as looking at a phone screen. Manual distractions involve taking your hands off the wheel, such as eating or adjusting controls. Cognitive distractions involve taking your mind off driving, such as daydreaming or emotional conversations.
Common Types of Distracted Driving in Los Angeles
The most common forms of distracted driving in Los Angeles include texting or using a smartphone, talking on a handheld phone, eating or drinking while driving, adjusting GPS or navigation systems, changing music or radio stations, applying makeup or grooming, talking to passengers, and daydreaming or emotional distraction.
How Distracted Driving Accidents Happen on Encino Roads
Ventura Boulevard, the 101 Freeway, and the intersections throughout the San Fernando Valley are among the most congested roads in Los Angeles County. Stop-and-go traffic combined with driver distraction creates dangerous conditions. Rear-end collisions, sideswipe accidents, and intersection crashes are the most common types of distracted driving accidents in Encino and the surrounding communities. According to the National Highway Traffic Safety Administration, distracted driving claimed 3,308 lives in a single recent year.
How to Prove a Driver Was Distracted
Proving distraction requires thorough investigation. Attorney Anthony Girgis gathers evidence including phone records showing calls or texts at the time of the crash, witness statements from other drivers or pedestrians, traffic camera or dashcam footage, police reports noting driver behavior, social media posts made around the time of the accident, and vehicle data from event data recorders. Insurance companies will often argue that their driver was not distracted. Having an experienced attorney who knows how to obtain and present this evidence is critical to winning your case.
What Compensation Can You Recover?
If you were injured by a distracted driver in Encino or the San Fernando Valley, you may be entitled to compensation for medical expenses including past and future treatment, lost wages and lost earning capacity, pain and suffering, emotional distress, property damage, and punitive damages in cases of extreme negligence. California follows pure comparative negligence, meaning even if you were partially at fault you can still recover compensation reduced by your percentage of fault.
What to Do After a Distracted Driving Accident
Call 911 and get a police report. Document the scene with photos and video. Get contact information from all witnesses. Seek medical attention immediately even if you feel fine. Do not give a recorded statement to the other driver’s insurance company. Contact Girgis Law Firm for a free consultation before accepting any settlement offer. Insurance companies move quickly to minimize your claim. The sooner you contact an attorney the better positioned you are to recover maximum compensation.
Why Choose Girgis Law Firm?
Girgis Law Firm has recovered millions for accident victims across the San Fernando Valley. Attorney Anthony Girgis provides direct access throughout your case — not a case manager or paralegal. There are no upfront fees and you pay nothing unless we win. We offer a free consultation to review your case and explain your options. Our office is conveniently located in Encino near Ventura Boulevard and the 101 Freeway.