There has been distracted driving as early as there has been driving but distraction due to cell phones has found a unique place in the distracted driving world. In 2019 alone, there were 3,142 automobile fatalities nationwide directly linked to distracted driving. Of the roughly 3,606 automobile fatalities in California in 2019, it is estimated that approximately 18 percent or 649 were caused by distracted driving. This is not an insignificant number particularly considering that California first banned handheld cell phone use while driving in 2008.

Why is distracted driving so dangerous? Basically, it is a perfect storm of the three types of distractions that prevent a driver from safely operating their car:

    1. Visual distraction – taking your eyes off the road
    2. Cognitive distraction – your mind is not on driving
    3. Manual distraction – you take your hands off the wheel

Any one of these forms of distraction is enough to cause an accident, but all three combined are an almost full proof recipe for disaster.

Imagine you are driving and hear the familiar ping alerting you to a text message. You make the choice to pick up your phone – therefore taking at least one hand off the wheel, unlock your phone, scroll to find the message and then read it. Reading that text takes your eyes off the road for 4.6 seconds. If you are driving on the highway even at the speed limit of 55 mph you can travel the length of a football field without your eyes on the road. Moreover, your mind is not on driving, it’s reading the text. It can take up to 13 seconds for your mind to re-focus on driving, by which time you may have run into the back of a semi-truck.

Frankly, it is astounding that there are not more traffic fatalities related to distracted driving considering how easy it is to go from being an engaged and involved driver to essentially driving blind. As recently as 2017, the California Highway Patrol (CHP) reported that it issued more than 97,000 citations for violations of the handheld cell phone law. That same year, CHP reported that 22,000 drivers were involved in collisions due to distracted driving. In a survey of California drivers in 2019, almost 60 percent reported that they had been hit or almost hit by another driver who was talking or texting on a cell phone.

California legislators saw these trends and on July 1, 2021, enacted a new law to assess harsher penalties on those who violate the hands-free law. In addition to the fine of $20 for the first violation and $50 thereafter that was already in place, drivers cited under the new law will receive a point on their license for at least three years. This may seem trivial, but a driver may have their license suspended or revoked if they accumulate four points in 12 months, six points in 24 months, or eight points in 36 months. Getting just four hands-free citations in a year can lead to a license suspension.

Even with this escalation of penalties, distracted driving is not going away in California, and you should be vigilant in avoiding becoming a statistic. The best way to do this is to drive intentionally and with purpose. This means being aware and focused while driving, driving defensively knowing that most likely everyone else on the road is at least somewhat distracted, even if it is not by a phone, and not being distracted your own driving.

There is always the chance, however, that you will still be hit by a driver who is distracted so it is still helpful to know what to do in that situation. If you are hit by another driver and you have even a slight hint that they might have been distracted, then you need to be on the offensive from the very start. This means that you need to first see to your own safety and if you are in any danger, get to a safe place. Then, if you are not seriously injured, start documenting everything you can about the accident. Take note – or better video – of the conditions of the road, the weather, the behavior of the other driver, and your own recollections of the crash. If the police are called, give them succinct information and answer their questions to the best of your ability. Get the information from the other driver but avoid having any kind of substantive discussions about fault or your potential role in the accident.

Once you have been cleared to leave the accident scene, get yourself checked out by a doctor or medical professional. While you may not have any visible injuries, accidents are notorious for causing soft tissue injuries that crop up later. Regular medical evaluations will help establish your injuries so that at a later time you can present this as part of your request for damages.

Above all, the most important thing to do next is to contact a qualified and experienced car accident lawyer in Los Angeles. This is particularly critical if you suspect or are concerned that the other driver was distracted by their cell phone. By engaging a car accident lawyer early on, they can take steps to ensure that the other driver does not destroy evidence on their cell phone such as text responses that might be time stamped at the exact time of the accident. The knowledgeable car accident lawyer can also help you deal with your insurance company as well as the insurance company of the other driver, both of which will be only concerned about making you whole based on their definition of whole, which will probably be wildly lower than your definition of whole.

A good car accident lawyer in Los Angeles can do wonders to help you get as much of a recovery as possible from the other driver and from your own insurance company. The earlier you reach out to one after an accident, the better.