Distracted Driving Accident Attorney

Updated: August 20, 2021

daniel kim law firm for distracted driver accidents

Why Contact a Distracted Driving Lawyer

The legal system in California is a never ending mess of court dates, motions, etc.

If you or a loved one were injured in an automobile crash due to a distracted driver then you will want contact us today for immediate help.

The aftermath of a car crash is overwhelming with doctor appointments, physical therapy, talking to insurance companies, etc.

The Law Offices of Daniel Kim are very experienced in cases that deal with distracted driving.

Call us for a FREE consultation today and get answers to your questions.

Daniel Kim and his legal team make our clients health and recovery our #1 priority.

We have offices all over California, and you only pay us after we win your case.

We will fight the insurance companies for you, and we will make sure you get maximum compensation.

stop after an accident

Distracted Driving Laws in California

California has millions and millions of drivers on the roads and highways, and this all adds up to motorcycle accidents, car crashes, truck accidents and more.

California does have a law that bans all drivers from using handheld cellphones while driving, but that law doesn’t affect passengers.

There are a few exceptions to this rule:

You can make an emergency call to law enforcement, fire department, or medical aide

Those operating authorized emergency vehicles can use a phone

If you are driving on private property you can use a handheld phone

** A violation of the handheld cellphone ban will not count as a point on your driving record.

The police are authorized to pull you over for breaking this law.

hands free accidents

Hands Free Cell Phone Laws in California

There are specific rules that apply to drivers and hands-free cellphones.

The total fine for a first time violation will probably exceed $150 and a second offense might easily cost you over $250.

Drivers 18 and Older

Drivers who are 18 years of age (or older) are allowed to use hands-free phones when driving.

For these drivers they can use a Bluetooth device (or other earpiece) but can’t cover both ears.

The law also permits drivers over 18 to use the speakerphone function on a wireless phone.

Drivers Younger Than 18

For drivers under 18 years old the law is much more restrictive.

Drivers under 18 cannot use a pager, laptop, wireless phone, or any electronic communication device even if it’s hands-free.

Again, there is an exception for using a wireless device in an emergency situation.

California has imposed heavy fines to try to get people to stop texting and driving.

distracted driver accident lawyer

Examples of Distracted Driving

Being a “distracted driver” could include any task that takes your attention off the road.

Texting, emailing, or using a mobile device are the most common activities that are associated with distracted driving.

There are many activities that are considered as “distracted driving” according to the official US government website which include:


Eating while driving

Reading (includes maps)

Watching a video

Using a cell phone or smartphone

Using the mirror for applying makeup

Using a navigation system

Let’s not forget that many drivers will do more than one of these activities simultaneously.

And trust us, talking on a cell phone while driving and adjusting the radio is just inviting a crash.

The reality is that driving is dangerous enough even when you follow the law, but when you start taking your eyes off the road, your chances for an accident increase immensely.

Safety experts classify distractions into 3 main category types:

Manual distractions are when you remove your hands from the wheel.

Cognitive distraction is when your mind wanders, and you don’t pay attention to driving.

Visual distractions are those for which you focus your eyes away from the road.

distracted driving injuries

Distracted Driving Causes Serious Injuries

Sadly you read everyday about somebody being injured in a car accident involving a distracted driver.

Distracted drivers can be on a motorcycle, in a truck, driving for Uber, or just driving an old Honda.

In other words there really is no “common distracted driver type”.

We see cases that involve distracted drivers who are 18 years old or 65 years old.

The injuries suffered from these accidents be minor, major, and sometimes even a fatality.

Some of the common injuries we see in distracted driving accidents include –

Back and neck

Brain / head

Broken bones / fractures

Amputation / loss of limb

Wrongful death

Spinal cord

If you or a loved one was injured in a car accident by a distracted driver then contact The Law Offices of Daniel Kim today for a Free consultation.

distracted drivers

Distracted Driving Statistics

Numbers don’t always tell the whole story, but when it comes to stats for car accidents, the numbers certainly jump out at you.

11% of fatal car crashes and 15% of injury crashes were distraction affected in 2015.

Teenagers have a crash rate 3 times higher than drivers who are 20 years or older.

Over 58% of teen crashes are due to distracted driving.

In 2015 there were over 3400 people killed and an estimated 390,000 injured in distracted driving crashes.

There have been numerous studies done over the years about the risks of distracted driving.

And there are some major differences in the data depending on what type of vehicle you drive.

trucks and heavy vehicles

For trucks and heavy vehicles

Dialing on a cell phone made the risk of a crash about 5.8 times higher compared to non-distracted.

Speaking or listening to a cell phone made the risk of an accident 1 times as high as non-distracted.

Text messaging made the odds of a crash (or near crash) about 23 times higher as non-distracted.

Drivers are 7 times more likely to crash when they are using or reaching for an electronic device.

For light cars and vehicles

Dialing a cell phone made it almost 3 times more likely to cause a crash, compared to a non-distracted driver.

If a driver reaches for a cell phone they are 1.5 times more likely to crash compared to non-distracted drivers.

Speaking or listening to a cell phone made the risk of a crash about 1.3 times more likely when compared to non-distracted driver.

Distracted Driving Facts

Sending or reading text messages takes your eyes off the road for about 5 seconds on average.

People using cell phones are 5 times more likely to get into a wreck than non-distracted drivers.

A University of Utah study showed that people who talk on a cellphone while they drive are equally impaired to a driver with a .08% blood-alcohol reading.  Wow.

Text messaging will increase the risk of a car crash by about 23 times. (Virginia Tech Transport Institute).

Distracted driving leads to almost 5000 deaths a year in the United States.

Even when people put away their phone, they are still distracted for up to 26 seconds.

Over 650,000 drivers are using their cellphones while driving at any given minute.


Daniel Kim Law Offices Can Help

If you have been injured in a car accident due to the negligence of a distracted driver then you need to call us today for a Free consultation.

Our distracted driving lawyers have many years of experience holding negligent drivers (and their insurance company) accountable for their actions.

Don’t fight the insurance companies alone.

We offer our clients an aggressive and dedicated legal team to make sure that your needs are met.

We won’t just settle with the insurance company to get an easy payday, we’ll ensure you get maximum compensation for the injuries you suffered.

Teen Drivers and Distracted Driving

It is not surprising that teenage drivers are the most likely to be distracted behind the wheel.

A past AAA study found that teenagers are distracted while driving about 25% of the time.

That is an alarming stat when you think about it, 1 out of 4 times a teen is distracted while behind the wheel.

In a similar study, AAA found that almost 60% of teenage car accidents that involved a fatality, had some form of distracted driving.

The 2 most common type of distractions that teenagers deal with while driving are using a cell phone, and having passengers in the vehicle that occupy their attention.

The sad part is that most teen drivers think that texting is no big deal while they drive. Scary.

If you or a loved one was injured in a distracted driving accident, please remember you have rights.

Contact The Law Offices of Daniel Kim today and get answers.