Injured by a distracted driver in Bakersfield, CA? Contact the top Bakersfield distracted driving accident lawyer to seek compensation.
Distracted driving, whether texting, scrolling, eating, or adjusting navigation, puts drivers, passengers, and pedestrians at serious risk on Bakersfield roads.
When a motorist fails to pay attention and causes a crash, you may be left dealing with painful injuries, rising medical bills, lost income, and insurers focused on minimizing their payouts. Proving distraction can be challenging without experienced legal guidance, especially when insurance companies argue fault or push quick settlements before you understand the full extent of your damages.
At Kuzyk Personal Injury & Car Accident Lawyers, our personal injury law firm understands how to build strong distracted driving cases using cell phone records, vehicle data, witness statements, and accident reconstruction. We investigate every aspect of your collision to show how the other driver’s inattention caused your injuries and work to counter insurance tactics that undervalue your claim.
With decades of experience representing Bakersfield injury victims, we pursue maximum compensation for your medical care, lost wages, pain and suffering, and long-term recovery needs. Contact us today for a free consultation and discover how we can help you seek the compensation and justice you deserve.
What Are Distracted Driving Accidents?
Distracted driving occurs when a motorist diverts their attention from safely operating their vehicle. This dangerous behavior puts everyone on Bakersfield’s roads at risk of serious injury or death, with pedestrian accident victims facing particularly devastating outcomes.
California law prohibits drivers from using handheld devices while driving under Vehicle Code Section 23123.5. This means drivers cannot talk on their phones, send text messages, or use apps without a hands-free device.
However, distracted driving involves more than just cell phone use. Any activity that takes a driver’s eyes off the road, hands off the wheel, or mind off driving constitutes dangerous distraction.
Common types of distracted driving include:
- Texting or talking on phones: Even hands-free conversations can be mentally distracting.
- Eating or drinking: Reaching for food or beverages while driving.
- Grooming activities: Applying makeup, shaving, or adjusting hair.
- Adjusting controls: Changing radio stations, GPS settings, or climate controls.
- Interacting with passengers: Turning to talk to backseat passengers or pets.
Role of a Bakersfield Distracted Driving Accident Attorney
A skilled Bakersfield distracted driving accident attorney understands California negligence laws and how they apply to your case. We know the tactics insurance companies use to avoid paying fair settlements to injury victims.
Kuzyk Personal Injury & Car Accident Lawyers represents clients against major insurance carriers throughout Kern County. These companies prioritize profits over people, often offering quick settlements that fail to cover your actual damages.
When you hire our firm, we become your advocate in all communications with insurance adjusters. We handle negotiations while you focus on recovering from your injuries and getting your life back on track.
Our attorneys also understand the litigation process and are prepared to take your case to trial if necessary. Sometimes the threat of a lawsuit motivates insurance companies to offer fair compensation.
How Kuzyk Personal Injury & Car Accident Lawyers Help Distracted Driving Victims
Our legal team provides comprehensive representation for distracted driving accident victims throughout Bakersfield and the surrounding areas. We handle every aspect of your case from initial investigation through final resolution.
First, we conduct a thorough investigation to gather evidence proving the other driver was distracted at the time of your crash. This often requires quick action to preserve cell phone records, surveillance footage, and witness statements.
We also work with accident reconstruction experts when necessary to demonstrate how the collision occurred. These professionals can analyze skid marks, vehicle damage, and other physical evidence to support your claim.
Throughout the process, we keep you informed about your case’s progress and explain your legal options in plain English. You never pay attorney fees unless we successfully recover compensation for your injuries.
Proving Negligence in Distracted Driving Cases
Proving another driver was distracted requires demonstrating four key elements of negligence under California law. Your attorney must show that the defendant owed you a duty of care, breached that duty, caused your accident, and resulted in actual damages.
All drivers have a legal duty to operate their vehicles safely and follow traffic laws. When someone chooses to text, eat, or engage in other distracting activities while driving, they breach this duty of care.
The most challenging aspect is often proving that the driver was actually distracted at the time of your accident. Insurance companies frequently deny distraction claims unless you have strong evidence, similar to how they challenge drunk driving accident claims without concrete proof of impairment.
Evidence we use to prove distracted driving includes:
- Cell phone records: Call logs, text messages, and data usage at the time of the crash.
- Surveillance footage: Traffic cameras, business security cameras, and dashcam videos.
- Witness testimony: Statements from people who saw the driver’s behavior before the collision.
- Police reports: Officer observations and citations issued at the scene.
What Damages Can You Recover?
California law allows distracted driving accident victims to seek compensation for both economic and non-economic damages. The total value of your case depends on the severity of your injuries and their impact on your life.
Economic damages cover your financial losses with specific dollar amounts. These include medical expenses, lost wages, property damage, and future treatment costs related to your injuries.
Non-economic damages compensate you for subjective losses that don’t have exact monetary values. Pain and suffering, emotional distress, and loss of life enjoyment fall into this category.
Medical expenses often represent the largest component of economic damages in serious injury cases:
- Emergency treatment: Ambulance transport, emergency room care, and initial surgery.
- Ongoing care: Physical therapy, specialist consultations, and rehabilitation services.
- Future treatment: Projected medical costs for long-term injuries or disabilities.
- Medical equipment: Wheelchairs, crutches, or other assistive devices.
Common Injuries From Distracted Driving Accidents
Distracted driving accidents can cause a wide range of injuries depending on the speed and angle of impact. Some victims suffer minor injuries that heal within weeks, while others face permanent disabilities.
Whiplash and soft tissue injuries are common in rear-end collisions caused by distracted drivers.
More severe crashes often result in traumatic brain injuries, spinal cord damage, or broken bones.
These catastrophic injuries typically require extensive medical treatment and long-term rehabilitation.
Head injuries deserve special attention because they can have lasting effects on your cognitive function and quality of life. Even mild concussions can cause memory problems, headaches, and difficulty concentrating for months after an accident.
Steps to Take After a Distracted Driving Accident
The actions you take immediately after a distracted driving accident can significantly impact your ability to recover compensation. Your safety should be your top priority, but documenting the scene is important as well.
Call 911 to report the accident and request medical attention if anyone is injured. Police officers will create an official accident report that serves as valuable evidence for your claim.
If you’re physically able, take photos of vehicle damage, the accident scene, and any visible injuries. Also, collect contact information from the other driver and any witnesses who saw what happened.
Important steps to protect your claim:
- Seek medical attention: Get evaluated by a doctor even if you feel fine.
- Avoid recorded statements: Don’t give detailed statements to insurance adjusters without legal representation.
- Keep detailed records: Save all medical bills, repair estimates, and other accident-related documents.
- Contact an attorney: Speak with a qualified lawyer before accepting any settlement offers.
California’s Statute of Limitations for Personal Injury Claims
California law gives injury victims a limited time to file lawsuits against negligent drivers. The statute of limitations for most personal injury claims is two years from the date of the accident.
This deadline applies whether you’re seeking compensation through an insurance settlement or filing a lawsuit in court. If you miss this deadline, you typically lose your right to pursue compensation permanently.
However, some exceptions can extend or shorten this timeframe. Claims against government entities often have much shorter deadlines, sometimes as little as six months from the date of the accident.
Starting your case early gives your attorney more time to investigate and build a strong claim. Evidence can disappear quickly, and witness memories fade over time.
How Insurance Companies Handle Distracted Driving Claims
Insurance companies use various tactics to minimize payouts on distracted driving claims. They may argue that you were partially at fault for the accident or that your injuries aren’t as severe as you claim.
Adjusters often try to obtain recorded statements from accident victims before they hire attorneys. These statements can be taken out of context and used to deny or reduce your claim later.
Another common tactic is to offer quick settlements before you fully understand the extent of your injuries. These offers rarely cover all your damages, especially if you develop complications or need ongoing treatment.
California’s comparative negligence law allows you to recover damages even if you’re partially at fault for an accident. Your total compensation gets reduced by your percentage of fault, but you can still pursue a claim.
Why Choose Kuzyk Personal Injury & Car Accident Lawyers
Kuzyk Personal Injury & Car Accident Lawyers brings extensive experience to distracted driving cases in Bakersfield and throughout Kern County. We have helped many clients recover compensation for their injuries.
Our local knowledge gives us an advantage when dealing with Bakersfield courts, judges, and insurance companies. We understand how these cases typically unfold and what strategies work best for our clients.
We offer personalized attention to every client, not the assembly-line approach used by some large firms. You’ll work directly with experienced attorneys who care about your case’s outcome.
Our contingency fee arrangement means you don’t pay attorney fees unless we win your case. This allows injury victims to access quality legal representation regardless of their financial situation.
Bakersfield Distracted Driving Accident FAQs
How Long Do I Have to File a Distracted Driving Lawsuit in California?
You typically have two years from the accident date to file a personal injury lawsuit under California’s statute of limitations. However, claims against government entities may have much shorter deadlines, so it’s important to consult an attorney quickly.
Can I Still Recover Compensation if I Was Partially at Fault?
Yes, California’s comparative negligence law allows you to recover damages even if you share some fault for the accident. Your total compensation will be reduced by your percentage of fault, but you can still pursue a claim.
What Evidence Do I Need to Prove the Other Driver Was Distracted?
Strong evidence includes cell phone records showing calls or texts at the time of the crash, witness statements describing the driver’s behavior, surveillance footage, and police reports noting distracted driving. Your attorney can help gather this evidence through legal processes.
Contact Kuzyk Personal Injury & Car Accident Lawyers Today
If you’ve been injured by a distracted driver in Bakersfield, don’t face the insurance companies alone. The experienced legal team at Kuzyk Personal Injury & Car Accident Lawyers is ready to fight for the compensation you deserve.
We offer free consultations to discuss your case and explain your legal options. Our attorneys work on a contingency fee basis, so you pay nothing unless we successfully recover compensation for your injuries.
Don’t wait to protect your rights. Contact Kuzyk Personal Injury & Car Accident Lawyers today to schedule your free consultation and take the first step toward getting your life back on track.
