A car accident can leave you with many serious, life-altering injuries. In the aftermath, it can be difficult to balance your recovery with filing a claim. If you were hurt by a negligent driver, an Elk Grove distracted driver accident lawyer can help you with your case and fight to get the compensation you deserve.

Our team at Guenard & Bozarth, LLP, has spent decades representing the people of Elk Grove, Sacramento, and surrounding Northern California cities. We handle cases ranging from minor injuries to severe incidents with settlements worth millions. Our senior attorney, Glenn Guenard, has over 38 years of legal experience. He was voted Advocate of the Year by the Capitol City Trial Lawyers Association and Best of the Bar by the Sacramento Business Journal.

Distracted driving is a serious public health issue in California. A 2024 study reported that around 74% of drivers named distracted driving as their biggest safety concern when driving. Statewide, 148 people were killed in distracted driving crashes in 2022. You don’t have to be on the Golden State Highway or Elk Grove Boulevard for disaster to strike. 

Distracted driving occurs when a driver’s attention is taken away from operating their vehicle. The main types of distractions are:

  • Visual – Searching for something in the car, looking at the side of the road, or turning to a passenger
  • Cognitive – Daydreaming, talking to another passenger, thinking of problems, or experiencing emotional distress
  • Manual – Eating, adjusting a dial on the center console, or reaching for a dropped item

Texting – Combines visual, cognitive, and manual distraction. This is why California has laws banning the use of a phone or other handheld electronic devices while driving.

Distracted driving accident claims fall under the purview of personal injury law in California. These cases center around proving that the other parties involved were negligent or acted recklessly. The deadline to file a personal injury claim against a negligent driver is two years from the date of the incident. This makes it essential to act swiftly when you are a victim of a distracted driving accident. 

The first step for a personal injury claim is to collect evidence that demonstrates the other driver was acting irresponsibly. This can take the form of photos and videos of the accident site, witnesses, and police reports. Medical records from your hospital visit are also necessary to prove any injuries sustained in the accident. 

Next, file an official claim against the other driver. This claim includes some of the evidence you gathered, details of the incident, and a demand for compensation. At this point, most cases are settled before proceeding to trial, with much negotiation between parties.

You may need to speak with both your insurance company and that of the other driver. It is crucial to provide only the absolute facts, such as the time and date of the accident, and to avoid giving a recorded statement without legal counsel. Anything said to either provider can potentially hurt your chances of receiving just compensation.

Distracted driving accident claims can be complex and frustrating to navigate when recovering from injuries. Hire a distracted driver accident lawyer who can assist you with your case and advocate on your behalf.

Your Elk Grove distracted driver accident attorney can guide you through all stages of your case. They can aid in gathering supporting evidence, obtaining witness statements, and drafting the initial documents for your claim.

A lawyer from our law firm can negotiate with the negligent party to secure fair compensation. If your case goes to trial, they can represent you in the Superior Court of California, County of Sacramento. Your distracted driver accident attorney can fight to get the results you deserve.

Q: How Much Does a Distracted Driving Accident Lawyer Cost in California?

A: How much a distracted driving accident lawyer costs in California depends on the severity of the case, its complexity, and the time required to reach a settlement. A claim involving minor injuries and a defendant eager to settle tends to cost less than one involving life-changing injuries that require lengthy litigation. Another contributing factor is the billing structure, with injury lawyers charging hourly rates, retainer expenses, or a flat fee for specific situations. 

Q: Can You Receive Compensation if You Are Partially Responsible for an Accident in Elk Grove?

A: In Elk Grove, you may be eligible for compensation if you are partially responsible for a distracted driving accident. California is a pure comparative negligence state, meaning you are allowed damages in relation to your level of fault in the incident. If you seek $100,000 in compensation and are found to be 30% at fault, you can still receive up to $70,000 in payment. 

Q: What Damages Are You Eligible for in a California Distracted Driving Accident Case?

A: The main types of damages you are eligible for in a California distracted driving accident case are economic and non-economic compensation. Economic damages cover the financial impact of the incident, such as medical bills, lost income, loss of earning capacity, and property damage. Non-economic damages refer to pain and suffering, emotional distress, disfigurement, and any other personal harm the accident caused. 

Q: How Long Do Distracted Driver Accident Claims Take in California?

A: How long a distracted driver accident claim takes in California may depend on the complexity of the case, the evidence involved, and both parties’ willingness to settle. A claim involving minor injuries and overwhelming evidence of negligence could be resolved more quickly than one involving multiple parties and requiring a trial. Your distracted driver accident attorney can provide an estimated timeline for how long your case may take.

Our Elk Grove team at Guenard & Bozarth, LLP, is prepared to assist you through this challenging time. We have the knowledge, skills, and experience that can make a positive difference in your case. 

Contact us today for an initial consultation, where we can learn the details of your case and discuss potential legal pathways forward. You may also visit our Elk Grove office, located off the Elk Grove Boulevard and Elk Grove Florin Road intersection, a few blocks from the Elk Grove Library.

Elk Grove Practice Areas

VEHICLE ACCIDENTS

We will promptly investigate your car, motorcycle or truck crash to pursue maximum damages.

INJURIES ON PROPERTY

If you were injured by someone’s animal or unsafe property, we hold that owner accountable

Wrongful Death

Wrongful death is a legal term referring to a person who is fatally injured as a result of the negligence of another person or entity.

PERSONAL INJURY

We fight back when legitimate claims are unfairly denied by insurance companies.

INSURANCE BAD FAITH

Bad faith litigation is becoming more common as the insurance industry continues to engage in dishonest practices that trample the rights of policyholders.

INSURANCE COMPANIES KNOW US BECAUSE THEY’VE PAID OUR CLIENTS HUNDREDS OF MILLIONS OF DOLLARS.

$2.9

MILLION

CAR ACCIDENT INJURY

Guenard & Bozarth llp obtained a $2,962,903 jury verdict in the Sacramento County Superior Court for plaintiff David Schoonover, who suffered head and neck injuries and fractures in a head-on accident on Roseville Road in Roseville on July 22, 2012

$300

THOUSAND

HAIR SALON INJURY

Guenard & Bozarth LLP recently settled a case for $300,000 involving a hair weave that went terribly wrong. Our client was a young lady, and aspiring model, who experienced pressure necrosis from a tight weave and it changed her life.

$500

THOUSAND

SLIP & FALL INJURY

Guenard & Bozarth LLP recently settled a slip and fall case for $500,000 a couple weeks before trial. The client slipped and fell on a wet piece of cardboard in a grocery store and sustained a serious shoulder injury that required surgery.

$300

THOUSAND

NEGLIGENCE INJURY

On February 13, 2013 Maricela, a Certified Nursing Assistant presented to Santa Barbara Cottage Hospital Emergency Room with complaint of neck and back pain. She was diagnosed with a neck strain and was given Ibuprofen and instructed to return if her symptoms did not subside.

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Never in my life did I think I would recommend an attorney. Somehow God sent this angel of an attorney to assist me in my personal injury lawsuit. I was told by lawyers in Bakersfield that my lawsuit was frivolous because there was money in it.
– Bill
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I live in Elk Grove where we don’t always have a lot of choices. Lawyers are one area where we have few good choices. I wanted to work with a local law firm after my motorcycle accident, and I chose Glenn Guenard and Ross Bozarth.
– Lloyd
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My daughter was involved in an automobile accident in an intersection on her 17th birthday. The other person said it was her fault and my daughter said her light was green. I am not the sort of person who sues but my insurance
– Sharon
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