A 43-year-old man sustained serious injuries in a San Diego motorcycle accident the evening of April 24, 2010, which officials say, was caused by a distracted driver. The San Diego Union-Tribune reports that the female driver who hit the motorcyclist was talking on the cell phone while driving south on Comstock Street close to Comly Street in Linda Vista. The 25-year-old driver then lost control of her SUV, crossed over to the opposite lanes and struck the motorcyclist. He was also run over and dragged by the SUV. The woman has been arrested on suspicion of reckless driving, driving with a suspended license and outstanding warrants. The motorcyclist apparently suffered severe leg injuries and was taken to an area hospital for treatment.

I hope the motorcyclist did not suffer major injuries and wish him the very best for a quick and full recovery. He will be in my thoughts and prayers.

Distracted Driving Statistics

According to the National Highway Traffic Safety Administration (NHTSA), in 2008, nearly 6,000 people died and more than 500,000 were injured in car accidents involving a distracted driver. Also, research conducted by Carnegie Mellon shows that driving while using a cell phone reduces the amount of brain activity associated with driving by 37 percent. Drivers who use hand-held devices are four times as likely to get into crashes serious enough to injure themselves. Other studies have shown that using a cell phone while driving, hand-held or hands-free – delays a driver's reactions as much as having a blood alcohol concentration of 0.08 percent, which is the legal limit in California.

Laws and Liability Issues

California law prohibits drivers from texting or using a handheld cell phone while driving under California Vehicle Code Section 23123 (a). Victims who have been injured by negligent drivers would be well-advised to contact an experienced California personal injury lawyer who will help hold the negligent parties accountable. In this particular case, where the driver was apparently unlicensed, it is highly unlikely that she possessed any type of car insurance policy. In such cases victims may be able to get compensated through the uninsured motorist clause in their own insurance policy.

How can law enforcement agencies better enforce distracted driving laws?

None of the parties mentioned in this article are represented by us at the time this article was posted. The source of our information is cited in the article. If you were involved in this incident and have questions as to your rights and options, call a reputable law firm for a consultation. Do not act solely upon the information provided herein. The BISNAR | CHASE personal injury law firm will provide free, confidential consultation to "not at fault" persons and their family members if you mention your source was the “Personal Injury Law Journal." They can be reached at 866-456-5235 during California business hours.