Gilbert Distracted Driving Accident Lawyer

In the bustling community of Gilbert, navigating the intersection of responsibility and technology has become a central challenge for drivers. When the act of glancing at a phone leads to a serious accident, the legal and personal consequences can be tragic. If you’re facing criminal charges resulting from causing a collision while distracted, hiring a Gilbert distracted driving accident lawyer is an urgent priority. Look no further than Luis P. Guerra, L.L.C.

Attorney Luis P. Guerra has more than 25 years of experience providing rigorous defense for clients in the East Valley who are grappling with the fallout of an accident involving allegations of negligence caused by distraction. Our firm is dedicated to protecting your driving privileges, mitigating potential jail time, and advocating for a favorable outcome in the Gilbert Municipal Court on East Civic Center Drive.

Distracted driving is no longer just an occasional problem, but a public safety crisis. The National Highway Traffic Safety Administration emphasizes the scale of the issue, reporting that thousands of lives are lost nationwide each year because of distracted driving-related crashes.

In 2023, Arizona saw 3,275 fatalities in distraction-involved crashes, where at least one driver was distracted. The problem is significant enough that the state took decisive action by enacting a statewide hands-free law that makes it illegal to talk or text on the phone while driving, unless the driver has the device in a hands-free mode.

The Arizona Department of Transportation also continuously tracks crashes where distracted or inattentive driving is a factor. This is because these incidents constitute a major portion of non-alcohol-related collisions on roads like the Loop 202 and Santan Freeway.

The penalties for a conviction, even a misdemeanor, can affect your future, leading to significant fines, points on your license, and increased insurance premiums. For any distracted driving accident case, understanding the specifics of Arizona’s laws is paramount.

Under Arizona’s primary legislation regarding distracted driving, the hands-free device ban, a violation goes beyond simply talking on the phone. It also includes:

• Holding a portable electronic device, even if not actively using it
• Writing, sending, or reading text messages
• Viewing, recording, or transmitting video
• Engaging in any internet browsing activity

When a distracted driving charge is compounded by an accident, prosecutors in Maricopa County may seek to upgrade the offense, arguing that your inattention caused substantial injury or death. Unlike minor traffic infractions, a collision transforms the legal landscape into a complex criminal defense matter, demanding an experienced car accident attorney who can dissect the evidence and challenge the prosecution’s claims.

A conviction for an offense stemming from a distracted driving accident in Gilbert can result in more than just a fine. In Arizona, if a distracted driving violation results in serious injury or death, the charges can escalate to reckless endangerment or even vehicular homicide, depending on the severity of the offense.

These charges carry mandatory prison sentences. Furthermore, a criminal record impacts employment, housing, and educational opportunities long after the case is closed. If you are facing a serious charge related to distracted driving, hire a distracted driving accident lawyer immediately to protect your constitutional rights and begin building a robust defense.

At Luis P. Guerra, L.L.C., we meticulously review every piece of evidence, from the police body camera footage to the vehicle’s electronic data recorder, to make sure your rights were protected throughout the process.

The following are some of the countless things your distracted driving accident lawyer from Luis P. Guerra, L.L.C., can do for you:

• Evidence collection. Evidence that the other drivers were distracted is key to a successful claim. Your personal injury attorney in Gilbert can gather security footage, medical or police reports, phone records, and other supporting evidence to show negligence.
• Speak with insurance companies. Your insurance provider may claim to care about helping people, but in reality, their only priority is profit. Your lawyer can argue with insurance companies, using their legal knowledge to appeal any denials or potentially negotiate a higher payout.
• Settlement negotiations. Less than one percent of all civil cases, which include distracted driving accident claims, are settled before a court verdict becomes necessary. Your Gilbert attorney can use their years of experience to fight for a settlement you deserve.
• Trial litigation. In the rare chance that your case goes to trial, your lawyer can represent you throughout all litigation. Trials can be lengthy and complex. Having someone on your side who has been in similar cases can make a positive impact on your case.

How Does a Distracted Driving Citation Affect an Arizona Driver’s License?

A How a distracted driving citation affects an Arizona driver’s license depends on whether or not it’s a first-time violation. A first-time violation is a civil penalty resulting in a fine between $75 and $149, while repeat offenses can jump to $250.

Unlike moving violations like speeding, these citations currently don’t result in points being added to an Arizona driving record. However, if the distraction causes an accident involving serious injury or death, criminal charges and license suspension are likely.

Are There Specific Exceptions to the Hands-Free Law for Emergencies?

Yes, there are specific exceptions to the hands-free law for emergencies. Arizona law allows drivers to use a handheld device to report an emergency, such as a fire, traffic accident, or medical crisis, to emergency responders. Additionally, the law doesn’t apply to drivers who are legally parked or stopped at a red light, although staying alert is advised. Public safety employees operating emergency vehicles are also generally exempt while performing duties.

Can You Be Cited for Distractions Other Than Electronic Devices?

Yes, you can be cited for distractions other than electronic devices. Arizona’s “Reasonable and Prudent” speed law and general reckless driving statutes allow officers to cite drivers for any behavior that prevents safe vehicle operation.

This includes cognitive distractions like handling pets or grooming. If these actions cause erratic driving or an accident, you can be charged with inattentive or reckless driving.

Is Eating While Driving Illegal in Arizona?

No, eating while driving isn’t illegal in Arizona. However, while the law doesn’t explicitly prohibit eating while driving, if eating causes a driver to be inattentive and leads to a traffic violation or accident, they could potentially be cited for a lesser, non-distraction-specific offense, such as civil speeding or failing to control their vehicle.

How Much Does a Distracted Driving Attorney Cost in Gilbert, AZ?

The cost for your Gilbert distracted driving attorney depends on the details of your case, such as how many parties are involved, the amount of evidence, the cooperation of the negligent party, and the work hours it takes. A simple accident with video proof of the other driver on their phone will generally be cheaper than one with no witnesses, serious injuries, and a lengthy trial. Your lawyer can provide an estimation for how much your final bill may be.

Is There a Distracted Driving Law in Arizona?

There is a distracted driving law in Arizona for the operation of a phone or other wireless communication device while operating a vehicle. Arizona Revised Statutes 28-914 allows for the use of a device while stopped or parked, as well as hands-free phone calls. It does not specify for other distractions, such as eating or having a heated conversation with another passenger.

What if You Are Partially at Fault for a Distracted Driving Accident in Gilbert, AZ?

Some people involved in accidents may wonder if they can file a distracted driving accident claim in Gilbert if they are partially responsible for what occurred. Arizona is a comparative negligence state, meaning that you may be eligible for damages if you were partly responsible for any injury. You can get compensation as long as you can prove the other driver was distracted and liable.

What to Do if a Distracted Driver Hits You in Gilbert?

What you do right after a distracted driver hits you can make a difference in your case. The first thing you should do is check for any injuries that require immediate medical attention. If you and other passengers are uninjured, exchange contact and insurance information with the driver who hit you. Next, collect evidence of the scene. Photos of the crash, witness testimonies, and video recordings can help prove the other driver was negligent.

If you’ve been involved in an accident and believe you may be charged with a crime related to distracted driving, time is not on your side. Evidence can quickly become unavailable, and witness memories may fade. The moments immediately following a crash near the popular SanTan Village Marketplace or anywhere along the I-10 corridor require swift legal action.

Personal injury attorney Luis P. Guerra is prepared to act quickly, preserving critical data and crafting a formidable defense uniquely tailored to your needs. Contact the office of Luis P. Guerra, L.L.C., today for a confidential consultation to discuss your specific distracted driving accident case and determine the right path forward.