Distracted driving was a major factor in a Fresno car accident in which a car went through the living room of a house. According to an ABC News report, the crash occurred the night of June 12, 2010 at a home near the intersection of Ashlan and Palm. The driver apparently told police that he lost control of the car after his cell phone fell between his legs. As he bent down to pick it up, the car veered straight into the home's garage and the living room. Emergency workers examined a child who was in the house. Police say the child was uninjured. The driver possibly faces criminal charges.

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It is indeed fortunate that no one in the house sustained catastrophic injuries or was killed in this horrific crash. I'm relieved that the child was examined and found to be unharmed.

Distracted Driving Statistics and Laws

According to California Highway Patrol's statistics, the number of citations issued for hand-held cell phones has increased in California – from 7,779 in July 2008 to 12,761 in July 2009. Since the hand-held law became effective, CHP officials have issued a total of 173,616 citations for violations. According to the National Highway Traffic Safety Administration (NHTSA), all forms of distracted driving caused 515,000 personal injuries and 5,870 fatalities in 2008, nationally.

California law prohibits drivers from texting or using a handheld cell phone while driving. According to California Vehicle Code Section 23123 (a): "A person shall not drive a motor vehicle while using a wireless telephone unless that telephone is specifically designed and configured to allow hands-free listening and talking, and is used in that manner while driving."

Liability Issues

Distracted driving is as dangerous as drunk driving. If this driver is determined to have been driving while talking on the cell phone or texting, he should be held criminally and civilly liable for the damages he has caused. In any incident where a distracted driver causes injuries or death, victims or their families would be well-advised to contact an experienced Fresno personal injury lawyer, who will stay on top of the investigation and make sure that the negligent parties are held liable. A knowledgeable car accident lawyer will also be able to advise victims about how their car insurance policy might apply to an incident where the at-fault motorist is uninsured or underinsured.

Do you drive while talking on a handheld phone or texting? Do you know of family members or friends who do so? We would like to hear about your opinions on this important issue.

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.