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Caputo & Van Der Walde

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San Jose Distracted Driver Accident Lawyer

San Jose Distracted Driving Accident Attorney

Hurt by a distracted driver? A San Jose Distracted Driver Accident Lawyer at Caputo and Van Der Walde can help you pursue compensation for injuries, lost wages, and more. We fight to hold negligent drivers accountable—don’t settle for less than you deserve.

Caputo and Van Der Walde – Injury & Accident Attorneys has the skill and experience – over 85 years combined – to represent a wide range of car accident claims, including distracted driving accidents caused by smartphones and other distractions.

If you or a loved one has been injured by a distracted driver in Northern California, contact our San Jose personal injury lawyers at Caputo and Van Der Walde – Injury & Accident Attorneys.

We have recovered millions of dollars in compensation for our clients throughout the years and would be honored to put our skills and keen understanding of the law to good use for you as well.

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With over $100M+ in settlements, our firm has a proven history of success and dedication to achieving significant outcomes for our clients.
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The Caputo & Van Der Walde team

Dangerous Forms of Driver Distraction

Safely operating a motor vehicle is an act that requires full attention and nothing less. Every driver who has a license must have taken training and practice courses that enforce the importance of focus and deliberate driving habits. Drivers who allow themselves to become distracted should assume full liability for any resulting accidents, as they arguably knew fully that distracted driving is unacceptable and extremely hazardous. Common forms of driver distraction are:

  • Conversing with passengers
  • Adjusting the radio or GPS
  • Using a smartphone
  • Eating or drinking
  • Personal grooming
  • Reading a billboard

Our San Jose car accident attorneys use the extent of our abilities and resources to pinpoint liability in your case. If you have any reason to suspect the other driver in your crash was distracted at the time of the accident, please let us know so we can look into it.

Paul Van Der Walde was referred to me by a family friend. I was getting overwhelmed in my search for a personal injury attorney as there are so many. I am incredibly grateful for the work that Mr. Van Der Walde did on my case. I never felt intimidated by the legal jargon and instead felt like family. He has great knowledge and understanding of the law. We would never have gotten the results we did without a great law firm! My case was settled outside of court. Julia, Evangelina, Shawn, and Paul Van Der Walde are a great team! It is the best decision I ever made. Thank you from the bottom of my heart.

Michelle S.

Client Testimonials

For decades, Caputo & Van Der Walde has served victims in Southern California
Very helpful and overall easy to work with. My family and I used them for a case on a car accident and they were able to turn it around and finish the case in a very timely manner. Everyone I spoke to from their office was extremely helpfu...
AA
Tyler Moore
Motor Vehicle Accident
I am grateful for the team at Caputo & Van Der Walde. Initially I was very stressed out and afraid of what would happen and how to navigate the legal process, but Corene and Don put my mind at ease. They were able to speak to me calmly...
AA
Melanie E.
Motor Vehicle Accident
The anticipation of a legal battle is stressful for anyone, especially in times of tragedy. Paul Van Der Walde and his amazing staff are the most kind, attentive and professional legal team a person can encounter. Evangelina, Corene and Ju...
AA
Juanita Castillo
Motor Vehicle Accident
The team was professional, and responsive to all my requests. They helped me through a tough time and qwelled any fears I had through the process. They are a great team and would definitely reach out to them again if I need their services....
AA
Reynaldo Yepez
Motor Vehicle Accident
Caputo & Van Der Walde LLP represented me in a high-speed car accident which resulted in long-lasting injuries. Throughout the process Paul Van Der Walde and his team provided courteous and professional handling of my case, extended su...
AA
Miki Iric
Motor Vehicle Accident
My experience with Caputo – Van Der Walde law firm was extremely positive from the very beginning! I was injured in an auto accident February 13, 2024. My injury required surgery, a 3 night stay at Good Samaritan Hospital, an almost ...
AA
Laurel Perusa
Motor Vehicle Accident

What is Considered Distracted Driving?

The Centers for Disease Control and Prevention (CDC) has dedicated research to understanding distracted driving in order to help spread awareness and learn how to better stop it. Through its studies, the CDC has determined that there are three distinct forms of driver distraction. A driver experiencing just one of these distraction forms will have an increased chance of getting into an accident. The CDC categorizes driver distraction into three forms:
  • Visual: Something that takes the driver’s eyes off the road or mirrors.
  • Manual: Something that takes the driver’s hands off the steering wheel, gear shift, or clutch.
  • Cognitive: Something that takes the driver’s mind off the task of driving.
The National Safety Council has also estimated that cognitive distractions last up to 30 seconds longer than the actual occurrence that triggers them. For example, seeing a billboard makes a driver think of the billboard, not driving. The NSC research suggests the driver will continue thinking about that billboard for upwards of 30 seconds.

Cellphone Use is Highly Distracting

Smartphone use behind the wheel is particularly dangerous as it engages the driver in all three forms of distractions aforementioned. Despite the clear danger, the use of cellular phones while driving has continues to rise throughout United States. A recent study conducted by the National Highway Traffic Safety Administration (NHTSA) shows that approximately 85% of cellphone users talk on the phone while driving.

There is a lot of controversy about whether or not hands-free cell phones will reduce the amount of cell phone accidents because many people feel that the conversation on the phone is the distraction, not necessarily the holding of the phone. National Safety Council (NSC) research has indicated that hands-free devices, like built-in speaker systems or Bluetooth attachments, do not reduce a driver’s chances of causing a crash.
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Seek the Compensation You Deserve

As an injured victim of a distracted driver accident, you have the right to file a lawsuit against the negligent driver, holding them responsible for your injuries, damages, medical expenses, lost wages, and more. At Caputo and Van Der Walde – Injury & Accident Attorneys, our San Jose car accident lawyers have the experience, skill, and dedication to represent even the most challenging cell phone accident cases.

If you or a loved one has been the victim of a distracted driver accident in San Jose, contact our car accident attorneys at Caputo and Van Der Walde – Injury & Accident Attorneys to discuss your case.
" Paul and his entire team are professional in every way. They were able to settle this case to our satisfaction without the extra expense of going to court. "
Earl S.
Paul Van Der Walde and Paul Caputo personal injury lawyers
Paul Caputo and Paul Van Der Walde

As members of the Multi-Million Dollar Advocates Forum® and the Million Dollar Advocates Forum®, we have proven our ability to negotiate and litigate on behalf of our clients successfully. Retain us to put our tactical strategies to work for you. These skills are what make our legal team such a formidable opponent in any courtroom or negotiation setting.

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