Skip to content

Practice Areas

Distracted Driving Accident Attorneys in San Jose

Multi-Million Dollar Advocates Forum Badge
Super Lawyer Badge
AV Preeminent Badge
BBB Accredited Business Badge
American Board Of Trial Advocates Badge
Consumer Attorney Badge
Lawyer Discritct Badge


Wrongful Death Skydiving Accident


School Bus vs. Pedestrian Accident


Train Maintenance Vehicle vs. Auto


3rd-Degree Burns During a Pedicure


Paraplegia from Defective Seat


Pick-up Truck vs. Pedestrian Accident


Auto vs. Bicycle Accident


Auto vs. Elderly Pedestrian


Big Rig vs. Auto Accident


Injury Onboard a SCTVA Bus

Caputo & Van Der Walde LLP 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 & Van Der Walde LLP.

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.

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.

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.

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 & Van Der Walde LLP, 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 & Van Der Walde LLP to discuss your case.