Texting While Driving Accidents
Accident victims hurt by a distracted driver are entitled to compensation if they can prove the other driver’s negligence.
In California, it is illegal for any driver to use a handheld device to text, email, or perform any other function while behind the wheel. Unfortunately, too many drivers break that law every year, and they cause serious accidents when they do. If you have been hurt by a motorist that was texting while driving, it is important to speak to a car accident lawyer. It is difficult to prove a driver was using a handheld device, but a lawyer will know what action to take and help you secure maximum damages.
The Law on Texting While Driving in California
California Vehicle Code 23123 states that it is illegal for any driver to use a handheld device while behind the wheel. Motorists may use a telephone while they are driving if the device is designed and configured to be used hands-free. The courts in California have determined that this law applies not only to texting, but also using a device in any manner, including using GPS.
Under California Vehicle Code 23124, it is illegal for any motorist under the age of 18 to use a telephone while driving, even if the phone is equipped with hands-free technology. The reason for the law is that new and young drivers are more likely to be involved in an accident, and using a phone only increases that risk.
Proving Liability After a Texting While Driving Accident
Like all personal injury cases, texting while driving accident claims rely on negligence, or carelessness. To recover damages, you must show the other driver acted negligently and that the careless act led to the crash. This is difficult in any accident claim, but proving another motorist was texting while driving is particularly challenging. It is hard to determine what a driver was doing inside their vehicle at the time of an accident.
Personal injury lawyers know how to prove that a texting driver caused a crash. A lawyer may subpoena the negligent driver’s cell phone records to prove they sent or received a text at the time of the accident. Or they may also prove that the negligent driver did not have hands-free technology on their phone, or did not have it activated at the time of the crash.
After a lawyer proves liability, you can recover damages for any injuries or other losses you incurred during the accident. Common types of damages in texting while driving accident claims include medical expenses, lost income, pain and suffering, and emotional distress.
Our Murrieta Distracted Driving Lawyers Can Prove Your Claim
If you have been hurt by a driver that was texting behind the wheel, our Murrieta distracted driving lawyers at Gibbs & Fuerst, LLP, are here to help with your claim. We know the challenges these claims present, and how to overcome them to help you recover the full compensation you deserve. Call us today at (951) 821-9875 or contact us online to schedule a free consultation.