A Car accident attorney typically works in firms that see all kinds of personal injury cases. However, car accidents were responsible for 42,338 deaths and 4.8 million medically consulted injuries in 2020 alone. This makes car accidents one of the most common causes of injury and death in the US.
Texting and driving is an increasingly growing problem that’s causing more accidents on the roads. In fact, there have been about 50,100 and counting. As a result, it is becoming a significant factor in car accident lawsuits. If you were involved in an accident, but the at-fault driver was on their phone, you need to understand how it affects your case and what you need to do to protect your legal rights.
Understanding the California Laws Surrounding Texting and Driving
The laws surrounding texting and driving can vary from state to state. In California, however, texting and driving is illegal. The law also extends to include using a handheld device in general. This includes dialing phone numbers, browsing the internet, and even holding a phone whether or not they were using it. Drivers using their phones in any way not considered hands-free at the time of an accident can be charged with a criminal offense.
Note: Anyone in California under 18 may not legally use their phone while driving in any manner for any reason.
This doesn’t exactly affect any concurrent civil cases. However, the same evidence can be used to prove negligence in a civil lawsuit to hold the defendant responsible for injuries and damages.
Proving Negligence in a Texting & Driving Accident For Your Car Accident Attorney & The State Of California
To help your California car accident lawyer hold a driver liable for a texting and driving accident, you need to prove the driver’s negligence. This means you’ll need to show that the driver wasn’t exercising reasonable care and that their behavior directly caused the accident. In the case of a texting and driving accident, this can be difficult to prove. However, here are some of the best ways you and your attorney can prove negligence.
In the heat of the moment, drivers may just outright apologize and explain that they were texting and not paying attention. While this doesn’t outright guarantee the accident as a whole is their fault, it can only help support your case.
Whether drivers admit to texting or not, officers documenting the incident may arrive at this conclusion independently. If so, they’ll most likely include it in their reports. If you or another witness saw the distracted driver on their phone or even suspect it based on clues like signs of reckless driving, inform the police officers. Doing so can help get crucial information into official police reports and further solidify your claim, helping your car accident attorney fight for you.
Another way to prove negligence is to show that the driver was behaving recklessly or carelessly. This includes things like swerving in and out of lanes, running red lights, and failing to yield or stop. If the driver was displaying these or other reckless driving behaviors, we can reasonably assume that they were not paying attention to the road, which directly caused the accident.
Photo & Video
Mentioning your account of events to a police officer to get it on record is important. However, nothing replaces solid evidence. If you, your passenger, or any other witness took photos or videos proving the defendant’s distracted driving, it can drastically help your car accident lawyer in winning your case.
Don’t forget that California courts can subpoena phone records if they deem it necessary. You can leverage these records as evidence to prove the defendant’s negligence at the time of the crash. If the timestamps of sent messages or phone calls line up with the documented time of the crash, the evidence is hard to refute.
It is also essential to document your injuries and any medical treatment you received as a result of the accident. This can include medical bills, prescriptions, and photos of your injuries. While this evidence can’t directly support the defendant’s negligence, it will be used to support your claim for damages. An experienced attorney can accurately portray medical evidence to win you the compensation that reflects the injuries and damages from your car accident.
Hire A Car Accident Attorney To Maximize Your Chances Of Fair Compensation
Texting and driving is a dangerous behavior that can lead to serious accidents. Have you been involved in a car accident and suspect the at-fault driver was distracted? This behavior can impact your case for the better, but you need to be aware of how to prove it. Working with an experienced car accident attorney can ensure you leave no stone unturned. An attorney can help you understand your legal rights and can guide you through proving the at-fault driver’s negligence. So if you’ve suffered a car accident caused by another driver’s negligence due to texting on the road, make sure to hire a car accident attorney experienced with these types of cases.At Kuvara Law Firm, our lawyers have been helping injured Californians fight for their car accident claims since texting and driving first became a threat and well before. Our combination of skill, resources, and experience will drastically boost your chances of winning. Contact us today to see how we can help you get the compensation you deserve.