Texting while driving is a national epidemic, plain and simple. Reports indicate that a person who texts while driving is 23 times more likely to be in an accident than someone who is not, and that 1.6 million accidents involve cell phones, with 500,000 injuries and 6,000 deaths. If you have been injured in a car crash, determining whether or not the other driver was on his or her cell phone at the time can be critically important in successfully suing that driver in California for financial recovery.
Texting While Driving Can Prove Negligence Occurred
In California, an injured party in an auto accident – whether another driver, passenger (in any car), pedestrian, or cyclist – must show that a driver was negligent in order to successfully pursue a personal injury claim against the driver. Negligence is a legal principle which means the person failed to exercise the amount of due care that a reasonable person would exercise in a given situation to prevent foreseeable harm to another person.
In many cases, convincing a jury (or another driver’s attorneys and/or insurer in settlement discussions) that negligence occurred can be challenging as it is a flexible and sometimes vague standard. But texting while driving is per se illegal in the state of California. Thus, demonstrating that the other driver was texting when the accident occurred will often be extremely compelling proof that the driver was negligent and, therefore, should be forced to pay out a financial recovery for all medical bills, lost income, pain and suffering, and vehicle damage.
Contact an Attorney ASAP to Prove Texting Occurred
That said, the injured victim will be required to actually present proof that the other driver was indeed texting. If you as the injured victim saw the driver texting, that is a good start, but more evidence may be needed if the other driver claims he or she was not texting. Such other evidence could include eyewitnesses, phone records, surveillance footage, and other physical evidence.
The longer you wait to contact an attorney, however, the harder it may be for your attorney to collect the demonstrable evidence of texting while driving which convincingly proves your case for negligence. Thus, it is important to reach out to an experienced personal injury attorney as soon as possible to begin the process of investigating issues of negligence such as texting while driving.
Experienced Southern California Attorneys In Your Car Accident Matter
The attorneys at The Kaufman Law Firm has consistently won six- and seven-figure verdicts and settlements on behalf of injured victims in car accident cases across Southern California. They will work with you from the moment you call to investigate the accident and build your best possible case for recovery. Contact The Kaufman Law Firm today to schedule a free consultation.