Texting and driving accidents are a leading cause of injury and death on California roads. Despite clear warnings and strict laws, distracted driving continues to endanger lives daily. If you’ve been hit by a distracted driver, you might feel overwhelmed by the aftermath.
In this blog, we’ll cover key details about state texting and driving laws, your options after an accident, and what factors influence the average settlement for a distracted driving accident.
At Wells Call Injury Lawyers, we’ve spent over 40 years helping accident victims recover compensation for their accident-related losses. Our team of experienced California car accident lawyers is ready to fight for the justice you deserve.
What Are California’s Texting and Driving Laws?
California has strict laws to combat distracted driving, particularly texting while behind the wheel. Under California Vehicle Code Section 23123.5, drivers are prohibited from using a handheld mobile device while operating a vehicle, except in limited circumstances, such as using hands-free or voice-activated functions.
While these laws aim to prevent accidents, they’re often violated. But if a driver causes a collision while texting that results in harm to you, you could hold them accountable for their negligence.
What to Do After Being Hit by a Distracted Driver
Taking the right steps after a texting and driving accident can help protect your health and your ability to pursue compensation.
Prioritize Medical Attention
Your health should always come first. Even if your injuries seem minor, see a doctor immediately. Some injuries, like internal trauma or concussions, may not show symptoms right away. The medical records from the doctor who saw you shortly after the crash will also serve as key evidence in your claim.
Call Law Enforcement
Always report the accident to the police. Inform the officer on the scene if you suspect the other driver was texting. This will clue the officer in to look for any evidence of texting or distracted driving, and if they find any, they should include these details in their report. Such officer observations can help establish fault.
Document the Scene
If you are physically able, you should gather as much evidence as possible from the accident site. Take photos of vehicle damage, the vehicles’ positions, injuries, skid marks, traffic signals, road conditions, weather conditions, and anything else that might be relevant. If there are witnesses, ask for their contact information—they may provide statements that support your claim.
Avoid Speaking with Insurance Adjusters Alone
Insurance companies are in the business of making money and often look for ways to minimize payouts. Be cautious about what you say to adjusters, and never admit fault. Let an experienced lawyer handle these discussions to ensure your rights are protected.
Consult a Lawyer
An attorney experienced in texting and driving accidents will help you navigate the complexities of your case. They can investigate, gather evidence, and negotiate on your behalf, increasing your chances of securing fair compensation.
For a free legal consultation, call (707) 426-5300
Proving Negligence in a Texting and Driving Accident
To hold a distracted driver accountable, you must prove they were negligent. Negligence in a personal injury case requires showing four key elements:
- Duty of care. All drivers have a legal duty to operate their vehicles responsibly. Therefore, they must follow traffic laws and prioritize the safety of others on the road.
- Breach of duty. When a driver texts while driving, they breach this duty of care. Texting diverts their attention from the road, increasing the likelihood of accidents.
- Causation. You must show that the driver’s texting directly caused the accident and your injuries.
- Damages. Finally, you must demonstrate that the accident resulted in specific losses. These losses include medical expenses, lost income, property damage, pain and suffering, and more.
Proving these four elements with the help of an experienced attorney will significantly improve your chances of holding the at-fault driver accountable.
How Does Texting and Driving Cause Accidents?
According to the Foundation for Traffic Safety, 93% of drivers recognize texting, emailing, or reading anything on a handheld cell phone as very or extremely dangerous. Yet, despite this awareness, many drivers still engage in these risky behaviors. Alarmingly, 27% of drivers admit to sending a text or email while driving, while 38% acknowledge reading a text or email behind the wheel.
Texting and driving is particularly dangerous because it distracts drivers by taking their eyes off the road, removing their hands from the wheel, and shifting their mental focus away from driving.
When a driver chooses to text while driving, they are making a negligent decision that endangers themselves and everyone else on the road around them. For victims, pursuing legal action is a vital step toward holding these drivers accountable and compensating the survivor for losses the negligent driver caused.
What Is the Average Settlement for a Distracted Driving Accident?
The average settlement for a distracted driving accident depends on several factors, including:
- The severity of the injuries,
- Medical expenses,
- Lost income, and
- Pain and suffering.
While settlements can vary widely, having a skilled attorney on your side significantly increases your chances of securing a fair amount.
How Wells Call Injury Lawyers Can Help with Your Texting and Driving Accident
At Wells Call Injury Lawyers, we understand how overwhelming the aftermath of a texting and driving accident can be. Our team has decades of experience handling these types of cases and will work tirelessly to help you secure the compensation you deserve.
- Comprehensive investigation. We’ll gather evidence to prove the other driver’s negligence, including phone records, eyewitness testimony, and accident reconstruction when necessary.
- Negotiating with insurance companies. Insurance companies often undervalue claims, but we won’t let that happen to you. We’ll negotiate on your behalf to ensure you receive a fair settlement.
- Pursuing maximum compensation. From medical bills to lost wages and emotional distress, we’ll fight for the full extent of the damages you’re entitled to under the law.
We are committed to standing by your side during this challenging time, providing the care and guidance you deserve as we work toward a resolution that helps you rebuild your life.
Call (707) 426-5300 or complete a Free Case Evaluation form
Contact One of Our Seasoned California Car Accident Lawyers Today
Texting and driving accidents are entirely preventable, yet they continue to harm countless Californians every year. If you’ve been hit by a distracted driver, don’t navigate the complex aftermath alone. You need a legal team that understands the nuances of California texting and driving laws and will fight for your rights.
We offer compassionate, personalized representation and a commitment to fighting for the best possible outcome. Let us put our experience and dedication to work for you. Contact Wells Call Injury Lawyers today for a free consultation and learn how we can help you seek the justice and compensation you deserve.
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