Texting and Driving Accident Lawyer Serving Riverside & San Bernardino
Texting and driving is one of the most serious forms of distracted driving. Picking up a phone to text takes a driver’s hands off the wheel, eyes off the road, and mind off the driving task. According to the National Highway Traffic Safety Administration, sending a text message takes a driver’s eyes off of the road the equivalent amount of time as driving across a football field traveling 55 miles per hour, blindfolded. If a texting driver crashed into you in Riverside or San Bernardino, arm yourself with a team of experienced attorneys. Get in touch with DeWitt, Algorri + Algorri, PC.
California’s Texting and Driving Laws
The State of California was one of the first to pass bans on texting and driving. There are a few different cell phone laws currently in place. The Wireless Communications Device Law prohibits all drivers from writing, sending, or reading text messages while driving. Unless drivers are under the age of 18, they may use a hands-free electronic device with certain restrictions. In addition to no texting and driving, there is also a law in place that bans drivers from talking on hand-held phones while behind the wheel.
Evidence that a driver broke California’s cell phone laws by texting behind the wheel can help your car accident claim. In legal terms, breaking the law constitutes “negligence per se,” or negligence without needing further proof. Our lawyers can access the other driver’s phone records to obtain evidence that he or she was texting or otherwise reading, writing, or sending electronic messages using a hand-held cell phone at or near the time of the collision. While you will need other elements for a successful claim, proof of negligence is important during a personal injury case.
After a Crash with a Distracted Driver
After a collision with a distracted driver, remain calm and call 911. Report your accident and request an ambulance if you have injuries. Move yourself and your disabled vehicle to a safe location if possible. If not, wait where you are until help arrives. Give the police your side of the story, including a description if you think the other driver was texting. Keep track of information such as the other driver’s name, the police report number, the driver’s insurance company, and the location of the crash.
Your police report should have most of the pertinent information, including the names of eyewitnesses. Seek medical attention for your injuries right away. Don’t delay medical care, as this can worsen injuries like spine injuries or broken bones and make it harder to prove your damages later. Call the at-fault driver’s insurance company and report the crash. You may also need to report it to your insurer depending on your policy.
An insurance claims adjuster may call and request a recorded statement. You are under no obligation to comply. In fact, we urge you not to do so. Instead, contact our lawyers and discuss what your claim could be worth. Most people find our estimates to be much more than the settlement amount the insurance company initially offered. Contact us to learn more about your recent accident.