August 13, 2020

Injured by a Driver Texting While Driving: How Can I Recover Compensation

Texting and driving are a deadly combination. A texting driver is 23 times more likely to cause an accident than a driver who is paying attention to the road. And texting and driving is illegal here in California.  The latest reports provide there were still more than 178,000 cell phone use convictions in California with over 31,000 of those being for texting while driving.

In the case of being injured in an accident that was caused by a texting driver, you would be entitled to compensation under negligence per se.

The problem?

You need to prove that the driver was texting. Proving that the other driver was texting or on the phone at the time of the accident is extremely important for the success of your claim. This can be challenging. Although you may have seen the driver texting, you will need more evidence when the driver claims he was not. The obvious answer is to get a subpoena for telephone records, but many times this becomes a battle in court.  Many cell phone companies also resist giving cell phone records over as well. 

In addition, you will need to prove that the texting while driving was the cause of the accident.  Sometimes this seems obvious, but other times a defendant will claim that he or she texted before the accident occurred and was not actively texting at the time of the crash.  This means that many defense lawyers will argue the timing of the text message and your accident.  It can be frustrating when you know the defendant was texting while driving but have a hard time proving it.

An experienced Los Angeles texting while driving lawyer will be able to locate appropriate evidence in support of your claim such as surveillance video, eyewitness accounts, phone records, and other physical evidence. If you have been injured in an accident caused by a texting driver, seek the advice of an experienced Los Angeles texting while driving accident lawyer. For more information and a FREE case review, contact us today at (888) 588-1777.  We are ready and willing to help.