Texting While Driving Car Accidents in Banning

Congestion on the road can make it enticing for drivers to use their cell phones and engage in other forms of distracted driving. When this behavior causes a car crash, you could have a right to compensation for related injuries. The guidance of a vehicle accident attorney could be useful after texting while driving car accidents in Banning to understand available rights and key information for pursuing a claim.

How Texting While Driving Could Cause a Car Accident and Create Liability

California Vehicle Code § 23123.5 prohibits driving a car while holding and operating a cell phone or another communication device. However, some common practices may not create a violation of this section, for example, when using voice or hands-free controls to text while driving or when using permissible functions, such as operating a GPS or functions that only require a single swipe or tap. Even when the use of a cell phone while driving is not a violation of the California Vehicle Code, it can still be evidence of driver negligence and could establish fault for injury from a related car accident in Banning.

Texting while driving is a form of distracted driving that diverts a person’s attention and focus from the road. This distraction could contribute to a driver’s inability to follow posted traffic signs, adjust to current road conditions, and react to the actions of other drivers. For example, a driver who is texting may not be able to brake in time for a stopped car in front of them or may not be able to adjust their speed to allow a nearby car to merge into their lane.

Applying the Comparative Fault Rule to a Car Crash Case

Liability for injuries from a car collision in Banning involving a driver who was texting requires evidence that the driver’s actions contributed to the accident’s cause. In some cases, it is possible for fault to belong to several drivers and parties involved in the car accident, including the injured person seeking compensation through a lawsuit.

The applies its comparative fault rule in these cases to allocate fault as a percentage and proportionally limit an injured person’s available compensation. For example, an injured person with 40 percent of the fault for the car accident could only recover 60 percent of their damages from a driver with fault from their texting while driving. The issue of comparative fault can be common in texting while driving cases because of the likelihood of other contributing causes. The counsel of an attorney could be especially beneficial in understanding the potential impact of comparative fault on a case and using that insight to evaluate a future settlement offer from a liable party.

Call for Help Filing an Injury Lawsuit for Damages from Texting While Driving Car Accidents in Banning

You must generally file an injury lawsuit for damages from a texting and driving car accident in Banning within two years of its occurrence under California Civil Code § 335.1. A lawsuit could provide financial relief for your medical bills and lost wages from missed work in addition to your general pain and suffering. Our attorneys are available to review the facts of your case, investigate potential fault involving texting while driving, and pursue potential claims in court. Reach out now to learn more about seeking compensation.

Walter Clark Legal Group

Walter Clark Legal Group
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