How do you Hold a Texter Liable in an Accident?

Even though texting and driving is illegal in California, it still happens and results in accidents—when it does, how can you hold the texter liable? Under California law, drivers are forbidden from using handheld mobile devices. The only exceptions to this rule are for drivers operating emergency vehicles, those driving on private property, and drivers making an emergency call. Anyone else using a handheld cell phone can be pulled over for a primary violation.

Drivers 18 and older in California are allowed to use a hands-free device to talk. However, those under 18 are restricted from using any device to talk or text while driving, hands-free or not.

A separate California law specifically prohibits texting while driving. Drivers cannot text or otherwise operate a mobile device, including using a GPS app. If a driver wants to use the GPS feature on her phone, she must program it before driving. Changes that require more than one tap or swipe can only be made if the driver pulls over.

Because texting and driving is illegal in California, a driver could be cited for this offense on its own. Moreover, a driver who causes an accident as a result of texting has breached the legal duty of care she owes to her fellow drivers and to the state to drive safely. Thus, this driver should be liable for the damages and injuries resulting from the accident.

Your Personal Injury Attorney Can Help You Prove the Texter Caused the Accident

What’s the catch? In some cases, it might be difficult to get the texting driver’s insurance company to admit fault and provide compensation. If this is the case it’s important to have an experienced car accident attorney handle your case.

In order to hold the texter liable for the accident, your attorney will look for the following:

  • Witnesses who can confirm the driver was texting
  • Photographs taken at the scene
  • Police reports stating that cell phone use contributed to the accident
  • They might request the driver’s cell phone records, if necessary

If you are involved in an accident where the driver was texting, do your best to obtain this information immediately afterward. If anyone saw the accident, take down their information and have them speak to police officers for the official report. Take plenty of photos of the scene. If you are injured, seek immediate medical attention from a hospital, urgent care center or your family physician. Keep all your medical and prescription records on file. Also be sure to report the accident to your insurance company right away.

“If you’ve been injured in an accident where the driver was texting, that driver needs to be held responsible. Our firm is dedicated to helping car accident victims get the compensation they deserve,” said Attorney Walter Clark, founder of Walter Clark Legal Group.

Our firm has been handling personal injury cases throughout the California Low Desert and High Desert communities for over 30 years. With a 95% success rate, the California personal injury attorneys at Walter Clark Legal Group will fight to hold those responsible for your loss accountable and win compensation to cover medical bills, lost wages, and pain and suffering. If you have been injured in an auto accident and want to discuss your legal options, contact us today for a free consultation with an experienced personal injury lawyer. We have offices in Indio, Rancho Mirage, Victorville, and Yucca Valley and represent clients through the entire California Low Desert and High Desert communities.

DISCLAIMER: The Walter Clark Legal Group blog is intended for general information purposes only and is not intended as legal or medical advice. References to laws are based on general legal practices and vary by location. Information reported comes from secondary news sources. We do handle these types of cases, but whether or not the individuals and/or loved ones involved in these accidents choose to be represented by a law firm is a personal choice we respect. Should you find any of the information incorrect, we welcome you to contact us with corrections.

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