San Jose Texting While Driving Accident Lawyer

With every piece of evidence available: witnesses, camera footage, the police report and any admissions, the way the car moved before impact, and, where the law allows, the driver’s phone activity records. The earlier we start, the more of it we can secure.

In some cases, yes, through formal requests during a claim or lawsuit, but access depends on the circumstances and a court’s rules. We’ll explain whether it’s realistic in your case.

Using a handheld phone in violation of California law can itself be treated as evidence of negligence when it causes the kind of crash the law was meant to prevent. That’s a strong starting point, but we still document the connection to your injuries.

Hands-free use is generally legal, but a driver can still be negligent if a device diverted their attention from the road. We look at the whole picture, not just whether the phone was in their hand.

Not before a lawyer reviews it. Early offers rarely account for future treatment, lost earning capacity, or pain and suffering. We’ll tell you whether it’s fair.

You can still recover. California reduces compensation by your share of fault; it never eliminates it. Insurers often try to shift blame onto the victim, and we push back.

Generally two years from the date of injury for a lawsuit. But the phone and camera evidence that proves texting can disappear much sooner.