Texting While Driving Car Accidents in San Mateo

Texting While Driving Car Accidents in San Mateo

California banned texting and driving when the state enacted the Wireless Communications Device Law of 2009. However, not all drivers comply with this law.  Routinely, people who text and drive crash on California roads, often causing irreparable damage.

When you are injured because another driver was distracted by a cell phone, you probably feel angry that a motorist was so reckless and negligent. The Solution Now Law Firm legal team could help you seek justice. Our seasoned car accident attorneys have extensive experience holding negligent drivers accountable after texting while driving car accidents in San Mateo.

California Punishes Distracted Driving

Texting while driving is considered distracted driving, along with any act that takes a driver’s attention away from the road, such as:

  • Eating
  • Grooming
  • Talking to backseat passengers
  • Fiddling at length with the radio

A motorist ticketed for a distracted driving offense faces varying fines based on whether the violator is a first or subsequent offender and if they caused an accident. A motorist can also temporarily lose their driver’s license if caught texting and driving twice or more within three years.

Commercial drivers lose driving privileges for 60 days after texting twice and 120 days for subsequent texting offenses, with fines up to $2,750.

The Negligence Per Se Doctrine

Negligence requires a plaintiff to prove four elements:

  • The defendant’s duty to act as responsibly as a reasonable person would act
  • The defendant acts irresponsibly, thus breaching the duty
  • The irresponsible acts are the direct cause of the accident
  • The plaintiff is injured in the accident

Those injured by texting drivers must prove negligence. However, under the doctrine of negligence per se, when a defendant breaks a law for which they can be punished—like ticketing, fines, and loss of driving privileges—the court will presume that the defendant breached the duty the law imposes on motorists.

This leaves the plaintiff to prove only that they suffered injuries in the ensuing accident. Talk to a San Mateo injury attorney after a texting while driving car crash for more information.

Insurance Negotiations vs. Lawsuits

California has an at-fault stance in motor vehicle injury cases. This means the person who causes an accident must pay for the other driver’s damages. Motorists must carry at least $15,000 in bodily injury insurance coverage per person injured and $30,000 per accident.

Insurance companies do not like to pay for claims because claim payouts diminish company profits. Adjusters may lowball settlement offers, as they know people are often desperate for money after a devastating accident. Our team of car wreck lawyers includes skilled negotiators who will not settle for less than someone is entitled to after a texting while driving car wreck in San Mateo.

Seek Legal Guidance After a San Mateo Texting While Driving Car Accident

Car accidents caused by another person’s reckless behavior are frustrating, especially when they cause you or someone you love physical harm. While you heal, we could help you negotiate a settlement with an insurance company carrying proof that their customer caused severe damage.

When a fair settlement is not presented, many attorneys settle for the insurer’s low offer. We do not. At Solution Now Law Firm, we fight so that greedy insurance companies pay you what your claim is worth. Texting while driving car accidents in San Mateo can be life-altering, and we could help rebuild yours. Call or text our main phone number to schedule a time to meet.

Solution Now Law Firm

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SAN JOSE, CA 95126
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