The dangers of texting while driving are well known, yet people still risk disaster by using their phones to text, send emails, or even watch videos while driving. This reckless and illegal behavior can put everyone on the road in serious danger.
If you sustained injuries in a texting while driving car accident in San Jose, it is important to understand that you have legal options. A dedicated auto accident attorney could work with you to pursue the compensation you deserve. At Solution Now Law Firm, we have extensive experience handling cases like these and will work tirelessly to make things right for you.
Safe driving requires a driver to direct their full attention to the road ahead and their surroundings. Operating a vehicle while the driver’s attention is divided is known as distracted driving. Eating, grooming, smoking, adjusting the sound system, and even speaking to passengers could distract a driver, and could result in hitting a pedestrian, biker, motorcycle rider, or other car.
California Vehicle Code §12321.5 bans people from using any handheld communication device while operating a vehicle unless it is in hands-free mode. Unfortunately, the penalties for violating the law are small fines, and many San Jose drivers risk it for the convenience of staying connected while driving.
Legal negligence means not using the same degree of caution a reasonable person would have used in similar circumstances. Proving that another driver was at fault for a crash requires showing that they behaved negligently. When a negligent San Jose driver is found to be legally liable for a texting while driving wreck, they are on the hook for financial losses suffered by accident victims.
Violating the law is another example of driver negligence. If an injured person can prove another driver was using a handheld device in violation of the law, or was done while violating the law in some other way–like through drunk driving–this evidence alone is proof of negligence. An experienced attorney could gather the evidence needed to establish an at-fault driver’s negligence.
Sometimes car crash victims are reluctant to engage an attorney to represent them in a vehicle accident case. They might feel they will receive a reasonable settlement more quickly and with less hassle if they work directly with the at-fault driver’s insurer. In fact, the at-fault driver’s insurer might be telling them exactly that.
People who suffer injuries in auto accidents should always have legal representation. The at-fault driver’s insurer might offer a quick settlement to an injured accident victim, but these offers are often inadequate to appropriately compensate for the losses involved in a texting while driving case. A seasoned attorney could review an offer to determine whether it is fair under the circumstances and handle negotiations with the insurer.
California follows the doctrine of pure comparative negligence, meaning that a person’s level of blame for an accident determines their financial obligation. Insurers often try to reduce their liability by shifting blame for the incident onto another party, and they often claim an accident victim’s conduct caused their injuries. A San Jose cell phone car accident attorney could defend the injured party against claims that they had partial responsibility for the accident.
Texting while driving is reckless and illegal. If you or a loved one were injured in a crash because someone else refused to put their phone down, you deserve fair compensation for your losses.
At Solution Now Law Firm, we help victims texting while driving car accidents in San Jose explore their legal options. We assign a group of experts to every case, so you can rest assured that your claim is in good hands. Give us a call today to get started.
1253 PARK AVE
SAN JOSE, CA 95126
Solution Now Law Firm
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