San Jose Texting While Driving Accident Lawyer
They Were on Their Phone. We Can Help Prove It.
A driver who texts, emails, or watches videos behind the wheel is breaking California law. Our San Jose attorneys work to show what that phone was doing at the moment of impact, and turn it into the compensation you deserve.
$75+ million
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A Glance at a Screen Can Change Your Life
Everyone knows texting while driving is dangerous, yet drivers still pick up their phones to text, send emails, scroll, or even watch videos. A few seconds looking down is enough to miss a red light, a braking car, or a pedestrian in the crosswalk.
The challenge in these cases is proof. Few drivers admit they were on their phone, and the evidence doesn’t stay around for long. You may have a texting-while-driving claim if:
You saw the other driver looking down or holding a phone just before the crash
The other driver drifted, braked late, or never braked at all
A witness, passenger, or camera caught the driver using a phone
The driver admitted to police that they were texting or reading a message
We move quickly to lock down that evidence, free of charge.
What to Do After a Texting Driver Hits You in San Jose
Call 911 and tell the officer what you saw.
If the driver was holding a phone or looking down, say so, and ask that it be noted in the report.
Don't confront the driver about the phone.
Note it, photograph the car’s interior if it’s in plain view, and let the evidence do the work.
Get witnesses' names and numbers right away.
Other drivers and passengers are often the only people who saw the phone in the driver’s hand.
Look for cameras.
Businesses, traffic cameras, dash cams, and doorbell cameras can show a driver’s head down or a phone lit up.
See a doctor the same day.
Your health comes first, and a prompt medical record links your injuries to this crash.
Call a lawyer quickly, before evidence disappears.
Messages can be deleted and footage overwritten. The sooner we’re involved, the more we can preserve.
What Your Texting-While-Driving Claim Can Recover
Your medical care, now and in the future
Emergency treatment, surgery, physical therapy, and ongoing care.
Your lost income
Missed work and any lasting effect on your ability to earn.
Pain and suffering
The physical pain, anxiety, and disruption to your life that a crash leaves behind. Often the largest part of a claim, and the part insurers fight hardest.
Your vehicle and property
Repair or replacement, and a rental car while yours is off the road.

How We Prove a Driver Was Texting
Insurers for texting drivers rarely concede the point. We build the proof piece by piece:
- Witness statements describing the driver’s phone use and behavior
- Surveillance, traffic, and dash camera footage from the scene
- The police report, including any admissions and citations
- The vehicle’s movement before the crash: no braking, lane drift, or a late reaction are consistent with a driver looking down
- Where the law allows it, formal requests for the driver’s phone activity records around the time of the crash
A proven violation of California’s handheld phone law is powerful evidence of negligence. Paired with a well-documented injury claim, it puts real pressure on the insurer to pay fair value.
California Law on Texting and Driving
Handheld phone use is illegal
California law bans using a handheld wireless device while driving unless it is used in hands-free mode. The fines are small, which is why so many drivers still take the risk.
Breaking the law is evidence of negligence
When a driver violates a safety law and causes the kind of harm that law is meant to prevent, that violation can itself establish negligence, making fault much easier to prove.
Partly at fault? You can still recover
California follows pure comparative negligence. Insurers often try to shift blame to the victim; even if some fault is assigned to you, your compensation is reduced, not eliminated.
Two years to file
You generally have two years from the date of injury to file a lawsuit. Phone and camera evidence can vanish in weeks, so don’t wait.
What Our Clients Say
Her services were outstanding. About a half year ago when I got into an accident, I had consultations with several personal injury law firms. I went with Jimin because I…
Hyunah Jang
Jimin and her staff tirelessly worked for my case and kept me updated constantly whenever something happened or when there was any development. She is very knowledgeable and I'm grateful…
Albert Veist
Jimin Oh worked passionately on my case while constantly updating me on what was happening. I did not know much about my car insurance, so it was helpful for her…
Ok Ray Park
San Jose Texting While Driving Accident FAQs
How do you prove the other driver was texting?
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.
Can you get the other driver's phone records?
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.
Is texting while driving automatically negligence?
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.
What if the driver was using GPS or talking hands-free?
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.
The insurer offered a quick settlement. Should I take it?
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.
What if they say I was partly at fault?
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.
How long do I have to file a claim?
Generally two years from the date of injury for a lawsuit. But the phone and camera evidence that proves texting can disappear much sooner.
Get Your Free, Confidential Case Review, 24/7
Deleted messages and overwritten footage can’t be recovered. Call now or send the form; we respond fast, 24/7, in English, Spanish, or Korean. Your consultation is free and confidential. No fee unless we win.
Call (408) 256-2871Free Case Review
Solution Now Law Firm
1253 Park Ave
San Jose, CA 95126
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