San Jose Texting and Driving Truck Accident Lawyer

The Trucker Was on the Phone. The Records Can Prove It.

A truck driver reading or sending a text is driving blind. Our San Jose attorneys move fast to secure phone records, electronic logs, and footage before they disappear, and build the proof your claim needs.

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A Text Takes Seconds. A Truck Covers a Lot of Road in Those Seconds.

Texting pulls a driver’s eyes, hands, and attention away from the road all at once. At highway speed, even a two-second glance at a phone sends a truck a long way down the road with no one watching where it goes. When it’s a loaded truck, the people nearby pay the price.

Signs the truck driver may have been on their phone:

The truck drifted out of its lane before the crash
It didn't brake, or braked far too late
You or a witness saw the driver looking down or holding a phone
The truck plowed into traffic that had been stopped or slowing for some time

The injuries from these crashes are often severe: concussions and traumatic brain injuries, spinal cord injuries and paralysis, broken bones, internal bleeding, burns, and deep cuts. Many require long-term treatment; some cause permanent disability. That’s why the proof matters.

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What to Do After a Texting Truck Driver Hits You

Get emergency medical care first.
Your health comes before any claim. Evidence can be gathered later; your treatment can’t wait.
Tell the officer if you saw a phone.
A phone in the driver’s hand, or a driver looking down, belongs in the police report.
Note the exact time of the crash.
Phone records are matched to the minute. Knowing when the crash happened lets us line them up.
Get the names of anyone who saw into the cab.
Other drivers, passengers, and pedestrians may have seen what the driver was doing.
Photograph the truck and its markings.
The company name and numbers identify the carrier that controls the driver’s logs and data.
Call a lawyer as soon as you're able.
The longer you wait, the harder it is to collect the evidence, and that can affect what you recover.

What a Texting Truck Crash Claim Can Recover

Long-term medical care

The injuries these crashes cause often require surgery, rehabilitation, and treatment for years; your claim should cover the care you’ll need, not just the care you’ve had.

Lost income

The wages you’ve missed, and your future earnings if your injuries keep you from working.

Pain and suffering

The physical pain, emotional distress, and loss of the life you had before the crash.

A claim against the company, not just the driver

When the evidence shows the driver was negligent, you can bring a claim against the driver or the trucking company, whose commercial insurance generally carries far higher limits.

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How We Prove a Truck Driver Was Texting

Drivers rarely admit to texting, and phones get wiped. We build the timeline from records the driver doesn’t control:

The driver’s cell phone records, subpoenaed when needed, showing texts and data use around the time of the crash
The truck’s electronic logging device (ELD) data, which fixes the truck’s movements and the driver’s time on duty
Surveillance footage from businesses and traffic cameras
Onboard and dashcam footage from the truck and nearby vehicles
Witness statements about what the driver was doing
The police report and crash scene evidence

When the phone records show a message sent seconds before the truck left its lane, the case stops being your word against theirs.

California's Texting Law and Your Truck Claim

Texting while driving is illegal in California

California Vehicle Code § 23123.5 prohibits using a handheld wireless device while driving, including for texting. Truck drivers are no exception.

Evidence of texting is powerful proof of negligence

A driver who was texting wasn’t driving with reasonable care. When the records show it, the question of fault gets much simpler.

Partly at fault? You can still recover

California’s pure comparative negligence rule reduces your compensation by any share of fault assigned to you; it never eliminates it.

Two years to file

California’s statute of limitations for personal injury is generally two years from the date of injury. The phone and ELD records you need can be much harder to get long before then.

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San Jose Texting Truck Accident FAQs

How do you prove the truck driver was texting?

By lining up the driver’s phone records with the exact time of the crash, and backing that up with ELD data, camera footage, witness statements, and the police report. Together they show what the driver was doing in the seconds before impact.

Can you get the truck driver's phone records?

Yes, through the legal process. We can subpoena the records when a case requires them, which is why it helps to act quickly and know the exact time of the crash.

What is ELD data, and why does it matter?

An electronic logging device records a truck’s driving time and movements. It helps us build a precise timeline of the crash, which we can compare with the driver’s phone activity.

Is it illegal for a truck driver to text while driving in California?

Yes. California Vehicle Code § 23123.5 prohibits handheld phone use while driving, including texting, and it applies to truck drivers too.

What if the driver says they were only using GPS?

Any use of a device that takes a driver’s eyes or attention off the road can be negligence, whether or not a specific phone law was broken. We look at what the evidence shows the driver was actually doing.

Should I focus on my recovery or on my case first?

Your recovery, always. But call us as soon as you’re able, because the longer a case waits, the harder it is to gather evidence. We handle the legal work so you can focus on getting better.

How long do I have to file a claim?

Generally two years from the date of the crash. Don’t wait that long: phone and camera records are easiest to secure in the first days and weeks.

Get Your Free, Confidential Case Review, 24/7

Phone data and camera footage don’t last forever. Let us secure them while you focus on healing. 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.

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Solution Now Law Firm
1253 Park Ave
San Jose, CA 95126