San Mateo Texting While Driving Accident Lawyer
A Text Was Worth More to Them Than Your Safety.
California banned texting behind the wheel years ago, yet drivers still do it every day. When one of them crashes into you in San Mateo, we use that broken law to prove fault and recover what the crash cost you.
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Texting Drivers Break the Law. That Makes Your Case Stronger.
Most crashes start an argument about who did what. A texting crash is different: the other driver wasn’t just careless, they were breaking a safety law written to prevent exactly what happened to you. That matters, because a driver who violates a traffic safety law can be presumed to have breached their duty to drive carefully.
It’s also normal to feel angry. Someone decided a message couldn’t wait, and now you’re the one dealing with doctors, repair shops, and missed work. You may have a texting-while-driving claim if:
The other driver's phone was in their hand, on their lap, or lit up after the crash
Their car drifted, rolled through a signal, or hit you without slowing
A passenger or bystander saw them typing, reading, or scrolling
The officer cited the driver for using a phone
We turn that violation into leverage with the insurer, and the consultation costs you nothing.
After a Texting Driver Hits You in San Mateo
Get help and get the crash on record.
Call 911. A police report is where a citation for phone use, or the driver’s own admission, first shows up.
Say what you saw, plainly.
If the driver was looking down or holding a phone, tell the officer. Don’t guess at what they were doing; describe it.
Capture the moment before it's cleaned up.
Photograph the other car, including anything in plain view such as a phone mount or a phone on the seat, and the position of both vehicles.
Ask bystanders one question.
“Did you see the driver on their phone?” Get the name and number of anyone who says yes.
See a doctor today, not next week.
A same-day record links your injuries to this crash and closes off the insurer’s easiest argument.
Let us contact the insurer.
Adjusters for texting drivers often call fast. Anything you say about your own driving can be used to shift blame; let a lawyer do the talking.
Who Pays for a Texting-While-Driving Crash?
The texting driver's liability insurer
California is an at-fault state: the driver who caused the crash, through their insurance, pays for the harm. That includes your medical bills, lost wages, pain and suffering, and vehicle repair or replacement.
A commercial driver's coverage, when the texter was working
Commercial drivers face their own, stricter penalties for texting. If the driver who hit you was on the job, the vehicle’s commercial policy may be part of your recovery.
Your own coverage, if theirs isn't enough
Many drivers carry only low policy limits. Your underinsured motorist (UIM) coverage can make up the difference, and Med Pay can help with medical bills while the claim is pending.
Using the Law Against the Driver Who Broke It
Every negligence claim has four parts: the driver owed you a duty to drive as a reasonable person would, they breached that duty, the breach caused the crash, and you were hurt. In a texting case, the first two can do most of the work for us.
Under the doctrine of negligence per se, when a driver breaks a law that carries penalties (fines, points, a license suspension) and causes the kind of harm that law was meant to prevent, the court can presume the driver breached their duty. That shifts the fight to where it belongs: how badly you were hurt and what it will take to make it right.
To get there, we secure the evidence of the violation early:
- The police report, any citation, and the driver’s statements at the scene
- Witness and passenger accounts of phone use
- Camera footage from nearby businesses, homes, and dash cams
- Crash patterns that show a driver never reacted
- Phone activity records, requested through the legal process when the case calls for it
Then we negotiate hard. We don’t settle for an insurer’s low number because it’s convenient; if the offer doesn’t reflect your losses, we’re prepared to file suit.
California Law on Phones Behind the Wheel
Texting while driving is banned
California law prohibits texting and handheld phone use while driving. Drivers who are ticketed face fines that increase for repeat violations, and commercial drivers face their own penalties.
The violation can establish breach
Under negligence per se, a driver who broke a safety law and caused the harm it was meant to prevent can be presumed negligent. You still need to show the crash caused your injuries, and we document that link carefully.
Your share of fault only reduces your recovery
Insurers often try to shift some blame onto the victim. Under California’s pure comparative negligence rule, any share assigned to you reduces your compensation; it never wipes it out.
Two years to file a lawsuit
You generally have two years from the date of injury. The evidence of phone use, from footage to witness memories, fades far sooner.
What Our Clients Say
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San Mateo Texting While Driving Accident FAQs
What does "negligence per se" mean for my case?
It means that when a driver breaks a safety law, like the ban on texting while driving, and causes the kind of crash that law was written to prevent, the court can presume they were negligent. You don’t have to prove from scratch that texting was careless; the focus moves to your injuries and losses.
Does the driver have to be ticketed for me to have a claim?
No. A citation is strong evidence, but your civil claim can rest on witnesses, footage, the crash itself, and other proof of phone use. Many texting drivers are never cited at the scene.
Isn't texting the same as any other distraction?
Legally, texting is a form of distracted driving, like eating, grooming, or fiddling with the radio. What sets it apart is that it’s specifically banned, which gives your claim the benefit of the negligence per se doctrine.
The driver says they were only using GPS. Does that end my claim?
No. We look at everything the driver was doing and how the crash happened. Even where some device use is allowed, a driver whose attention wasn’t on the road can still be negligent.
The driver who hit me was driving a work vehicle. Does that change anything?
It can. Commercial drivers face stricter texting penalties, and a vehicle used for work may carry a commercial insurance policy with higher limits. We identify every policy that could apply.
The insurance company made me an offer already. Should I accept it?
Not before a lawyer reviews it. Insurers know people need money quickly after a crash, and early offers rarely account for future treatment or pain and suffering. We don’t accept a lowball offer just to close a file.
How long do I have to file?
Generally two years from the date of injury for a lawsuit, and only six months for a claim involving a government vehicle or entity. Start early; phone and camera evidence disappears quickly.
Get Your Free, Confidential Case Review, 24/7
The proof that a driver was on their phone doesn’t wait for you to feel better. 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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