Texting and driving might not seem like a big deal, but distractions from texting are behind a significant number of serious car accidents. Taking attention off the road to check a text, even for just a moment, drastically reduces reaction times and increases the risk of a crash.
If you have injuries from an accident with a texting driver, you should speak to a San Jose car accident lawyer from Omega Law Group Accident & Injury Attorneys. Texting drivers are negligent under the law, and we can pursue financial compensation from the party that caused your injuries.
Contact our offices today to schedule a free case consultation with a texting while driving accident lawyer in San Jose.
Why You Need a Lawyer After a Car Accident in San Jose
Navigating the legal landscape after a car accident can be an exercise in frustration. Insurance companies are businesses first and foremost, so they will prioritize their bottom line over your losses. They may claim that you caused the accident or question the severity of your injuries.
An experienced San Jose personal injury lawyer can be your legal representative during the insurance claims process and manage your case for you. Lawyers understand auto insurance law and will know how to pursue a claim effectively.
An injury lawyer can also escalate your case to a formal lawsuit if the insurance company refuses to pay. You may benefit from the help of a dedicated professional in the aftermath of a car accident, so don’t hesitate to contact an attorney.
Texting While Driving Is Illegal in San Jose
California Vehicle Code 23123, also called California’s “hands-free” law, prohibits driving a car while using a mobile telephone or similar device with your hands. The restriction applies to any activity that involves using your hands with a phone, like checking or sending text messages, reading emails, scrolling social media feeds, and watching videos.
Texting and driving distracts motorists and increases the risk for others using the road. If a texting driver causes an accident, they can legally be considered negligent. Under California law, parties found negligent may be held liable for the damages they cause.
If a texting driver has hurt you, we can help you file a claim against their auto policy’s liability insurance. The process is complex and has many steps, but we can manage the case for you.
(310) 526-8383We Can Help You Pursue Compensation for Your Injuries
The losses after a serious car accident can derail your life and create enormous financial pressure. Our goal is to seek adequate financial compensation while you focus on healing and rebuilding.
A San Jose texting while driving accident lawyer can pursue compensation for:
- Medical bills. Most importantly, a car accident settlement may compensate you for the cost of emergency medical treatment and recurring medical expenses (e.g., prescriptions, PT/OT, etc.).
- Lost work income. If your injuries require you to take off work, you may claim the income you would have made during that time. You may also be compensated for any reductions in your lifetime earning potential due to disability.
- Pain and suffering. Your attorney can also pursue compensation for the pain and suffering, mental anguish, emotional distress, and other non-economic losses associated with your injuries.
- Miscellaneous injury expenses. Other economic losses covered in a lawsuit could include alternative transportation, housekeeping costs, and additional childcare expenses.
Proving the Other Motorist Was Texting and Driving
Texting and driving is one of the most common types of distracted driving in San Jose, but it can be tricky to prove in a court of law. Effectively, you need evidence showing the at-fault motorist was using their phone with their hands when the accident happened, such as:
- Text logs and cell records showing time stamps of messages
- Video footage of the motorist using their mobile phone
- Eyewitness accounts attesting that the driver was texting
- Onboard vehicle data showing signs of distraction (e.g., sudden stops/swerves)
- Cell phone activity logs showing screen use
- Statements from the driver admitting to phone use
In texting while driving cases, the onus of proof is on the victim, so the more evidence, the better. We can examine your case from all angles to find evidence of negligence and hands-free violations.
(310) 526-8383You Have Limited Time to File a Texting and Driving Accident Claim in San Jose
California’s personal injury statute of limitations gives you no more than two years to file a lawsuit for a texting and driving accident. However, you should never wait till the last minute to file a personal injury claim. Evidence from car accidents fades quickly, and waiting makes it harder to connect your injuries to the crash.
Consider speaking with an attorney as soon as possible. They can address any evidentiary issues and ensure you meet filing requirements and deadlines. Filing delays are one of the most common reasons insurers deny claims, so time is of the essence.
Have you been involved
in an accident?
(310) 526-8383 Contact a San Jose Texting While Driving Accident Lawyer
Selecting experienced legal representation is an important step in the process of pursuing your claim, so choose wisely. Contact Omegal Law Group online or call today to discuss your case with a San Jose texting while driving accident attorney.
