# San Jose Texting While Driving Accident Lawyer 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](https://www.omegalaw.com/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](https://www.omegalaw.com/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](https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=VEH§ionNum=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. ### Hurt in an accident? Our personal injury lawyers in San Jose are here to help. [![Telephone Icon](https://www.omegalaw.com/wp-content/themes/omega-rebuild/assets/app/svg/telephone-white.svg)(310) 526-8383](tel:+13105268383) ## We 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](https://www.omegalaw.com/blog/here-are-the-three-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. ### Injured in an accident? Our personal injury lawyers in San Jose are here to help. [![Telephone Icon](https://www.omegalaw.com/wp-content/themes/omega-rebuild/assets/app/svg/telephone-white.svg)(310) 526-8383](tel:+13105268383) ## You 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? [![Telephone Icon](https://www.omegalaw.com/wp-content/themes/omega-rebuild/assets/app/svg/telephone-white.svg)(310) 526-8383](tel:+13105268383) ## 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 Omega Law Group online or call today to discuss your case with a San Jose texting while driving accident attorney. San Jose Car Accident Blog Posts: [![Friends watch the Super Bowl at a viewing party in California. If you drove from out of state for the game, an attorney can help you seek damages.](https://www.omegalaw.com/wp-content/uploads/2026/01/out-of-state-driver-accidents-and-california-laws-what-super-bowl-visitors-should-know-300x200.jpg)](https://www.omegalaw.com/blog/out-of-state-driver-accidents-and-california-laws-what-super-bowl-visitors-should-know/) ### [Out-of-State Driver Accidents and California Laws: What Super Bowl Visitors Should Know](https://www.omegalaw.com/blog/out-of-state-driver-accidents-and-california-laws-what-super-bowl-visitors-should-know/) Many visitors in town for Super Bowl weekend expect busy roads and long wait times, but fewer understand how California [![A rideshare passenger uses a cellphone while the driver steers the vehicle. Increased rideshare use after the Super Bowl can lead to accidents. An attorney can explain liability in Uber and Lyft crashes.](https://www.omegalaw.com/wp-content/uploads/2026/01/super-bowl-rideshare-accidents-uber-lyft-and-liability-explained-300x200.jpg)](https://www.omegalaw.com/blog/super-bowl-rideshare-accidents-uber-lyft-liability-explained/) ### [Super Bowl Rideshare Accidents: Uber, Lyft, and Liability Explained](https://www.omegalaw.com/blog/super-bowl-rideshare-accidents-uber-lyft-liability-explained/) The hours before and after the Super Bowl are hectic, bringing heavier rideshare traffic across the area. Busy pickup [![A digital highway sign warns drivers against the dangers of drinking and driving. If you were hurt in a drunk driving crash after the Super Bowl, you can explore your legal options with a lawyer.](https://www.omegalaw.com/wp-content/uploads/2026/01/dui-accidents-after-the-super-bowl-legal-options-for-drunk-driving-victims-300x182.jpg)](https://www.omegalaw.com/blog/dui-accidents-after-the-super-bowl-legal-options-for-victims/) ### [DUI Accidents After the Super Bowl: Legal Options for Drunk Driving Victims](https://www.omegalaw.com/blog/dui-accidents-after-the-super-bowl-legal-options-for-victims/) You know when it's Super Bowl Sunday. Game time means packed watch parties, busy roads, and late-night traffic across [![Cars sit in heavy game traffic on a road. Large sporting events can push traffic into nearby streets and highways, increasing congestion and crash risks.](https://www.omegalaw.com/wp-content/uploads/2026/01/super-bowl-traffic-in-santa-clara-accident-risks-road-closures-and-safety-tips-300x149.jpg)](https://www.omegalaw.com/blog/super-bowl-traffic-in-santa-clara/) ### [Super Bowl Traffic in Santa Clara: Accident Risks, Road Closures, and Safety Tips](https://www.omegalaw.com/blog/super-bowl-traffic-in-santa-clara/) If you're going to (or live near) the Super Bowl in Santa Clara, expect traffic patterns in the area to change quickly, --- Source: https://www.omegalaw.com/san-jose/car-accident-lawyer/texting-while-driving/