Texting While Driving: How Lawyers Prove It in Accident Claims
Texting while driving is becoming increasingly common, meaning there is more danger than ever on the road. However, texting while driving in California is not always executed by taking our hands off the wheel and looking down at our electronic devices. Regardless of how the driver is texting, they are distracted and putting the lives of others at significant risk. Proving that the responsible party was distracted or texting while they should have been focusing on the road is essential in car accident claims, but how do lawyers do it?
If you have been in a car accident and believe the responsible party was texting while driving, contact a lawyer from Younglove Law Group. Our lawyers are first-class and highly experienced, meaning we have access to the valuable information and strategies our clients need to win their legal battles. Our clients trust us to work hard toward their best interests, including bringing them the compensation they deserve.
How Do Lawyers Prove Texting While Driving in California?
In all car accidents resulting in severe injuries, the legal system will require you or your legal representation to prove four items are accurate.
The Other Driver Owes Duty of Care
In most cases, all drivers on the road owe you a duty of care. All drivers must have a driver’s license, pay attention to and follow traffic signals and signs, head toward their destination with caution, and drive defensively. This way requires all drivers to avoid unnecessary distractions, including texting.
Evidence Showing Texting While Driving
While not all texting requires individuals to hold their devices, this does not inherently mean the driver is not distracted if they are not holding their phone. Having a digital assistant text on your behalf could take significant focus and energy, keeping a substantial portion of your attention away from the road.
Your lawyer will need to prove that the other driver was texting or that they were otherwise distracted while driving. They might retrieve photographic or video evidence of the phone in the driver’s hand, gain access to chat logs and time stamps, gather witness statements, and other information pointing in this direction.
Show You Suffered Injuries Due to Their Negligence
To win your case, you must show you have suffered injuries due to the other driver’s negligence. You and your lawyer will need to collect evidence to show that this is accurate, but this is often not difficult to prove for victims.
Display Medical Bills and Expenses
Displaying medical bills will allow you to show the court that you incurred expenses directly due to the accident. You can also demonstrate other losses through documented fluctuation in income, bills for property damage, and other paperwork.
How Do I File a California Car Accident Claim?
Car accident claims will often need to be filed if you want to receive compensation. Allow us to break down some top-level steps, such as the following:
- Call your insurance company: This can show the court you are actively in need of compensation for related expenses and losses. Do not provide a recorded statement without first consulting with a qualified attorney, even to your own insurance company.
- Submit relevant information and evidence: This includes police or crash reports, witness contact information, video and photographic evidence, and other relevant information your insurance company will accept.
- Determine if your insurance company is following through on promises: Your insurance company may attempt to give you less than you deserve, so we recommend you delve into the subject more deeply. You may also suffer expenses greater than your policy would cover, so consider taking additional legal action against responsible parties.
Please ask a lawyer for assistance if you need help getting the compensation you need to recover. Your attorney can help to streamline the legal process for you.
Get the Compensation You Need From Younglove Law Group’s Car Accident Lawyers in California
If you suffered injuries due to another driver texting when they should have been focusing on the road, Younglove Law Group can help you win your case. You should not have to handle these strenuous legal matters alone, and we can give you the assistance you need to focus on your recovery and well-being.
We know that insurance companies do not have your best interest in mind, but we can help you take home the compensation you need. Please do not hesitate to contact us at your earliest convenience. You can do so by calling (949) 691-3660 or completing the contact form on our website. We also have a toll-free number you can call at (844) 810-1800. We are waiting to hear from you and are ready to help you recover.
