Getting hit by a texting driver creates a particularly frustrating and dangerous situation. Distracted driving accidents are entirely preventable, yet they continue to cause thousands of injuries and deaths across California each year. When someone chooses to text while driving and causes an accident, the legal consequences can be severe for them and beneficial for your injury claim.
California law strictly prohibits handheld cell phone use while driving. This includes texting, emailing, browsing social media, or any other manual interaction with electronic devices. Drivers caught texting face fines starting at $162 for first offenses, with penalties increasing for repeat violations. However, the real consequences come when texting causes an accident that injures other people.
Proving the Driver Was Texting
Establishing that the other driver was texting at the time of your accident requires gathering specific evidence that may not be immediately obvious at the crash scene. Cell phone records, known as call detail records, can show the exact times when text messages were sent and received. These records often provide the clearest proof of distracted driving.
We work with accident reconstruction specialists to analyze the crash pattern, skid marks, and impact damage to determine if the other driver’s actions were consistent with distracted driving. Texting drivers often fail to brake before impact or make sudden, erratic steering movements when they finally look up from their phones.
Witness statements can be crucial in texting cases. Other drivers, passengers, or pedestrians may have observed the at-fault driver looking down at their phone before the crash. Security cameras from nearby businesses sometimes capture footage showing a driver’s head position and hand movements immediately before an accident.
Legal Implications of Texting While Driving
When a driver causes an accident while texting, they face both criminal charges and civil liability. Criminal charges typically involve reckless driving or vehicular manslaughter in severe cases. The civil liability means they’re responsible for paying damages to everyone injured in the crash.
California operates under a comparative negligence system, but texting while driving represents such clear negligence that it often results in the texting driver bearing full responsibility for the accident. Courts view texting and driving as a conscious choice to engage in dangerous behavior, not merely a momentary lapse in judgment.
Insurance companies representing texting drivers often try to settle cases quickly to avoid the negative publicity and higher damages that can result from trial. They understand that juries have little sympathy for drivers who chose to text instead of paying attention to the road.
Enhanced Damages and Compensation
Accidents caused by texting drivers often result in higher compensation awards than typical car crashes. This occurs for several reasons. First, texting drivers frequently cause more severe accidents because they don’t attempt to brake or take evasive action before impact. Second, the deliberate nature of choosing to text while driving can support claims for punitive damages in extreme cases.
As your Ventura, CA car accident lawyer, we document not only your medical expenses and lost wages but also the preventable nature of your injuries. The fact that your injuries resulted from someone’s deliberate decision to text while driving often increases the pain and suffering damages available in your case.
Gathering Cell Phone Evidence
Obtaining cell phone records requires legal action in most cases. Wireless carriers don’t release detailed usage records without a court order or subpoena. This is why having legal representation becomes crucial in texting driver cases – we have the tools and experience to obtain this critical evidence.
Modern smartphones store extensive data about usage patterns, including app activity, screen time, and detailed messaging logs. Forensic analysis of the at-fault driver’s phone can reveal exactly what they were doing at the time of your accident, even if they deleted messages or call logs afterward.
Common Defense Tactics
Insurance companies and defense attorneys use predictable strategies to minimize liability in texting cases. They may argue that the driver was using hands-free technology, claim that passenger testimony is unreliable, or suggest that other factors caused the accident.
We’ve handled cases where the defense claimed the driver was using voice-to-text features, only to discover through forensic analysis that they were actually typing messages manually. Phone records often show patterns of behavior that contradict the driver’s claims about their phone usage.
Long-term Consequences
Texting while driving accidents often result in serious injuries because of the complete lack of defensive driving behavior. When drivers don’t see accidents coming, they don’t brace for impact or take measures to reduce the severity of the crash. This frequently leads to traumatic brain injuries, spinal cord damage, and other catastrophic injuries.
Cohen Injury Law Group, P.C. has extensive experience handling cases involving distracted drivers and understands how to build strong cases that hold texting drivers accountable for their actions. We work with technology consultants, accident reconstruction teams, and medical professionals to document the full impact of these preventable accidents.
If you’ve been injured by a texting driver, contact Cohen Injury Law Group, P.C. for a free consultation to discuss your legal options. We’ll fight to hold the distracted driver accountable and help you recover the maximum compensation available under California law.