What Happens If The Driver Who Hit Me Was Texting?
When a driver is texting while driving, they are engaging in a profoundly dangerous act that significantly increases the risk of accidents. California law prohibits the use of handheld cell phones for most purposes while operating a vehicle. A driver who violates this law and causes an accident can be held liable for your injuries and damages. However, proving that the driver was actually texting—and not simply holding their phone for another reason—can be challenging. This is where a skilled attorney can make all the difference.
The key to a successful claim in these cases lies in gathering compelling evidence. This can include the police report, witness statements, phone records obtained through a subpoena, and potentially even data retrieved from the driver’s cell phone itself. The more evidence we can collect to demonstrate the driver’s negligence, the stronger your case will be. It’s crucial to act quickly to preserve this evidence, as it can be lost or altered over time.
As a personal injury attorney with over 13 years of experience practicing in San Diego, I’ve handled countless cases involving distracted driving. I was trained by a former insurance defense attorney, giving me intimate knowledge of how insurance companies evaluate, devalue, and deny claims. They will often attempt to minimize the driver’s culpability or argue that your injuries were not as severe as you claim. I understand these tactics and am prepared to fight for your rights.
Can I recover damages if the driver claims they weren’t actually texting?
Yes, you can. Even if the driver denies texting, we can still build a strong case based on circumstantial evidence. This might include evidence of recent cell phone activity, witness testimony about the driver’s behavior, or expert analysis of the accident scene. The police report is a crucial starting point, but it’s not the only piece of the puzzle. We will thoroughly investigate the accident and gather as much evidence as possible to support your claim.
Furthermore, California’s laws regarding distracted driving are evolving. Recent changes have broadened the definition of what constitutes illegal cell phone use while driving, making it easier to prove negligence in these cases. We stay up-to-date on the latest legal developments to ensure that your rights are fully protected.
What types of damages can I recover in a texting-while-driving accident case?
You may be entitled to recover a wide range of damages, including medical expenses (past and future), lost wages, pain and suffering, emotional distress, and property damage. In some cases, you may also be able to recover punitive damages if the driver’s conduct was particularly reckless or egregious. The goal is to fully compensate you for all of the losses you have suffered as a result of the accident.
Calculating the value of your claim can be complex, especially when dealing with ongoing medical treatment or long-term disabilities. I will work with you to thoroughly document your losses and ensure that you receive the maximum compensation possible under the law. We will also handle all negotiations with the insurance company on your behalf, protecting you from unfair tactics and pressure.
How long do I have to file a lawsuit after a motorcycle accident involving a texting driver?
In California, you generally have **two years** from the date of the motorcycle accident to file a lawsuit for personal injury. Because evidence at a crash scene—such as skid marks or GoPro footage—can disappear quickly, immediate filing is critical to preserve the integrity of the claim. CCP § 335.1. Delaying action can jeopardize your ability to recover compensation.
It’s important to note that there may be other deadlines that apply in your case, such as a claim filing requirement with the government if the accident involved a public entity vehicle or roadway. I will ensure that all deadlines are met and that your claim is properly filed to maximize your chances of success.
What if the driver has minimal insurance coverage?
If the driver who hit you has minimal insurance coverage, you may be able to recover damages through your own Uninsured Motorist (UM) coverage. Ins. Code § 11580.2. UM coverage is designed to protect you in situations where the at-fault driver is uninsured or underinsured.
I will thoroughly review your insurance policy to determine the extent of your UM coverage and will work to maximize your recovery. We will also explore all other potential sources of recovery, such as the driver’s personal assets or any other available insurance policies.
What should I do if the insurance company asks me to give a recorded statement?
You should **never** give a recorded statement to the insurance company without first consulting with an attorney. Insurance adjusters are trained to ask questions that can be used to minimize your claim or deny coverage altogether. They may try to trick you into making statements that are detrimental to your case.
I will handle all communications with the insurance company on your behalf, protecting you from unfair tactics and ensuring that your rights are fully protected. We will only provide information to the insurance company when it is in your best interest to do so.
