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Los Angeles Texting and Driving Accident Lawyer

Texting and driving is illegal in most states and has been a rising problem on the roadways in California. Drivers can get distracted by many things, whether these distractions are inside or outside of their vehicles. However, when a driver willingly chooses to text while driving, they recklessly put everyone at risk, including themselves.

According to the California Office of Traffic Safety (OTS), distracted driving was considered the largest issue on the road by around 70 percent of Californians surveyed in the 2019 OTS Public Opinion Survey. Specifically, surveyors named texting and talking. Cell phone use has become a modern-day staple of daily living. However, when it leads to someone getting injured or killed on the road, it becomes a serious public safety concern.

If you or a loved one was injured in a texting and driving accident in Los Angeles, you may have legal options to pursue compensation. A Los Angeles texting and driving accident lawyer from Jacoby & Meyers Law Offices can explain how to build your case and serve as your legal representative. Call (888) 522-6291 for a free consultation.

California Recognizes Texting and Driving as a Major Problem on Roadways

The California Vehicle Code (VEH) §23123.5 forbids drivers from holding and using cellphones or any other electronic wireless communications device while operating a vehicle. For examples of an “electronic wireless communications device,” the statute lists the following:

  • GPS devices
  • Laptops with mobile data access
  • Handheld devices, such as tablets
  • Broadband personal communication devices
  • Pagers

Drivers aged 18 and older may use these devices hands-free, which allows people to utilize GPS and Bluetooth functions. However, minors are completely forbidden from using cellphones in their vehicles.

To reduce the rates of texting and driving accidents, the OTS launched the “Put Your Phone Down. Just Drive” campaign to shed light on the dangers of using a cellphone and other electronic devices while driving. This campaign is a follow-up to their 2015 “Silence the Distraction” campaign, which was aimed at younger drivers aged 16 to 24 and focused on smartphone culture.

Using a smartphone ultimately takes a driver’s attention away from driving, whether they are using their eyes to read a text or social media post, typing with their fingers, or focusing their thoughts on their phone rather than the road. Once a driver takes their attention away from driving, they may be less aware of hazards, traffic signals, or crossing road users.

If a Teen Driver Is Involved in Your Case

While anyone can be guilty of texting and driving, teenage drivers tend to be more prone to this bad habit than older age groups. According to the AAA Foundation for Traffic Safety, over 50 percent of teen drivers admitted to using a smartphone while they were driving, and 25 percent admitted to texting and driving within the past 30 days.

Because teen drivers are still relatively new to driving, their experience level is not as high as that of drivers who have had a license for numerous years. The AAA Foundation for Traffic Safety states that it can take teen drivers several years to reach the same skill level as more experienced drivers, which may contribute to a higher accident risk during their early driving years.

If your accident involved a teen driver, you may need to consult your lawyer regarding who may be responsible for damages. If the driver is still legally a minor, their parents might have vicarious liability over them. Otherwise, you may pursue compensation from the driver if they are 18 or 19. Your lawyer can help you evaluate which route may apply.

Your Personal Injury Lawyer Can Help You Pursue Compensation

After a texting and driving accident, you might have incurred several forms of damages. You can discuss these personal injuries with your lawyer to divide them and estimate their value.

Many damages fall under economic and non-economic categories. Economic damages focus on financial losses or damages that have a tangible monetary value. Non-economic damages, on the other hand, may not be based on direct monetary measures, as these losses are more personal in nature.

Examples of non-economic damages might include:

  • Pain and suffering, which applies to both physical and emotional pain
  • Permanent disability if you were permanently injured in a texting and driving accident
  • Loss of enjoyment in life if your injuries prevent you from enjoying hobbies and life activities you enjoyed prior to the accident
  • Loss of consortium if your injuries altered your relationship with loved ones

Economic damages are more concrete and might involve your medical expenses, costs for repair or replacement of your vehicle, or income you lost while you were recovering from your injuries.

Your lawyer can review your case and current life challenges to determine which damages you may be able to claim as personal injuries. They can then help you file an insurance claim or personal injury lawsuit to pursue compensation.

You Have a Limited Time to Claim Compensation

ShShould you decide to bring a lawsuit against the at-fault driver, you must do so within two years after the accident occurred. This is a statutory deadline that plaintiffs must follow if they want to pursue recovery of damages or real property, and it is written in the California Code of Civil Procedure (CCP) §335.1.

If you are interested in filing a lawsuit, it may be helpful to act as soon as possible so that you file within the required timeframe. Call Jacoby & Meyers Law Offices at (888) 522-6291 so we can evaluate your case and determine whether you may be eligible to file. A Los Angeles texting and driving accident lawyer from our team can help explain the legal process for your case.

Call Jacoby & Meyers Law Offices About Your Accident Today

If a distracted driver hit your vehicle and caused injuries, you may have the option to pursue compensation. You can work with a Los Angeles texting and driving accident lawyer from Jacoby & Meyers Law Offices to file an insurance claim with the at-fault party’s insurer. In some situations, you may also be able to file a personal injury lawsuit against the distracted driver if negotiations with the insurer do not resolve the matter.

Call our office at (888) 522-6291 if you want to learn more about how we may assist you with your case. We can also answer any questions you might have. The first consultation is free.

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Disclaimer: This content does not constitute legal advice. Past results do not guarantee future outcomes. Every case is different and must be evaluated on its own facts.

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