Has a Driver Hit You While Texting and Driving?

April 3, 2020

Texting while driving is a serious hazard to public safety—in fact, recent studies suggest that the driving abilities of someone texting behind the wheel are about as impaired as those of a drunk driver! Despite this, many drivers do it anyway. In response to this nationwide threat to public safety, many states have enacted laws against texting or talking on the phone while operating a vehicle, in an attempt to keep drivers’ collection attention on the road. All too often, motorists choose to ignore these warnings, and end up injuring themselves and other people in subsequent motor vehicle accidents.

If you’ve been involved in a texting driver accident in Chico, CA, call a personal injury attorney as soon as possible—you may have the opportunity to recover physical, emotional and financial damages.

What to do after an accident
When you’re in any type of accident, the first thing you should do is call the police and emergency services, if necessary. Exchange contact information with the other driver and any potential witnesses, and give the police your full statement, including any evidence which could prove that the other driver was texting or distracted.

You should always get checked out by a medical professional, even if you feel fine—some injuries don’t immediately reveal themselves while the victim is in a state of shock, and can take hours (or even days) to appear. This initial precautionary step will also help you recover damages in the event you start feeling symptoms after an accident—putting off medical treatment may give the other side an excuse to argue that your injuries were not related to the accident.

After talking to the police and receiving a medical evaluation, you should call a personal injury attorney if you plan on making a claim against the other driver. In fact, retaining counsel quickly is one of the most reliable ways to get the maximum possible recovery for your injury claim.

Ways to prove the driver was texting
Of course, in order to recover damages, you’ll need to prove that the other driver was responsible for the incident. Without some kind of objective evidence, it’s your word against theirs, and that can make determining fault for the accident difficult. As such, securing evidence that the other driver was texting at the time of the accident can be extremely potent proof that they were distracted.

Generally, cell phone records will be the strongest evidence that the driver was using their phone at the time of the accident, but the other driver is probably not going to give that information up without a fight. Having qualified and experienced counsel that can file suit and subpoena those records is key to getting around that obstacle.

In California, handheld use of a cell phone (including texting while driving) is illegal for all drivers, while cell phone use is entirely banned for drivers less than eighteen years of age. These laws generally make it easier to establish distracted driving, but victims without a skilled attorney will often miss such opportunities.

Have you been involved in an accident caused by a texting driver in Chico, CA? The Law Offices of Max G. Arnold, Inc. can help you get financial compensation for your damages. Our skilled attorneys have 35 years of experience handling personal injury cases, and would be glad to provide a free initial case evaluation. Reach out to us today to learn more about whether you have a case and how we can help you.

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