When you hit the road, you deserve to drive without wondering about if other motorists are distracted behind the wheel. You should not have to deal with people who disregard safety and choose to text.
Unfortunately, this does not always happen. Many people cause accidents by using their cell phones on the road. Texting while driving car accidents in Los Angeles can be frustrating, especially if you are left with expensive hospital bills or a badly damaged vehicle. Thankfully, a hardworking car crash lawyer could offer personalized guidance and help you seek justice. When you retain one of our legal representatives, you simplify your case process and increase the chances of collecting the damage award you deserve.
California Cell Phone Laws Explained
At a basic level, state laws prohibit cell phones and other similar distractions behind the wheel. This means that drivers are not allowed to look at their smartphones, send text messages, update social media, or browse the internet. The state essentially forbids the use of any phone or item that could easily cause distractions. Even if a driver has their phone in their lap and looks down at it, a police officer could cite them for that.
These actions are prohibited because taking your attention away from the road, even for a second, could cause a wreck that leaves multiple people severely injured. If you were hit by someone who you believe was texting while driving, a seasoned Los Angeles attorney could help you begin your case process.
Is Texting while Driving Automatically Negligent?
In most cases, proving that a defendant used their phone behind the wheel would automatically label them negligent. For example, if a motorist runs a red light and T-bones another driver because they chose to send a text message, they will likely need to assume responsibility for the accident.
Meanwhile, if a plaintiff was also using a cell phone at the time of a crash but they did not cause the accident, the strength of their case might suffer. They might not be able to collect the same amount of financial compensation that they would have been able to if they were not using their phone. Thankfully, if a defendant accuses you of also texting while driving, a tenacious lawyer in Los Angeles could refute those claims and protect the integrity of your accident case.
Acquiring a Cell Phone Record
One of the most crucial stages of establishing negligence in a texting while driving case involves assessing any relevant cell phone records. However, this information is not always publicly available. In many cases, a legal representative will have to subpoena the phone records in order to keep a claim moving forward. This request to examine the information usually happens during the discovery process. A cell phone company will usually release these records when a defendant does not immediately admit to using their smartphone behind the wheel.
Once obtained, these records typically reveal whether or not a defendant was using their phone at the time of a crash. Having this crucial information could make or break your case. If you believe that having access to the defendant’s cell phone record could strengthen the impact of your texting while driving clam, a proactive Los Angeles attorney could help you acquire or subpoena this vital data.
Reach Out to an Attorney about Texting While Driving Car Accidents in Los Angeles
If you were hit by a driver who decided to text, make a distracting call, or update their social media behind the wheel, you might be feeling frustrated and confused about what to do next. However, it is important to remember that you likely have options for holding them legally accountable.
Texting while driving car accidents in Los Angeles are best handled with the guidance of a hardworking lawyer, so do not hesitate to reach out to our firm today. We can help you get back on your feet.