Texting While Driving Car Accidents in Fullerton
In California, texting while driving is illegal. However, strict laws do not prevent it from being one of the leading factors contributing to severe injuries on the road. A driver who uses the phone behind the wheel is acting negligently. If they cause a crash while doing so, the injured party can seek compensation.
Recovering damages in texting while driving car accidents in Fullerton can be complicated. Having the guidance of a skilled auto collision attorney is vital. With a legal professional on your side, your chances of claiming maximum compensation increase significantly.
Evidence in Texting While Driving Accidents
Proving that a Fullerton driver was texting while on the road requires a comprehensive investigation of the crash. Common types of evidence in such cases include:
- Cell Phone Records: Obtaining the driver’s cell phone logs can show if the phone was in use at the time of the accident
- Eyewitness Testimonies: Witnesses who saw the driver using their phone or behaving erratically can provide valuable testimony
- Traffic Camera Footage: Video footage from nearby cameras can capture a driver using a phone right before the crash
- Text Message and App Time Stamps: Investigators can look at the exact time stamps on text messages, emails, or social media activity to match the timing of the accident
The majority of such evidence has to be subpoenaed by the injured party’s attorney. This evidence can help prove negligence, which is the basis of a personal injury claim.
How Much Is Compensation for a Texting While Driving Crash?
The amount an injured party can recover from a texting while driving car wreck in Fullerton depends on multiple factors, including the type and severity of the injuries. Typically, an injured person can seek compensation for the economic and non-economic losses they sustain due to the wreck.
Economic Damages
Economic damages include all the financial impacts of an accident. This includes all current and future expenses related to medical care such as surgeries, rehabilitation, medical devices, prescriptions, emergency treatment, and more. Economic damages also include personal property damage, loss of wages from missing work, and a diminished earning capacity.
Non-Economic Damages
Non-economic damages cover the more subjective losses related to a crash. This often includes pain and suffering, emotional trauma, PTSD, and a loss of enjoyment of life.
The claim amount has to be backed with evidence that includes medical bills, expert witness testimony, and doctors’ reports. An experienced attorney could help collect this evidence and present it to the insurance company or the at-fault party’s lawyer.
Statute of Limitations for Texting While Driving Crashes
Injuries a person sustains in texting while driving car accidents in Fullerton can keep them from focusing on legal action. In California, injured parties have two years from the date of the crash to file a personal injury lawsuit.
However, waiting too long to file a claim could hurt the case dramatically. Evidence can disappear, witnesses can forget important details, and at-fault parties can leave the state.
That is why many people choose to delegate legal action to a personal injury attorney as soon as possible while taking the time to tend to their health.
Talk to an Experienced Attorney About Texting While Driving Car Crashes in Fullerton
If you were injured in a car accident caused by texting while driving in Fullerton, you may be entitled to compensation. Proving negligence in these cases can be challenging, which is why having experienced legal support is essential.
The skilled team at CD Law is committed to helping you pursue the compensation you deserve. To schedule a consultation, feel free to reach out to us anytime.