Sacramento Texting and Driving Accident Lawyer

Even though texting while driving is illegal in California, some drivers still opt to use their phones behind the wheel. According to the CDC, sending or reading a text message while traveling 55 miles per hour is akin to driving a football field’s length with your eyes closed. The danger of this distraction cannot be overstated.

If you have sustained injuries due to a negligent driver in Sacramento, speak with a highly qualified Sacramento texting and driving accident lawyer to seek damages through a texting and driving accident claim.

At Eric Ratinoff Law Corp., we know that texting and driving is one of the most dangerous activities a driver can engage in behind the wheel. Over 424,000 were injured in collisions involving distracted drivers in 2019 in the U.S. We have provided exceptional representation for injured victims affected by negligent drivers for over 30 years and are prepared to fight for you.

California Texting & Driving Laws

California has strict laws prohibiting texting and driving to promote road safety, including other handheld devices. The following are key points regarding California’s texting and driving laws:

  • Handheld devices: It is illegal for drivers to hold mobile devices while driving. This includes using the device for texting, phone calls, scrolling online, or other activities.
  • Texting while driving: It is illegal for drivers to write, send, or read text messages.
    Other electronic devices: It is illegal for drivers to use other electronic devices, such as laptops, tablets, or other handheld devices.
  • Exceptions: There are some exceptions to texting and driving laws. For example, drivers may use their phones to contact emergency services, such as law enforcement or ambulances, in an emergency. You may also use a cell phone while driving on private property.

Drivers are permitted to use hands-free devices via Bluetooth and voice commands as well as use speakerphone capabilities as long as it is hands-free. However, drivers under 18 are prohibited from using a cell phone for any reason.

How to Prove Liability in a Texting & Driving Accident Claim

If you have been involved in an accident where the liable driver was texting while driving, you must prove negligence in your texting and driving accident claim. A seasoned Sacramento car accident lawyer can help you prove liability via the following:

Gathering Evidence

It is essential to gather evidence at the accident scene, such as pictures of vehicle damage, skid marks, or debris on the road. The sooner you hire a Sacramento texting and driving accident attorney, the better, as a skilled lawyer will conduct an extensive investigation into the accident to obtain time sensitive evidence. Additionally, your attorney will likely obtain the liable driver’s phone records through a subpoena, interview eyewitnesses, and gather other vital evidence.

Establishing a Legal Duty of Care

An experience attorney will show that the liable driver had a legal duty to exercise reasonable care while driving. In California, drivers must abide by traffic laws and regulations to ensure the safety of other motorists, pedestrians, and cyclists sharing the road.

Proving a Breach of Legal Duty of Care

California law prohibits drivers from using handheld devices, including sending, receiving, or reading text messages. To prove a breach of legal duty, you must prove that the liable driver was texting while driving. An attorney can review cellular phone records, stoplight surveillance footage, or eyewitness testimony.

Illustrating How a Breach of Duty Caused the Accident

You must prove that the liable driver’s breach of duty was the direct cause of the accident. This may involve showing that the driver was not paying attention to the road because they were texting, and this caused them to collide with your vehicle.

Demonstrating Accident Damages

Lastly, you must show that you suffered damages from the texting and driving accident. A highly qualified Sacramento texting and driving accident attorney can help you determine the value of your claim by looking at pay stubs, medical bills, property repair receipts, or other important documents.

Damages Recoverable in a Successful Texting & Driving Accident Claim

Depending on your unique texting and driving claim, you may recover economic and non-economic losses resulting from accident injuries, including the following:

  • Present and future medical expenses
  • Lost wages
  • Loss of future earning capacity
  • Disability
  • Scarring
  • Cognitive impairment
  • Property replacement or repairs
  • Emotional duress
  • Pain and suffering
  • Loss of enjoyment of life
  • Rehabilitation or physical therapy
  • Medication management
  • Medical devices

A seasoned Sacramento texting and driving accident lawyer will fight to hold the negligent party accountable for the injuries and accident-related damages you have suffered.

Contact the Highly Qualified Texting & Driving Lawyers at Eric Ratinoff Law Corp.

If you have sustained injuries due to a driver who was texting, the Sacramento texting and driving lawyers at Eric Ratinoff Law Corp. are prepared to fight for the maximum compensation you deserve. We have a national and state-wide reputation for success and are well-versed in navigating the most complex car accident claims.

To learn about your best legal options, call (916) 970-9100 today for a consultation or fill out our contact form.