The council found that 3,142 people were killed in distracted driving traffic crashes in the U.S. in 2020, representing an increase of approximately 1% over 2019.

Although there are many forms of driver distraction, texting and driving ranks among the deadliest.

What makes texting and driving so dangerous?

Texting is the most alarming form of driver distraction, according to NHTSA. This is because sending or reading a text message takes the driver’s eyes off the road for five seconds at a time. When a vehicle is traveling at 55 mph, that’s equivalent to driving the length of a football field with your eyes closed. Texting requires three types of attention from the driver: visual, manual, and cognitive. 

The Swanson Law Group: Caring, supportive, and empathetic

Our San Jose car accident attorneys at The Swanson Law Group have extensive experience representing injured people in car accident cases. We have a history of success, having recovered more than $100 million in settlements and awards. When it comes to our clients, we are caring, supportive, empathetic, offering hope, health, and compensation for your injuries. To the insurance industry, on the other hand, we are relentless, dangerous, and unstoppable. After we step in, our clients have hope and feel like they’re a part of a winning team. That’s when the insurance company starts getting nervous.

What is the law on texting and driving in California?

Texting while driving is specifically prohibited under California Vehicle Code Section 23123.5. The law states: “A person shall not drive a motor vehicle while holding and operating a handheld wireless telephone or an electronic wireless communications device unless the wireless telephone or electronic wireless communications device is specifically designed and configured to allow voice-operated and hands-free operation, and it is used in that manner while driving.” Any driver caught texting and driving in California can be issued a citation with a fine of $20 for the first offense and $50 for every subsequent offense.

How can you prove the at-fault driver was texting and driving?

It’s against state law to text and drive. There are several ways in which an experienced San Jose car accident attorney can show that the other driver was texting:

  • Refer to the police report: The driver who caused the crash may have admitted texting and driving to the investigating officer.
  • Subpoena the other driver’s cell phone records: These records provide data on what times text messages, emails, or phone calls were made or sent. 
  • Interview witnesses: An eyewitness to the crash may have seen the other driver texting at the time the collision occurred.
  • Check camera footage: Dashcam or surveillance camera footage may provide incontrovertible proof that the at-fault driver was texting. 
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What compensation can you recover for a San Jose texting and driving collision?

If you’ve been hurt in an accident caused by someone who was texting and driving, you’re entitled to seek compensation for your losses. Damages you are entitled to claim will depend on the extent and nature of your injuries and other circumstances in your case. Common damages in distracted driving car accidents include:

  • Medical expenses (past, present, and future)
  • Lost wages or earnings
  • Loss of future earning potential
  • Permanent impairment
  • Physical pain and suffering
  • Emotional trauma
  • Mental anguish
  • Scarring and disfigurement
  • Diminished quality of life

Do you need a lawyer after an accident caused by a driver who was texting?

Your best chance of recovering full compensation for your injuries is to have an experienced San Jose personal injury attorney managing your claim. Insurance companies are in business for profit. They will try to minimize their payout or deny your claim altogether. You may receive a lowball settlement offer that falls far below the true value of your claim. Insurance companies make their money at the expense of injured people. They delay or deny claims for mysterious reasons, demand unreasonable amounts of paperwork, and bully victims into accepting pennies on the dollar for their injuries. It’s routine for them, and this is why it’s important to speak with a lawyer before accepting any settlement or signing anything with the insurance company. 

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