Distracted driving is one of the leading causes of car accidents in California, and texting while driving is one of the most dangerous forms of distraction. Even a momentary glance at a phone can change lives in an instant. If you’ve been involved in a crash where texting was a factor, you might be feeling overwhelmed by medical bills, insurance paperwork, and uncertainty about your rights.
At Babaians Law Firm, we help Californians understand the process after a texting-related car accident and guide them in taking the proper steps to protect themselves.
What Is a Texting While Driving Accident?
A texting while driving accident occurs when a driver’s attention is diverted from the road due to texting, emailing, or using a phone for other messaging purposes. In California, texting while driving is illegal for all drivers under California Vehicle Code §23123.
This law prohibits using a handheld wireless phone while operating a vehicle unless it is hands-free. When a driver violates this law and causes an accident, they may be considered negligent, which can impact liability in a personal injury claim.
Texting while driving not only affects the driver, but it also affects passengers, other motorists, pedestrians, and cyclists. Understanding how these accidents happen and your rights after a crash is the first step in protecting yourself.
Common Injuries in Texting-Related Accidents
Accidents caused by texting while driving can be severe because distracted drivers often fail to brake in time or may swerve unexpectedly. Common injuries include:
- Whiplash and neck injuries
- Broken bones or fractures
- Concussions or traumatic brain injuries
- Back and spinal injuries
- Emotional trauma or anxiety after the accident
Even if your injuries seem minor at first, such as bruises or soft-tissue strains, documenting everything is crucial. Medical attention not only ensures your health is addressed correctly but also provides evidence that can support your claim.
Liability in Texting While Driving Accidents
In California, the driver who was texting at the time of the accident is typically liable for any injuries or damages they cause. However, liability can sometimes involve multiple parties. For example, if a commercial vehicle or rideshare driver caused the accident, insurance policies from both the driver and the company may apply.
California follows a comparative negligence system under Civil Code §1714. This means that if you share any degree of fault in the accident, your compensation could be reduced proportionally. For instance, not wearing a seatbelt might slightly reduce your recovery, but it doesn’t prevent you from filing a claim.
What You Can Recover
In a texting while driving accident, injured parties may be entitled to recover several types of damages:
1. Medical Expenses
This includes emergency room visits, doctor appointments, physical therapy, medications, imaging tests, and any future treatment needed as a result of the accident.
2. Lost Wages
If your injuries prevent you from working or reduce your earning capacity, you can claim lost income.
3. Pain and Suffering
California allows compensation for both physical pain and emotional distress caused by the accident.
4. Other Expenses
Costs such as transportation to appointments, home modifications, or therapy for emotional distress can also be included in your claim.
Understanding these categories early on helps you track your losses and strengthens your position when dealing with insurance companies.
Steps to Take After a Texting While Driving Accident
Even if the accident wasn’t your fault, taking immediate and organized steps can make a big difference:
1. Seek Medical Care Immediately
Some injuries may not show symptoms right away. Prompt medical attention not only protects your health but also creates documentation linking your injuries to the accident.
2. Document the Scene and Your Injuries
Photos of vehicle damage, the accident scene, and your injuries, along with medical records and receipts, can strengthen your claim.
3. Keep Track of Communication
Record details of phone calls or emails with insurance companies. Written records help prevent misunderstandings and ensure nothing is missed.
4. Maintain a Personal Injury Journal
Write down how your injuries affect your daily life, sleep, work, and routines. Emotional impacts, activity limitations, and pain levels all support your claim.
Evidence That Supports Your Claim
Evidence is critical in texting-related accidents because you need to show that the driver was distracted at the time of the crash. Valuable evidence may include:
- Cell phone records showing texting activity
- Witness statements confirming distraction
- Dashboard camera footage or surveillance videos
- Photos of the accident scene and vehicle damage
Collecting evidence quickly preserves details that could fade or be lost over time. The stronger your evidence, the better your position when discussing your claim with insurance companies.
How Babaians Law Firm Can Help
Dealing with the aftermath of a texting while driving accident can feel overwhelming, especially when managing medical care and insurance communications. At Babaians Law Firm, we guide you through every step:
- Investigating the accident and gathering evidence
- Organizing medical records, receipts, and other documentation
- Communicating directly with insurance companies to protect your claim
- Explaining your rights and options clearly and understandably
With support from our team, you can focus on recovery while knowing that your case is being handled carefully. We are available 24/7, offer free case evaluations, and charge no fees unless you win.
Take the First Step
If you were injured in a texting while driving accident in California, you don’t have to face the process alone. Call (818) 334-2981 or reach out through our website to schedule a free consultation. Taking action early ensures your rights are protected and your losses are fully documented.
Frequently Asked Questions
1. Can I file a claim if the other driver was texting and I wasn’t wearing a seatbelt?
Yes, you can still file a claim. California uses a comparative negligence system, which may slightly reduce your recovery. You remain eligible to pursue compensation for medical bills, lost wages, and pain and suffering.
2. How do I prove the other driver was texting?
Evidence can include cell phone records, witness statements, and surveillance or dashboard camera footage. Photos of the scene and vehicles can also support your case. Documenting details quickly helps preserve crucial information.
3. How long do I have to file a texting while driving accident claim?
Most claims must be filed within two years of the accident under California law. Filing promptly ensures your rights are protected and helps maintain evidence. Delays can make it harder to support your case effectively.
