Bianca Babaians
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.
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.
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:
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.
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.
In a texting while driving accident, injured parties may be entitled to recover several types of damages:
This includes emergency room visits, doctor appointments, physical therapy, medications, imaging tests, and any future treatment needed as a result of the accident.
If your injuries prevent you from working or reduce your earning capacity, you can claim lost income.
California allows compensation for both physical pain and emotional distress caused by the accident.
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.
Even if the accident wasn’t your fault, taking immediate and organized steps can make a big difference:
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.
Photos of vehicle damage, the accident scene, and your injuries, along with medical records and receipts, can strengthen your claim.
Record details of phone calls or emails with insurance companies. Written records help prevent misunderstandings and ensure nothing is missed.
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 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:
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.
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:
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.
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.
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.
vidence 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.
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.
We take on fewer cases to give every client the focus they deserve. Unlike high-volume firms where cases get lost in the shuffle, we prioritize quality over quantity, delivering the attention and results your case deserves. Experience the difference with our dedicated team.
Great female led personal injury firm with good results and settlements. I highly recommend this law firm for personal injury related matters in Los Angeles and California in general.
