In an instant, a text message can devastate a life. Each day, distracted drivers put innocent lives at risk by taking their eyes off the road to read or send texts. If you or a loved one has suffered injuries from a texting driver, you need an advocate committed to justice.
For decades, the Roseville car accident lawyer of Triumph Law have helped hundreds of accident victims in Roseville obtain fair compensation after collisions caused by dangerous distractions like cell phone use.
We understand the profound physical, emotional, and financial toll these crashes can take, having witnessed the consequences of split-second inattention. Our team of skilled texting while driving accident lawyers in Roseville can help you hold the at-fault driver accountable.
Proving Negligence in a Texting While Driving Accident Case
To establish liability in a texting while driving accident case, it is essential to prove that the driver’s negligence directly caused the accident. Negligence refers to the failure to exercise reasonable care while driving, which includes not paying attention to the road due to texting.
This can be demonstrated by presenting evidence such as phone records showing that the driver was texting at the time of the accident, witness testimonies, and surveillance footage if available.
Additionally, it is important to establish that the driver’s negligence was the proximate cause of the accident, meaning that it was the direct cause of the injuries or damages suffered by the victim. Proving negligence in a texting while driving accident case can be easier with a thorough investigation and help from a Roseville personal injury lawyer.
Seeking Compensation for Damages in a Texting While Driving Accident Lawsuit
Importantly, victims of texting while driving accidents can seek compensation for their damages through a lawsuit. When pursuing a lawsuit for damages in a texting while driving accident, there are several key factors to consider:
- Proving negligence: Victims must demonstrate that the driver’s texting while driving was a breach of their duty to drive safely and caused the accident.
- Types of damages: Victims can seek compensation for various damages, including medical expenses, property damage, lost wages, pain and suffering, and emotional distress. Your Roseville texting while driving accident lawyer can make a thorough accounting of these losses.
- Insurance coverage: It is essential to determine the insurance coverage of the at-fault driver as it may play a significant role in the process. When insurance coverage is limited, a lawyer may be able to identify other avenues of compensation.
- Legal representation: Hiring an experienced texting while driving accident lawyer is crucial to navigating the complex legal procedures and maximizing the chances of obtaining fair compensation.
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How Can I Gather Evidence to Support My Claim in a Texting While Driving Accident Case?
Gathering evidence to support a claim in a texting while driving accident case requires thorough documentation. Even if shaken up or injured after the crash itself, it pays to calmly yet urgently obtain identifying information.
Gather contact information from all other drivers, passengers, and eyewitnesses to the incident. This includes obtaining witness statements, collecting photos or videos from bystanders currently on the scene if possible, or even preserving debris patterns.
If you were physically unable to collect this type of evidence, Your distracted driving lawyer in Roseville has the resources and experience to help track down critical evidence for you.
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Is It Possible to Sue the Person Who Was Texting and Driving If I Was a Passenger in Their Vehicle?
Yes, it is possible to sue the person who was texting and driving if you were a passenger in their vehicle, even if they are a family member or close friend. As the operator of the motor vehicle, the driver owes a legal duty of care to ensure the safety of all occupants.
If the driver’s negligent actions, such as texting, contributed to losing control of the car and causing an accident, they can be held liable for any resulting injuries to passengers. Passengers have every right to pursue financial compensation for medical costs, lost wages, pain and suffering, and other damages through a personal injury lawsuit if the driver’s distracted behavior directly led to the crash.
Consulting with an experienced car accident attorney can help injured parties understand their options for seeking fair remedy under the law.
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Are There Any Exceptions to California’s Texting While Driving Laws?
There are certain exceptions to California’s texting while driving laws. For example, drivers are allowed to use their cell phones in hands-free mode and in emergency situations. However, it is important to consult with a lawyer to fully understand the specific exceptions and how they may apply to your case.
Contact a Roseville Personal Injury Law Firm to Learn More in a Free Consultation
More than just a law firm, we offer compassionate support. We work to hold reckless texters accountable and help secure full and fair compensation for your future, and we get results.
If you’ve lost wages, endured medical bills, or are facing long-term care due to a texting driver, trust that we will fight tirelessly to get you the maximum support you deserve.
Contact us today for a free consultation about your accident case.
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