Car accidents that cause serious injuries are being blamed more and more on distracted drivers. Cell phones contribute significantly to crashes that happen today. Drivers that are texting, talking, using social media, playing music on streaming services, or even just checking email are becoming huge problems on California roadways. Smart phones that now connect to every aspect of a vehicle's audio system make focusing on the road harder and harder.
San Diego Distracted Driving Injury Lawyer
If you have been injured by texting driver or distracted driver, call an attorney from Rist Law Offices to get help with your case. Our office has worked on hundreds of car accident cases and we have recovered millions of dollars for injury victims.
In every car, motorcycle, bicycle or truck accident case that we work on, we work to obtain the cellular phone records of the negligent driver. In many of these cases, text records show a substantial number of text messages going back and forth just prior to a crash. In some cases we have found that the distracted driver was talking on the phone and texting right at the time that the accident occurred. Our office uses this information to work to obtain a higher settlement or verdict for our clients.
CA Laws on Cellular Phone Use in a Car
California prohibits the use of a cell phone or similar electronic communication device if you are holding it in your hand. The law is supposed to allow for hands-free use of a phone (meaning a person is using voice commands). If a driver is under the age of 18, they are not supposed to be using a cell phone at all while driving.
A first offense can result in a base fine of $20. A subsequent offense results in a base fine of $50. With other assessments added on to these tickets, a violation can result in a total ticket of more than $150 for a first offense. After July 21, 2021, the DMV will also start assessing points against a driver's license for any subsequent violations during a 36 month period.
Some exceptions to the law are for emergency use, use while on private property, or use of a vehicle manufacturer's system that is embedded in a vehicle.
Bus drivers are absolutely prohibited from using a wireless telephone while driving. This includes school bus drivers and/or transit bus drivers.
Using Cellular Phone Records in an Accident Case
Cellular phone records will typically show when a text is sent or received. Sometimes this can be limited if a phone is using the Apple messaging app, snapchat, or another service that does not create an actual record with the phone company. In a serious accident case, our office will send a spoliation letter to the insurance company and the at-fault driver requesting that the at-fault driver maintain their cellular telephone and not delete any messages or call records so that it can be expected later.
In many accidents these records are not even necessary when we deal with an accident that clearly looks like a distracted driver caused the accident (such as a severe rear end accident or one where witnesses saw the driver swerving and using a phone). Sometimes the at-fault driver even admits to cellular phone use or texting before the accident happens.
Get help with your distracted driving injury case today
For more information or to speak to a San Diego texting accident attorney about your case today, call us at (619) 377-4660 or contact us here
. We handle all injury cases on a contingency fee basis, which means there is no fee unless your case is won in court or settled. There is absolutely no charge to speak to an attorney about what happened and see whether you have a case.