San Diego Texting And Driving Accident Lawyer
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Texting and driving is a form of distracted driving that causes thousands of severe or fatal car accidents every year in the US. In San Diego, using a cell phone or handheld device while driving is illegal. Yet, hundreds of accidents are reported every year where the driver is involved in their phones while driving, keeping their eyes and attention out of the road and causing devastating accidents.
If you or your loved one fell victim to such accidents, get help from us, Shamon Law. Our professional San Diego Texting and Driving Accident Lawyer is here to help.
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What Are The Dangers Of Texting While Driving?
The dangers of texting while driving could be fatal. According to National Highway Transportation Safety Administration (NHTSA), 3,142 people lost their lives to fatal car crashes from texting and driving in 2020.
When one is texting while driving, they are not paying attention to the road for at least 5 seconds (reckless driving). To put it into perspective, if the car is being driven at the speed of 55 miles per hour, it is like driving a distance of 400 ft without looking at the road. Anything can happen in that amount of time and distance.
Naturally, giving your attention to something else means taking it off from driving. NHTSA states that texting while driving is six times more likely to cause an accident than drunk driving. It delays your reaction time by 35 percent, making it difficult to save yourself or other vehicles when there is a threat of an accident.
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How Can A Lawyer Help Prove The Defendant Was Texting And Driving?
If you were injured in an accident where the defendant driver was texting while driving, the state grants you a certain amount of compensation for your losses per the personal injury law in California. But you need concrete evidence of the defendant’s guilt to receive such compensation when you file a personal injury claim. A texting and driving accident lawyer can help you with every aspect of your personal injury case to win fair compensation.
We have compiled every role an accident injury lawyer will play in your injury case to help you understand how they can help in proving that the defendant driver caused the texting and driving accident.
- An attorney will review your case and suggest whether you can represent yourself independently under their guidance or if you need to hire a lawyer to represent you.
- You may not have knowledge of your rights and the insurance policies when you are filing a personal injury claim. Your lawyer will help you understand that and explain all legal and insurance policies associated with your case. This will help you understand what you deserve and identify when the defendant’s insurance company offers you less.
- When working with a texting and driving accident attorney, they will help you gather all evidence that can prove that the defendant was responsible for the accident.
Some primary evidence for the accident can be:
- Statements of witnesses that saw the driver texting.
- Photo, video, or security camera footage of the accident happening or the scene of the accident.
- Police report.
- Your medical report.
- Past similar traffic offenses or convictions of the driver, if any.
- Your lawyer will now investigate all evidence to determine the severity of the accident, possible sharing of faults, and the compensation the accident and your injuries amount to.
- Throughout the case, if you hire a lawyer, they will handle all the phone conversations and meetings with the defendant’s insurance company. Any chance of miscommunication will be eliminated. After conducting the investigation, your lawyer will take it to the negotiation meeting with the insurance company and negotiate the amount on your behalf.
- If there is a disagreement in the settlement amount, you have the legal right to take the case to court by filing a lawsuit against the defendant or their insurance company. Your lawyer will help you through all the procedures and represent you on trial.
How Much Compensation Am I Entitled To If The Driver Caused An Accident While Texting?
The compensation amounts differ in every case as it depends on certain factors that are unique to the cases. For instance, the type of accident, the severity of the injuries you endured, and the extent of the damage to your property determines the compensation amount. At the same time, the compensation is divided into economic and non-economic damage compensation.
Economic damage compensations are meant for direct expenses that came as a result of the accident, like your medical expenses, lost wages at work, property repair costs, therapy, etc. While non-economic damage compensations are meant to balance out and provide you with financial ease for the losses you suffered that are not measurable in prices, like pain, degradation of your quality of life, and giving up things you enjoyed doing out of someone else’s fault.
The overall compensation is an addition of the two types of damage compensation based on your part in the accident.
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Contact San Diego Texting And Driving Accident Attorney
If you or your loved ones are suffering the consequences of a texting and driving accident, contact us today at +1 619 458-3539 for a free consultation about your texting and driving case. We have represented many clients to prove their defendant guilty of distracted driving.
We understand how overwhelming it is to deal with insurance companies that pressure you with a certain amount of compensation you do not understand. No one deserves to suffer the consequences of others’ faults and, added to that, be unfairly treated during the settlement process.
Our wide range of resources and attorneys help you gather solid evidence. As a professional San Diego car accident lawyer, we stand up for the compensation you deserve.