Some people lack the patience and discipline to drive safely. They speed, tailgate, run traffic lights, and get behind the wheel intoxicated. But as destructive as these behaviors are, they cause far less injury and death than texting and driving. These motorists put people’s lives at risk to alleviate boredom or save a few seconds. Nordean Law builds cast iron cases against those who hurt people while texting and driving.
If you or your loved one gets injured due to someone else negligence, contact our office online or call 888-527-1267 to schedule your free consultation with an experienced car accident lawyer in Orange County. Our law firm handles car accident cases on a contingency fee basis, which means we don’t get compensated if you don’t get compensated.
What Are the Dangers of Texting While Driving?
Very few people publicly admit that they feel entitled to drink and drive. Rather, most drunk drivers agree, at least while sober, that driving under the influence is dangerous and irresponsible. Yet drunk drivers injure or kill thousands of people in California every year.
With all the publicity about the dangers of texting behind the wheel, few people publicly admit that they think it’s okay to text and drive. Drunk drivers probably claim they avoid texting and driving because it is dangerous and irresponsible. Yet drivers distracted by texting hurt and kill more people in California than drunks.
According to the State of California, texting while driving is six times more likely to cause an accident than intoxicated.
Texting and driving in any situation is hazardous. Any time a vehicle is in motion and your eyes are off the road, you risk colliding with another vehicle, stationary object, or pedestrian. Some of the most horrific texting and driving accidents happen because texting causes the driver to do the following:
Enter a Highway Going the Wrong Direction
Signs clearly show drivers which entrance ramps to use. Many even have flashing yellow lights to make sure everyone sees them. But if you are blinded to road signs because you are texting, you can make the fatal mistake of driving onto a highway going the wrong direction.
Because vehicles travel at such high speeds on these roads, it is difficult for drivers to stop, slow down, or maneuver away from a wrong-way vehicle. Unfortunately, the worst wrong-way crashes cause multiple fatalities.
Drifting Into the Wrong Lane
Often, a texting driver drifts into another lane, causing a collision. These are terrible accidents when the motorist drifts into a lane with traffic going in the opposite direction. The result is a wrong-way crash that is often fatal.
Failing to See a Stoplight or Stop Sign
A texting driver can be more dangerous than intentionally running a red light. At least the intentional red-light runner is aware of his surroundings. For example, a texting driver may plow into another vehicle without even attempting to swerve or brake, leading to severe injuries or death.
Failing to See a Pedestrian or Cyclist
Drivers must share the road with walkers and cyclists. While texting, a driver may blow through a crosswalk and strike a pedestrian or mow down a cyclist proceeding ahead. The results are often severe injuries and deaths.
Rear End Collisions
Sometimes, traffic stops suddenly. Unfortunately, a texting driver may never know the traffic ahead has stopped.
Common injuries from texting while driving includes the following:
- Fractures and broken bones
- Herniated disc injury
- Nerve damage
- Burn injuries
- Brain injuries
- Spinal cord injuries
- Wrongful death
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How Can a Lawyer Prove a Driver Caused an Accident While Texting?
The most relevant factor in a personal injury case is who is at fault for the accident. Therefore, proving the other driver was texting may not be essential to your claim.
Some accidents, such as rear-end collisions, leave little doubt about the fault. The other driver is responsible regardless of why he caused the crash. However, it helps if you can prove the other party was texting. It strengthens your case and helps outweigh any counterclaim that you were at or partially at fault.
In addition, in cases where the fault is less clear, the fact that the other driver was texting may prove pivotal. Lawyers work hard to prove the other party was texting so their client is not unfairly blamed for the collision and receives the maximum award.
Lawyers can prove texting and driving through several methods:
- Witness statements
- Police reports
- Cell phone records
- Interrogatories and depositions
- Cross examinations
- Showing inconsistencies in the other party’s statements
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How Much Compensation Am I Entitled to if the Driver Caused an Accident While Texting?
California law uses pure comparative negligence to decide how much to award injured parties. Pure comparative negligence assigns a percentage of fault to each party between 0% and 100%. As the plaintiff, you want the court to assign you 0% of the liability and the other party 100%. When this occurs, you receive 100% of your demonstrable damages.
However, the defendant may argue that you are at least partially at fault. For instance, he could maintain that you were speeding and contributed to the accident.
Proving the defendant was texting while driving often overcomes any counterclaims of partial plaintiff liability. If your attorney proves that the defendant failed to yield because he was distracted by texting, the defense will have a hard time convincing a jury the defendant is less than 100% at fault.
CONTACT A TOP RATED ORANGE COUNTY Texting and Driving Accident LAWYER
Anyone hurt by a texting driver deserves total compensation. Statistics prove texting and driving are more dangerous than drinking and driving. But people do it anyway, resulting in carnage.
Contact Nordean Law to build a winning case against a texting driver. There is no excuse for texting and driving; we will win every penny you deserve. And when we win, we pay you.