Fullerton Texting While Driving Car Accident Lawyer

In California, texting while driving—which includes reading, composing, or sending a text message—is illegal under state law. While there are potentially serious penalties for engaging in this illegal behavior, many drivers still text while traveling on the roads.

As a result, distracted driving is a frequent cause of car crashes in Fullerton. However, when a driver’s distracted behavior causes a crash, they might be legally responsible for any subsequent injuries and damages.

If you were injured by a distracted driver, consider speaking with a Fullerton texting while driving car accident lawyer to discuss your legal options. A compassionate accident attorney could help explain your legal rights and determine if you may seek compensation from the at-fault party or parties.

Determining Liability When a Driver is Texting

Often, injury lawsuits are founded upon the legal theory of negligence. Generally, a successful negligence claim alleges that a plaintiff’s injuries were directly caused by the defendant who failed to exercise an appropriate level of care under the circumstances. When driving, for example, appropriate care includes maintaining effective control of one’s vehicle, obeying traffic laws, and engaging in reasonably safe driving behavior.

Under California law, texting while operating a vehicle can constitute negligent behavior, and if a defendant harms someone while texting, they may be held liable for any injuries that result. Therefore, determining that this negligence was, in fact, the cause of the accident is usually an essential step for a claim.

The legal process for establishing this negligence might be difficult, however, especially if a claimant is underprepared or underrepresented. A skilled Fullerton texting while driving car accident attorney could help a claimant investigate the circumstances of a crash in order to determine negligence.

Comparative Negligence and Compensation

California relies on a pure comparative negligence system when determining fault for an accident. This system provides an avenue for an injured individual to still be able to recover a portion of their damages even if they were partially at fault for the accident that caused their injuries.

Essentially, in situations where the plaintiff’s conduct contributed to the cause of the accident, the amount of money the plaintiff can recover is reduced proportionally to match their level of fault. For example, a claimant who is found to be 40 percent at fault for an accident would only be entitled to recover 60 percent of their total damages at most.

Unlike many other states, though, this system affords the right to recover to plaintiffs who are found to be more than 50 percent responsible for their accident. A texting while driving car crash lawyer in Fullerton could provide further clarification about how this system works and how it may apply to a particular case.

Get in Touch With a Fullerton Texting While Driving Attorney

If you are injured in a crash by a driver who was texting behind the wheel, you may be entitled to receive financial compensation for your damages. However, after a crash, you may have numerous questions and feel overwhelmed about the prospect of filing suit and going to court. Mounting medical bills and the inability to work might add stress to an already difficult and stressful situation.

Fortunately, a Fullerton texting while driving lawyer could help build a claim on your behalf so that you may focus on your recovery. Call today to schedule a consultation and learn more about your legal rights following a crash.