Driving is a privilege, not a right. It is every driver’s duty to operate the vehicle with due care, caution, and prudence. When a driver does not take these responsibilities seriously, it can lead to dangerous driving situations. One of the most common causes of car accidents today is texting and driving.
This form of driver distraction has taken over the country, and is still a serious risk despite California passing laws against handheld cell phone use while driving. After a crash with a distracted driver in the Bay Area, come to Henshaw & Henry, PC for a free legal consultation with our San Jose car accident lawyers. The law may entitle you to compensation.
California has several laws regarding cell phone use while driving. One law bans all drivers from using handheld “wireless communication devices” of any kind while operating a vehicle. Drivers may still use hands-free devices, unless they are under the age of 18. A second law bans drivers younger than 18 from using cell phones of any kind while driving. There is a third law that prohibits texting and sending other electronic messages while driving. California’s cell phone laws do not apply to vehicle passengers. Exceptions to the law are as follows:
Breaking California’s texting and driving law, and subsequently causing a car accident, is an act of negligence that is punishable with fines and liability for damages. Despite the risks, California drivers text and drive daily. According to the California Office of Traffic Safety, 61% of California drivers reported a cell phone using driver hitting or almost hitting them in the past. As the victim in a distracted driving crash, you are most likely eligible for full recovery of damages. The attorneys at Henshaw & Henry can help you pursue compensation.
At Henshaw & Henry, PC, we have the tools to gather evidence that a driver was texting or otherwise illegally using an electronic device while driving at the time of your collision. As soon as you retain our firm, we will file an action to preserve evidence. This will safeguard the driver’s cell phone records from destruction. We can collect the driver’s phone records to serve as evidence of illegal or negligent cell phone use. We can also collect eyewitness statements, in case someone saw the driver texting prior to the collision.
To have a personal injury claim against the distracted driver, you must prove that a) the driver owed you a duty of care, b) the driver breached this duty, c) the breach caused the crash, and d) you suffered damages as a result. The team of San Jose injury attorneys at Henshaw & Henry, PC understands all of the elements and requirements to pursue compensation for a car accident in the San Jose civil courts. Contact us to learn more about your potential claim.