Distracted driving is one of the leading causes of auto accidents across the country, and texting is one of the top culprits. Texting while driving has become increasingly common with the rise of smartphones, as has the number of accidents and deaths resulting from this behavior. If the other driver in your accident was texting at the time of the crash, they can be held liable for the collision and damages. To learn more and secure skilled representation, reach out to a knowledgeable San Mateo County, California motor vehicle accident lawyer today.
What is Distracted Driving?
Distracted driving is a term that refers to any behavior or activity that takes a driver’s attention away from the road. This can include talking to passengers, eating, drinking, adjusting the radio, using a navigation device, or using a cellphone.
Texting is one of the most dangerous forms of distracted driving, as it involves looking at the device, reading a message, taking one or both hands off the wheel to reply, and attempting to steer the vehicle simultaneously. Taking your eyes, hands, and mind away from the task at hand can be extremely dangerous.
Studies conducted by the NHTSA (National Highway Traffic Safety Administration) reported that 3,308 people were killed and an estimated 289,310 people were injured in motor vehicle accidents involving distracted drivers in 2022.
Can a Driver Be Liable for Texting at the Time of an Accident?
Yes, if the other driver involved in your accident was texting at the time of the crash, they can be held liable for the resulting damages. If you can prove that the driver was on their phone, you can establish negligence per se, which simplifies the path of demonstrating the driver’s liability.
Negligence per se is a legal doctrine that means that an individual can be found automatically negligent if it is proven that they have broken a law designed to protect a group of people or the general public. There are laws banning texting and driving to prevent accidents and harm to road users. By violating this law, the driver can be found automatically negligent in the event of an accident.
How Can I Prove Distracted Driving?
If the other driver in your accident was texting while driving, it is on you, as the plaintiff, to provide enough evidence to establish this fact. Relevant evidence that can come in handy when demonstrating that a driver was texting while driving can include:
- Phone records
- Eyewitness testimony
- Police report
- Traffic cameras
- Surveillance footage
- Accident reconstruction analysis
You can work with your attorney to gather and organize these various types of evidence to prove that the other driver was texting or on their phone at the time of the collision. Working with a skilled legal professional is crucial, so do not hesitate to contact an attorney at the Law Office of Allister R. Liao, P.C. today.