If you’ve been involved in a texting while driving accident in Daly City, you may be facing mounting medical bills, lost wages, and pain and suffering. At Omega Law Group, our team of Daly City texting while driving accident lawyers is dedicated to helping you through this challenging situation.
We recommend taking certain steps to increase your chances of receiving the maximum compensation you’re entitled to. Working with a qualified Daly City car accident lawyer is important in building a strong case and advocating for your rights.
Proving Liability in Daly City Texting While Driving Cases
As a victim, you’ll need to demonstrate that the defendant’s actions were reckless and negligent and that their distraction led to the crash. This can be a complex process, and it’s important to work with an experienced Daly City personal injury lawyer who understands the details of texting while driving accident cases.
To build a strong case, your lawyer will need to gather evidence and testimony from various sources, including:
- Witness statements: Eyewitness accounts can be important in establishing liability, but witness credibility issues can arise if statements are inconsistent or biased.
- Phone records: Obtaining phone records can help prove that the defendant was texting or using their phone at the time of the accident.
- Accident reconstruction: A thorough accident reconstruction can help demonstrate how the defendant’s distraction led to the crash.
A skilled Daly City texting while driving accident lawyer will work to prove the liable parties’ negligence and help you build a strong case.
A Daly City Texting While Driving Accident Lawyer Can Help You Understand the Steps To Take
Being involved in an accident caused by a texting driver can be overwhelming. Still, the steps you take immediately afterward can significantly impact your recovery and your ability to seek compensation. Here’s what to do:
Check for Injuries and Seek Medical Attention
Your health and safety are the top priorities after a crash. If you or anyone else is injured, call 911 immediately to request medical assistance. Even if you feel fine, getting checked by a healthcare provider is important since some injuries, like concussions or internal damage, may not show symptoms right away.
Call the Police
It’s important to have law enforcement document the accident, especially if the other driver was texting while driving. The police will create an official report that outlines the details of the crash, which can serve as evidence for your claim. Make sure to ask how you can obtain a copy of the report for your records.
Exchange Information with the Other Driver
Gathering accurate information from the other driver is important for filing insurance claims and pursuing legal action. Be sure to obtain their name, contact details, insurance information, and vehicle details. While speaking with them, avoid admitting fault or apologizing, as these statements could be used against you later.
(310) 526-8383Types of Injuries From Texting Accidents in Daly City
Because texting while driving accidents often involve high speeds and unexpected impacts, they can result in a wide range of severe injuries. If you’re involved in such an accident, you may experience immediate and visible harm, but you may also suffer from less apparent injuries that can have long-term effects on your well-being.
The force of impact in a texting while driving accident can cause blunt force trauma, resulting in broken bones, lacerations, and internal injuries. The sudden stop or change in direction can also lead to repetitive motion injuries, such as whiplash, which can cause chronic pain and discomfort.
Other common injuries from texting accidents include spinal cord injuries, which can result in paralysis or loss of sensation; soft tissue injuries, such as sprains and strains; and emotional trauma, including anxiety and depression. In some cases, texting accidents can also result in fatalities, emphasizing the importance of seeking medical attention immediately after a crash.
How Long Do You Have to File a Texting While Driving Claim in California?
If you’ve been injured in an accident caused by a driver texting behind the wheel in California, it’s important to act quickly to protect your right to seek compensation. Like all personal injury cases, claims for texting while driving are subject to strict deadlines. Here’s what you need to know:
The California Statute of Limitations
In California, the statute of limitations for filing a personal injury lawsuit, including claims involving texting while driving, is generally two years from the date of the accident. This means you have two years to file a claim in civil court to pursue compensation for your injuries, medical expenses, pain and suffering, and other damages.
If you miss this deadline, you may lose your right to file a lawsuit entirely, leaving you without legal recourse to recover compensation. Our team of Daly City texting while driving accident lawyers can help you file on time.
Exceptions to the Two-Year Rule
While the two-year statute of limitations applies to most cases, some exceptions could alter this timeline. These include:
- Claims involving minors: If the injured party is under 18 at the time of the accident, the statute of limitations may be extended until the minor turns 18. In such cases, they typically have until their 20th birthday to file a claim.
- Government entities: If your accident involved a government vehicle or occurred due to the negligence of a government employee, such as a municipal worker texting while driving, you may need to file a claim with the appropriate government agency within six months of the accident.
- Delayed injuries: If you discover injuries later that were not immediately apparent after the accident, the statute of limitations may start from the date the injury was discovered or reasonably should have been discovered.
Contact Our Daly City Texting While Driving Accident Lawyer
By hiring a skilled Daly City texting while driving accident lawyer from Omega Law Group, you’ll greatly improve your chances of receiving fair compensation for your injuries and other damages.
Contact us today for a free consultation.
