If you’ve been involved in a Mountain View texting while driving accident, it’s important to understand your rights and options. At Omega Law Group, our team of experienced Mountain View texting while driving accident lawyers can guide you through the process of seeking compensation for your injuries and losses.
If you or a loved one has been injured in a texting while driving accident, we encourage you to reach out to a Mountain View car accident lawyer for support and guidance. We put our clients first, always! Let our family take care of your family.
Proving Liability in a Mountain View Texting Accident Lawsuit
In a texting while driving lawsuit, you must prove the other party’s liability to receive compensation for your losses. Our Mountain View personal injury lawyer can help you with the following steps:
Determining Fault
When you’re involved in texting while driving in an accident, establishing liability is important in proving liability in a lawsuit. To determine fault, you’ll need to gather evidence, such as police reports, witness statements, and phone records. Your Mountain View texting while driving accident lawyer will help you analyze this evidence to identify the at-fault party.
In California, the state follows a comparative fault system, which means that fault can be apportioned between multiple parties. However, if you’re found to be partially at fault, your compensation may be reduced.
Establishing Negligence
In a texting while driving accident case, you may need to show that the other party’s actions were negligent in several ways. Some possible examples of negligence include:
- The other party failed to keep their eyes on the road and hands on the wheel while driving.
- The other party was aware of the risks of texting while driving, but chose to do so anyway.
- The other party’s actions were reasonably foreseeable to cause harm to others.
- The other party’s texting while driving directly caused the accident and resulting injuries.
Assigning Responsibility
It’s important to note that the at-fault party’s insurance company may try to shift some of the blame to you by claiming contributory negligence. However, skilled texting while driving accident attorneys can help you counter this argument by presenting evidence that the other party’s actions were the primary cause of the accident.
To assign responsibility effectively, your lawyer will gather evidence, such as phone records, witness statements, and accident reports, to demonstrate the at-fault party’s negligence. We will also assess the extent of your injuries and damages to determine the compensation you’re entitled to.
Factors of Texting While Driving Accidents
Texting while driving is a major cause of accidents. These factors contribute to the risks and dangers associated with texting behind the wheel:
- Distracted driving: Texting diverts a driver’s eyes, hands, and focus away from driving, significantly increasing the likelihood of a crash.
- Speeding and recklessness: Drivers often miss traffic changes or road hazards while texting, leading to speeding, improper lane changes, or collisions.
- Inexperienced drivers: Younger drivers are more prone to texting and underestimate the dangers, increasing accident risks.
- Poor conditions and traffic: Bad weather, heavy traffic, or road hazards require full attention; texting under these conditions amplifies the danger.
Common Injuries in Mountain View Texting Accidents
Texting while driving accidents can result in various types of injuries. Common injuries include:
- Serious head trauma, such as concussions, skull fractures, and brain damage, can lead to cognitive impairment, memory loss, and emotional changes.
- Spinal cord injuries, including herniated discs, spinal fractures, and nerve damage, can cause chronic pain, numbness, and paralysis.
- Orthopedic injuries, such as broken bones, sprains, and strains, can require surgery and extensive rehabilitation.
- Soft tissue injuries, including lacerations, bruises, and whiplash, can cause chronic pain and discomfort.
If you’re involved in a texting while driving accident, it’s important to seek medical attention immediately, even if your injuries seem minor. Some injuries may not be apparent right away, and delayed treatment can exacerbate the condition. A thorough medical evaluation can help diagnose and treat your injuries, reducing the risk of long-term complications.
A Mountain View Texting While Driving Accident Lawyer Can Recover Damages
If you’ve been injured in a texting while driving accident, you need to determine who’s liable for your damages and calculate the amount of compensation you’re owed. This involves analyzing the circumstances surrounding the accident and gathering evidence to support your claim.
Calculating Damages Amounts
Your pursuit of justice in a texting while driving accident involves more than just proving liability. You’ll also need to calculate the amount of damages you are owed. Calculating damages amounts is an important step in your case, as it determines the compensation you’ll receive for your losses.
To calculate economic damages, you’ll need to document and total the monetary costs associated with the accident, such as medical expenses, lost wages, and property damage. Calculating non-economic damages, on the other hand, involves assigning a value to non-monetary losses like pain and suffering, emotional distress, and loss of enjoyment of life.
To calculate these amounts, you’ll need to gather supporting documentation, such as medical records, pay stubs, and repair estimates. It’s also necessary to consult with experts, like economists and medical professionals, to help you accurately assess your losses. A skilled Mountain View texting while driving accident lawyer can help guide you through this process and advocate for your rights.
Filing Insurance Claims
Once you’ve calculated the damages amount, it’s time to seek compensation for those damages by filing an insurance claim. It’s important to review your insurance policy to understand your coverage and policy limits. Before submitting your claim, consider the following:
- Review policy limits: Verify the maximum amount your insurance company will pay for damages.
- Check for coverage exclusions: Ensure that your policy doesn’t exclude damages related to texting while driving accidents.
- Gather supporting evidence: Collect police reports, witness statements, and other relevant documentation to support your claim.
- Keep detailed records: Document all correspondence with your insurance company and keep a record of your claim’s progress.
It’s important to note that there’s a statute of limitations for filing a lawsuit in California. Typically, you have two years from the date of the accident to file a claim. If you miss this deadline, you may be barred from seeking compensation. Your lawyer will help you handle these deadlines and ensure that your rights are protected.
Injured in an accident?
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Contact a Mountain View Texting While Driving Accident Lawyer
If you’ve been injured in a texting while driving accident, you’ll need a skilled lawyer to help you seek compensation. At Omega Law Group, our experienced Mountain View texting while driving attorneys will handle the investigation, negotiations, and lawsuit on your behalf, allowing you to focus on your recovery.
Contact us today for a free consultation.
