Texting while driving is one of the leading causes of car accidents, as it takes the driver’s eyes off the road, hands off the wheel, and mind off the task of navigating the city’s roadways safely. The increase in injuries and fatalities from texting while driving car accidents has led to several years of effort by the state’s Office of Traffic Safety to increase public awareness and pass laws that prohibit drivers from using handheld devices while operating a vehicle.
If you have been injured in a texting and driving car accident in San Diego, a car accident lawyer from CaseyGerry could help you file a personal injury claim and seek compensation.
Texting while driving is a particularly dangerous form of distracted driving, as it disrupts the visual, manual, and cognitive attention of the driver. When someone is found to have texted while behind the wheel, they face a base fine of $25 for their first offense and $50 for additional offenses. However, penalty assessments can triple that amount. While a conviction for texting and driving does not carry a violation point, it is a reportable offense that can impact the offender’s car insurance rates.
Far beyond the potential penalties for violating the state’s texting while driving laws, violators place themselves and other drivers at risk of harm due to their distracted driving. This act is considered negligent and those who are harmed as a result have the right to seek compensation for the financial and psychological costs of their injuries. Individuals harmed in a texting and driving accident in San Diego can do this by filing a personal injury claim against the at-fault driver’s liability coverage.
When a texting driver causes an accident in which other people are injured, the injured party has the right to seek compensation through a personal injury claim. This claim is generally filed first against the liability coverage of the at-fault driver’s auto insurance policy and demands payment for financial costs related to the accident and injury. These financial costs can include damage to the vehicle, medical bills, wage loss, and psychological costs such as pain and suffering or loss of enjoyment of life.
The insurance provider assigns an adjuster to review the claim and determine whether the insured was liable for the accident. If the insured is found liable, the adjuster will determine how much the insurance provider owes to the claimant. If the insurance provider does not resolve the claim through a fair settlement, it can be filed as a lawsuit within two years of the date of the accident. From there, a judge or jury will determine liability and compensation.
Navigating the claims process after a San Diego texting-while-driving accident can be overwhelming, especially when recovering from injuries. An experienced attorney can build a strong case, prove liability, and fight for the full compensation you deserve. If negotiations fail, your lawyer can take the case to trial and advocate for you in court.
With more than 75 years of experience, the legal team at CaseyGerry has helped clients who have been injured in many types of accidents, including those caused by texting and driving. Our priority is to provide our clients with compassion and support while helping them fight for the compensation they deserve. If you have been injured in a texting and driving car accident in San Diego, let us help you understand your legal options. Contact us today for a free case evaluation.
