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Cell phone use while driving is dangerous and puts lives at risk. When drivers are distracted, their cognitive functions are disrupted, making foreseeable accidents unavoidable.
For this reason, many states, including California, prohibit using hand-held mobile devices while operating a vehicle. They impose fines and penalties for individuals who violate these rules.
When someone is injured in a crash caused by a distracted driver, they can file a car accident lawsuit for damages. That’s where the Castro Valley car accident lawyers at Lone Star Injury Attorneys can help.
Suing responsible parties allows victims to get justice for injuries and related financial losses. Speaking with a Castro Valley texting while driving accident lawyer is essential for discovering your legal options and whether you have a case.
Proving Liability in a Texting and Cell Phone Accident
Generally, anyone who brings a car accident claim must present enough proof to receive compensation. Proving fault in a car accident case entails demonstrating how another party’s actions caused the crash and the subsequent losses. The first element of negligence vital for establishing liability is “duty of care.” You must show that the other party was expected to comply with a set standard of care while operating a vehicle.
Next, the expected duty of care must be breached. In a texting and cell phone accident, breach of duty means another party, especially a motorist, violated local laws using hand-held devices behind the wheel. Any behavior a reasonable person would not engage in under similar circumstances is considered a breach of duty.
Once established, the plaintiff must also prove that the breach caused harm. For example, if a distracted driver stopped at a red light on time and a pedestrian tripped and fell at a crosswalk due to ice, that driver cannot be held responsible for the fall. But if the driver failed to yield because they were distracted and hit a pedestrian, they are directly responsible for the accident. This link is referred to as causation.
Damages are the last element of negligence necessary for proving liability in a Castro Valley texting and cell phone accident. They vary depending on the impact of a crash, but are usually categorized as economic or non-economic. Economic damages are financial and cover lost income, medical expenses, vehicle repair costs, rehabilitation costs, and related out-of-pocket costs. Non-economic damages are intangible and compensate personal injury victims for lost consortium, reduced quality of life, permanent impairment, pain and suffering, emotional distress, and lost companionship.
For a free legal consultation with a texting while driving accident lawyer serving Castro Valley, call (832) 449-8230
Vicarious Liability in Texting and Cell Phone Accidents
When an employee engages in reckless behavior within the scope of work, such as navigating a GPS for delivery, the employer may also be held responsible. In scenarios involving texting and cell phone use while driving, courts examine whether a driver’s actions at the time of the crash were tied to employment-related duties. The vicarious liability rule holds employers responsible for the recklessness of employees while on duty.
However, this rule does not apply when employees act outside their scope of employment. For example, if a delivery van driver texts a friend or makes personal calls, the employer cannot be liable for an accident. An experienced Castro Valley personal injury lawyer can work with experts to investigate the circumstances and timelines of a crash to determine whether the vicarious liability rule applies.
Castro Valley Texting While Driving Accident Lawyer Near Me (832) 449-8230
Damages in a Texting and Cell Phone Accident Case
Car accident victims may be entitled to various damages depending on liability, insurance, and losses suffered. Damages in an injury case are categorized as economic and non-economic.
Economic damages compensate for financial losses, while non-economic damages cover intangible losses. Both aim to make the plaintiff whole again. In scenarios involving gross negligence or recklessness, a judge or jury may award punitive damages to punish the at-fault party and deter similar behavior.
Typical damages in a texting and cell phone accident include:
- Current and future medical expenses
- Reduced or lost income-earning ability
- Lost wages
- Emotional distress
- Physical pain and suffering
- Lost companionship
- Lost consortium
- Vehicle repair costs
A seasoned auto wreck attorney will gather evidence from police reports, witness statements, traffic footage, and expert testimonials to demonstrate liability.
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Discuss Your Case With a Castro Valley Texting While Driving Accident Lawyer
Distracted driving is a careless behavior that often results in devastating traffic accidents. You should consult Lone Star Injury Attorneys about potential compensation for injuries or property damage in a Castro Valley texting and cell phone accident.
Our Castro Valley texting while driving accident attorneys are adept at helping victims get justice for harm suffered. You can schedule a free case review by completing our online contact form now.
Call or text (832) 449-8230 or complete a Free Case Evaluation form