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Texting While Driving Accidents: Claiming for Personal Injury Damages in California

By Edited Jun 28, 2016 0 0

In the State of California, texting while driving is not only outright dangerous, but also unlawful. Pursuant to two California Vehicle Codes (VCs), it is unlawful for drivers to use their electronic handheld devices while operating their vehicles. These two VCs are:

VC Section 23123 – Under this California traffic law, drivers are not allowed to use their handheld wireless devices while operating their motor vehicles. Additionally, this VC allows motorists aged 18 and over to use “hands-free” devices.

VC Section 23124 – Pursuant to this VC, California drivers under the age of 18 are not allowed to use electronic devices whether hands-free or handheld while driving.

The main intention of the abovementioned traffic rules is to solve traffic problems associated with texting or distracted driving. Automobile accidents caused by distracted drivers are one of the most common forms of traffic mishaps. According to the National Highway Traffic Safety Administration (NHTSA), in 2009 alone, at least 20 percent of traffic accidents were caused by distracted drivers. Moreover, the agency found out that in the same year, about 5,400 people were killed due to distraction-related road accidents.

Studies suggest that drivers who use their electronic handheld devices, such as cell phones, are four times more likely to get involved in a car accident than motorists who do not. Furthermore, traffic safety researches found out that texting while driving can delay a motorist’s reaction time in the same way as having a blood alcohol concentration (BAC) of .08 percent.

In California, people who got injured in a traffic accident caused by a distracted have the right to pursue a personal injury case. Under the tort law, a person who gets hurt or injured due to the negligent actions of another individual may be entitled to personal injury compensations. Some of the injury damages that distraction-related car accident victims may be eligible to assert for are:

•    Hospitalization and medication expenses
•    Damage to property expenses
•    Loss of income
•    Loss of consortium damages
•    Pain and suffering damages
•    Mental and emotional damage

Californians who get injured in a car accident caused by a texting driver are advised to do the following to strengthen their claim for injury compensations:

1. Keep and secure all bills, records, and receipts incurred due to the accident.
2. Write down in a journal details of the negative experiences you had due to the accident.
3. Contact a Los Angeles personal injury lawyer who can help you assert for your claim.

Distracted driving can not only cause injuries but also legal troubles. In relation to this, it is a must for all California drivers to refrain from using their cell phones and other electronic gadgets while driving.



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