Cell Phone Car Accident Lawyer in El Cajon
In today’s world, people are highly dependent on their cell phones. Unfortunately, many people fail to avoid using them while they are driving. Distracted driving is dangerous and is one of the leading causes of accidents. Texting while driving is especially dangerous because it causes drivers to be distracted visually, manually and cognitively. However, cell phones may also distract drivers when they are answering calls or checking their social media pages. If a driver caused your injury accident when he or she was distracted by a cell phone, you may have legal rights. It is important for you to talk to a cell phone car accident lawyer in El Cajon at our law firm today so that you can learn about the rights that you might have.
Common Types of Distracted Driving Accidents
When drivers look at their phones to check text messages, answer phone calls or to complete other tasks while they are driving, their eyes are taken away from the road. The Centers for Disease Control and Prevention reports that it takes an average of five seconds to read or send a text message. During that time, a driver who is traveling at 55 mph will have gone the length of a football field with his or her eyes away from the road. Drivers who are distracted by their cell phones may cause many different types of collisions. There are several types that are especially likely to happen.
Distracted drivers may not recognize that traffic in front of them has slowed and may collide into the rear of vehicles that are ahead of them. They may also drift out of their lanes and sideswipe cars that are present or collide head-on into oncoming traffic. Accidents may happen in intersections when distracted drivers fail to obey traffic signals and strike cars that have the right of way and are passing through. All of these types of accidents may cause serious injuries or fatalities, and they are preventable.
Proving a Cell Phone Car Accident Claim
Proving a cell phone car accident claim in California requires that you are able to prove that the driver was negligent and that his or her negligence caused your accident, your injuries and your losses. People who violate laws may be considered to be negligent per se. In California, it is illegal for drivers to use phones while they are driving unless they are hands-free devices. Drivers who are younger than age 18 are not allowed to use cell phones at all while they are driving. Your attorney may ask the court for a subpoena to get copies of the other driver’s call logs and SMS records to prove that he or she was using his or her phone in the moments that led up to your accident. With this type of evidence, your chances of success on your claim are very high. Other evidence that might help you to prove your claim may include testimony from witnesses who observed the other driver on his or her phone.
When to Contact a Cell Phone Car Accident Lawyer in El Cajon
In California, there is a two-year statute of limitations for claims involving personal injuries. This limitations period is a deadline for you to file a claim. If you do not file a claim for your losses within that time period, you will not be able to recover compensation for the losses that you have suffered. It is best for you to talk to a cell phone car accident lawyer in El Cajon immediately after your car accident. Some important evidence that supports your claim may be lost as time passes. Getting help from a lawyer early may help you to preserve that evidence so that your claim will be stronger. To receive a free evaluation of your potential cell phone accident claim, contact us today to schedule a FREE consultation. (619) 752-2217
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