A Blog for California Lawyers

Car Accident claims in California when other driver is texting

If you are in a car accident and the other person caused the wreck because they were texting and driving, then you need to realize that you most definitely have a personal injury claim. Texting and driving is becoming more and more of an issue that leads to auto accidents across the United States. There is no way to look at a telephone to send a text and pay attention to the road. Because of this, if someone is texting while driving and they cause an accident, then they are automatically at fault and they are automatically negligent. If you were injured in this type of auto accident, then you need to make a personal injury claim.

When you make a personal injury claim, it is up to you to show that the other party is negligent. In a texting while driving auto accident, you will not have any trouble showing that the other party was in fact negligent and liable for your injuries. All you will need to do is provide a police report and other information indicating the wreck was caused by someone who was texting while driving.

You will need to provide documentation of your losses as well. These losses will include all of your medical bills and any lost wages you have because you missed work. If you will have future medical expenses or lost wages due to accident related disability, then these losses will need to be calculated and included as well. It is important that you have an estimated amount of losses. If you do not, then you will not know what minimum amount you are willing to accept in settlement.

In a texting and driving case, you are very likely to be able to settle since proof of negligence is so straightforward. However, the insurance company may try to lower the settlement amount, which means there could be a negotiation process. It is vital that you have a personal injury lawyer experienced with vehicle accident claims so that the negotiation process will be handled in the proper manner. If the insurance company refuses to settle for a realistic amount, then you may still have to take the claim and the case to court.

Texting and driving is becoming more and more of a problem, and if you are injured in this type of auto accident, then you need to make sure you file a personal injury claim quickly.