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Because using a phone involves visual, manual, and cognitive distractions, texting while driving car accidents in San Francisco often result in full-speed collisions, with no attempt to brake or swerve. In addition, the city’s high density of pedestrians and cyclists often causes distracted drivers to strike unprotected individuals, sometimes resulting in life-threatening or fatal outcomes.
At Altair Law, our trusted car accident injury attorneys have extensive experience handling complex personal injury claims and advocating on behalf of our clients. Contact us today to schedule a consultation and learn how we can help you.
To establish negligence in a San Francisco automobile crash involving texting while driving, the plaintiff must prove that the at-fault driver failed to exercise reasonable care to prevent harm and violated the state’s hands-free laws. This law prohibits holding or touching a phone while driving for any reason, even when stopped at a red light, and violations constitute evidence of a failure to act with reasonable care.
The law requires that drivers mount their phone and use voice commands or a single tap or swipe to operate it. Texting takes one’s eyes, hands, and mind off the road, constituting a breach of the driver’s duty to operate their vehicle safely. The law also prohibits drivers under 18 from using a handheld phone at all, including hands-free devices.
The only exception to this law is an emergency call to law enforcement, a medical provider, or the fire department. Our legal team could obtain the following evidence to prove that another driver was distracted and caused a collision:
Such documentation can be used to show how an accident occurred, identify liability, and value a claim.
The body’s natural response to trauma can mask serious pain and symptoms for hours or even days after a wreck. Some injuries, such as internal bleeding or organ damage, while initially invisible and painless, could become life-threatening if not caught early. Concussions may show subtle signs days later, such as light sensitivity or mild confusion, and soft tissue damage, such as whiplash or back strains, often involves delayed inflammation that peaks well after the crash. Injuries to the head, back, and neck, as well as broken bones, are also common.
When filing a personal injury case after a texting while driving auto collision in San Francisco, one must demonstrate that the accident directly caused their injuries. Seeking medical care immediately is critical for both the injured individual’s physical recovery and the success of their legal claim. Waiting to see a doctor could open the door for insurance adjusters to argue that something other than the crash caused the victim’s injuries.
Medical records are objective evidence of injury, and often include injury details that describe levels of pain and disability that are helpful for calculating non-economic damages, including pain and suffering, emotional distress, and loss of enjoyment of life. The state also allows victims to seek compensatory damages, including quantifiable financial losses such as:
The amount of compensation one can claim depends heavily on the severity of their injuries and the impact they have had on their life. Our results-driven attorneys are committed to ensuring our clients receive the full compensation they deserve for an accident caused by another individual’s negligence.
Injured individuals generally have two years from the date of the crash to file a lawsuit. Once they have reached maximum medical improvement, an attorney from our firm can submit a settlement demand to the at-fault driver’s insurance company, detailing the evidence and outlining our client’s total losses.
The insurer may offer a settlement. However, it may take several rounds of negotiation to reach a fair compensation agreement. If the insurer refuses to pay a fair amount, our San Francisco car accident lawyers can help file a formal lawsuit to recover full and fair damages.
Texting while driving car accidents in San Francisco and throughout the state can result in complex legal claims. An experienced lawyer from our firm can immediately issue preservation letters to prevent evidence from being deleted and obtain footage from nearby businesses, cameras, and dashcams to show distraction. We work hard to support our clients throughout the legal process, keeping them informed while allowing them to focus on their physical recovery.
Call Altair and schedule a free consultation to discuss your legal options with one of our supportive and dedicated auto accident attorneys.
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(509) 588-7993