Texting while driving is a problem everywhere – but in a busy city like Bakersfield, drivers are at a heightened risk of these types of accidents. Texting while driving accidents can cause property damage, serious injury, and even death. When you or a loved one has been the victim of a texting while driving car accident in Bakersfield or elsewhere in the area, you should call an experienced auto collision attorney from Valero Law Group for guidance on next steps. Our team can help you prove liability and maximize your potential compensation.
California Laws Relating to Texting While Driving Car Accidents
Per California Vehicle Code Section 23123.5, texting while driving is prohibited. A defendant found in violation of this law would be presumed liable for any injuries resulting from any related accident.
Similarly, Section 23124 prohibits drivers under 18 from using a cellphone at all, and Section 23125 prohibits the use of a cell phone while driving unless it is set for hands-free use. Violation of these laws would imply liability in a texting while driving case in Bakersfield. Our team can advise as to the full range of applicable laws, based on the facts of a situation, and leverage a variety of tools and connections to collect evidence proving a driver was texting at the time of an accident and in violation of the law.
Pure Comparative Negligence and the Statute of Limitations
California is a pure comparative negligence state, meaning that an injured person can recover damages even if they were partially or mostly at fault for an accident. Opposing counsel and insurance representatives will often try and pin as much blame for the accident as they can onto the injured person, hoping to reduce their client’s or company’s overall liability. Our skilled team can handle these tactics.
Additionally, the statute of limitations for most personal injury cases in California is two years from the date of injury. We can help get a case assembled in enough time to meet this deadline.
Damages Available After a Texting While Driving Accident
There are two main types of damages available in personal injury cases in California: economic and non-economic. Economic damages are not capped and cover items such as medical bills, lost wages, and property damage. Non-economic damages are subjective and include things such as pain and suffering and loss of enjoyment of life. Non-economic damages are capped at $250,000.
An experienced Bakersfield texting while driving lawyer can help arrive at an accurate number for damages. Our team knows how to properly value a case and can put our legal skills to use in pushing for a proportionate settlement to ensure an injured person has everything they need to comfortably move forward.
Call a Bakersfield Texting While Driving Lawyer Today
Getting hurt in an accident is difficult enough on its own. When you sustain injuries and losses because someone was careless, it can make a hard scenario even more frustrating. Let our team help you get the compensation you need so you do not have to worry about footing the bill for someone else’s mistake.
Call Valero Law Group today for a free consultation. You deserve the very best representation there is as you seek to be made whole for your injuries after a texting while driving car accident in Bakersfield.
Valero Law Group
N/a