Karlin & KarlinN/a
With how much time each day the average person spends glued to their smartphones, it is, unfortunately, no surprise that hundreds of traffic accidents in California each year can be traced back to a driver texting while driving. This unlawful practice is even more dangerous—and potentially even deadly—when it is a truck driver doing it, since even momentary distraction when operating a massive commercial vehicle could lead to a catastrophic collision with a smaller commuter car.
Anyone who suffered an injury in a texting while driving truck accidents in Rialto should know that they have important legal rights at their disposal. With assistance from a seasoned truck accident attorney, you may be able to recover compensation for all your injuries and losses by proving that a truck driver’s negligent behavior was directly responsible for causing them.
California maintains one of the more thorough texting while driving laws in the country, as the relevant state statute prohibits far most than just sending or reading text messages behind the wheel. According to California Vehicle Code §23123.5, it is illegal in Rialto for any driver to hold and use a handheld wireless communications device while their vehicle is in motion in most situations.
The only exceptions are if the device is being used in a hands-free and/or voice-operated capacity, or the device is mounted on the dashboard or windshield and the driver performs their desired function with a single button or screen press. A first offense is punishable by a $20 fine, with subsequent offenses raising this amount to $50.
While these fines are certainly not severe all by themselves, any truck driver ticketed for a texting-while-driving violation immediately after a truck accident in Rialto would almost certainly bear liability for any injuries and losses that incident causes. Even if no such citation exists, a truck accident attorney may be able to prove a truck driver was texting behind the wheel by subpoenaing their cell phone records for the period leading up to the crash.
While proving based on a preponderance of the evidence that a truck driver’s cell phone use was directly to blame for an accident can be tricky in many situations, the rest of the litigation process for this type of claim works essentially the same as it would for any other truck crash case. An injured plaintiff who can show negligence by a truck driver may be eligible to recover for both economic and non-economic forms of harm, including vehicle repairs or replacement, all past and future medical expenses, all forms of lost work income, and various forms of pain and suffering.
However, even in situations where a traffic citation clearly shows a truck driver is at fault, compelling their insurance company to make a fair settlement offer following a texting while driving truck accident in Rialto can be a truly Herculean task. One of the most important roles seasoned legal counsel could play during recovery efforts is that of advocate for the plaintiff during negotiations with insurance representatives, pushing tenaciously for the compensation an injured party deserves.
Even though texting behind the wheel is illegal in almost every state in America, it still serves as an all-too-common cause of serious accidents. Fortunately, the fact that texting while driving is against the law in California should provide you with strong grounds for a civil claim against any truck driver who engages in this behavior, provided you can prove that they did so and that it was the proximate cause of your injuries.
If you were caught up in a texting while driving truck accidents in Rialto, the way you approach the process of seeking civil compensation could have an immensely consequential impact on your future. Call today to speak with a legal professional about your options.