Cell Phone Related Car Accidents in San Jose
San Jose has implemented its Vision Zero plan to reduce traffic collisions and eliminate traffic fatalities. The city’s commitment to roadway safety extends to all users, including bicyclists, pedestrians, and drivers. Unfortunately, even though San Jose is consistently ranked as one of the safest cities in both California and the U.S. for driving, about 40 people still die annually in car accidents and 150 more are severely injured.
Most traffic accidents are highly preventable. In fact, driver inattention is believed to be involved in up to 80 percent of car crashes. A report from the National Safety Council found that cellphones are linked to at least one-fourth of the car accidents in the U.S.
If you or someone you love has been injured in a cell phone car accident, our San Jose car accident attorney can help.
What should you do if you are involved in a cell phone car accident?
After a cell phone car accident, you might feel overwhelmed, confused and worried about how to manage your recovery, bills, and responsibilities. We at San Jose Personal Injury Attorneys are here to help you when you or a loved one is in need. One of our car accident attorneys can help you pursue a claim against the at-fault driver, the insurance company and other responsible parties. We will work to negotiate a fair settlement to pay your medical bills and compensate you for your pain and suffering. We can also pursue damages for lost wages, diminished earning capacity and other losses.
Our legal team fights aggressively to protect car accident victims’ rights, and we have extensive experience holding negligent drivers liable. If you have been hurt or suffered a loss as a result of a cell phone car accident, call our San Jose car accident attorney at (408) 217-1778 today to schedule your no-obligation consultation.
What damages can be sustained from a cell phone car accident?
Those who have been injured in an accident are entitled to seek compensation from those who are responsible. In order to receive damages, they must prove that the defendant was negligent. Not only can you seek damages for injuries you have received, medical care, pain and suffering, lost wages, and reduced ability to earn, but you might also be able to seek punitive damages if you been the victim of a cell phone-using driver.
Using a cell phone is considered a breach of ordinary care because a driver is expected to exercise the same level of care as any person under the same circumstances. By texting or using the phone, the driver can be considered to have acted recklessly and with careless indifference to the safety of others with whom he or she shared the road. Punitive damages are intended to punish drivers for these types of actions.
How can you prove the other driver was using a cell phone at the time of an accident?
Although texting while driving is both dangerous and illegal in most states, it is still an extremely common activity. According to the National Highway Traffic Safety Administration, about 600,000 drivers are using their phones at any given time during the day.
Texting triples the risk of a car accident and might be even more dangerous than driving drunk. While it can be hard to catch, that does not mean it is impossible to prove. We can demonstrate that someone was on their phone at the time of an accident in several ways, including through:
- Cell phone records
- Witness statements and drivers’ statements
- Accident photos, including the car interior and position of the cell phone
- Police reports
- Medical records
- Traffic surveillance footage
- Accident reconstruction reports
If you saw or suspect that the at-fault driver was on the phone at the time of your collision, our San Jose car accident attorney will work to hold them responsible for your injuries or loss.
Is it legal to be using a cell phone while driving in San Jose?
All hand-held phone use is banned in 15 states, and 38 states ban any cell phone use for new drivers. Another 20 states ban school bus drivers from using cell phones, and 47 states ban texting while driving.
In California, drivers are not permitted to use cell phones unless they are using a hands-free device, and drivers are not permitted to use texting or text-based communication. Drivers under the age of 18 are not allowed to use cell phones at all. Base fines start at $20, but total fees can be more than $250.