Driving while on the phone is an irresponsible behavior that can lead to disastrous automobile accidents. People nowadays are so reliant on their cell phones. It’s not unusual to see a lot of people talking on their phones or texting. It’s against the law in nearly every state, but you see it all the time.
California Cell Phone Laws
California has several laws prohibiting the use of cell phones while driving. The law makes it illegal for all drivers to use handheld wireless phones or cellphones, and they also make it illegal for drivers under the age of 18 to use hands-free mobile phones. California also prohibits drivers from texting or using other wireless devices while driving.
The ban on using a smartphone while driving in California is part of a national trend. In addition, several states prohibit the use of handheld cellphones while driving and impose limitations on drivers.
All of these laws are designed to keep people safe. If another driver was texting while driving and caused an accident, the police can make a citation to that driver, and the citation can be used as proof in a negligence per se action. Negligence per se is sometimes simpler to establish than ordinary negligence.
What needs to be done
Instead of exchanging insurance information, you should call the police if you see the other driver in an accident is looking down or chatting on a handheld cell phone while driving. You won’t be able to claim for negligence per se until you obtain a police ticket for using a mobile phone while driving, and you’ll have to prove all of the normal components of negligence, including the other driver’s breach of duty.
Cell Phone Accidents are dangerous
Even though texting while driving is banned in California, it is nevertheless very commonplace. Regrettably, many young drivers feel they can text and drive without incident. The problem is that it just takes one texting and driving accident to completely alter someone’s life.
Recovering Damages after a Cell Phone Car Accident in California
If a driver using a cell phone causes a car accident in which you are harmed, the driver may be held liable for the accident. Cell phone usage can be deemed careless, and if such carelessness leads to a driver running a red light, making an incorrect turn, or failing to yield, a catastrophic automobile accident can occur.
Car accidents cause serious bodily harm, such as spinal cord injuries. Car accidents caused by distracted driving are avoidable, yet the careless motorist decided to use his or her smartphone while driving, and now you may be facing:
· Medical expenses
· Decreased earning potential
· Lost wages
· A disability that lasts a long time
· Pain and suffering
You should consult with a California Car Accident attorney at the Ghozland Law Firm to help you recover the compensation for your losses in the event of a car accident caused by cell phone distraction.