Legal options if you committed Texting while driving violation in California

Imagine this. While to try to get hold of your cellphone, you hear the sound "bang" and see blood rushing down from your hands, you lose consciousness and the next thing you'll know, you are lying in a hospital bed.

Car accident caused by texting or using cellphone while driving can lead to catastrophic injuries, or worse even death.

If the accident injuries are serious, the medical treatment can take series of surgeries and medication. If you caused the accident, you will have a hard time asserting compensation for your injuries. The car driver may contest in court that you have contributed a negligent act that caused the accident, leading to your own injuries.

One way to receive compensation is through your own vehicle's insurance policy or through the other party's insurance company.

Consult with a Personal Injury lawyer to help you prepare the insurance claim and weigh legal options carefully. Submit an accident report to your insurance company and have your insurer discuss percentage of liability with the other insurance company.

If the other insurance company offers you sufficient settlement amount for your medical expenses, property loss, and loss income, you may receive the money and sign a document, waiving your right to pursue further legal action.

If the settlement amount offered is not sufficient to cover your losses, you may pursue the matter in court.

Your Personal Injury lawyer may ask experts to help in reconstructing the accident scene.

Forensic engineers and road design consultants may analyze factors such as defective tire, SUV design defect, curve, and defective barrier.

Your lawyer will try to come up with other possible causes in the SUV- car accident. These are:

1. Design defect in SUV that hindered full stop on time.
2. The car driver has committed Driving under Influence (DUI) violation
3. The road has curve design and worn out median barrier that contributed to the cause of accident

Expect that the other party will use your Texting while driving violation as legal defense for the case.

The court will use contributory or comparative negligence theory to assess and evaluate the percentage of fault of each party.

Contributory negligence theory

The court will determine if you commit more than 50 percent of fault in the accident.

If a driving while texting violation caused more than 50 % of fault, you will not be able to receive any damages.

Comparative negligence theory

The court will award damages according to the percentage of fault of each party.

Consult with a Los Angeles personal injury lawyer to help you file the lawsuit.


The Mesriani Law Group has a wide range of legal resources as we work with the best lawyers and litigators in each state across the United States. We offer a unique attorney directory where you can find a lawyer's location and area of practices. For more information contact Mesriani Law Group at 310-826-6300 or visit the main office at 12400 Wilshire Blvd. Suite 810 Los Angeles CA 90025.