Texting While Driving Accidents

Hit by a Distracted Driver in San Diego, CA? You Have Rights.

Was it a phone call or a text message that the other driver felt was more important than your safety? If you were seriously injured or a family member was killed by someone who just couldn't stay off the phone while behind the wheel, you have every right to be upset. The simple choice made by another driver to text may have completely changed your life. The distracted driver who hit you made a choice; now it's your turn. The nationally-respected San Diego car accident attorneys of The McClellan Law Firm can help you regain control and recover compensation for your injuries and financial losses. Contact us online or call our office at (619) 215-1488.

Texting & Driving Is Illegal in California

Drivers are not allowed to write, read, or send a text message while behind the wheel. Even before the ban on texting was instituted in California, drivers were not legally allowed to use a hand-held mobile device while driving. Despite these laws, drivers and passengers throughout San Diego continue to be injured in distracted driving crashes. Using a cellphone and texting while driving are just two types of distracted driving.

In the state of California, all of the following actions are against the law:

  • No driver can use a hand-held device while operating a vehicle
  • Bus drivers cannot use a cellphone at all while driving
  • Drivers under the age of 18 cannot use a hands-free cellphone
  • All drivers are prohibited from text messaging while driving

Determining Fault for a Distracted Driving Accident

If you suspect that the other driver was using their cellphone or sending a text message at the time of the collision, this is information that you should share with both law enforcement and your personal injury attorney. When you come to The McClellan Law Firm for help, we will request to see the other driver’s cellphone records to better determine whether or not they were using their phone in the moments before the accident.

Even if they were legally using a hands-free device, this may still be a factor in determining liability. We can also speak to witnesses to see if they can substantiate your claim that the other driver was texting while driving. Our firm has been representing accident victims for more than two decades, and we have won 110+ verdicts and settlements worth $1 million each. You can trust we know what it takes to recover just compensation.

Males Less Likely to Appreciate Dangers Of Texting

  • What compels a person to pick up a cell phone and text while driving?
  • Are the people who text while driving simply more impulsive than other people?

A recent study published in the International Journal of Sustainable Strategic Management is attempting to shine a light on a behavior that has grown more common, even as states work to make it illegal. Texting behind the wheel is now illegal in most states, including California. Texting slows a person's reaction time as much as drinking and driving, which explains the number of car accidents attributed to distracted drivers. Perhaps a better understanding of why people send texts will help safety experts find ways to curb the behavior.

The authors of the study conducted a survey of 120 college students to analyze their impulsiveness regarding texting and their likelihood of texting while driving. Perhaps surprisingly, 82% of survey respondents acknowledged texting while driving. Men and women were equally likely to engage in the practice, though their perceptions of it were quite different. Men, in general, were less aware or less appreciative of the dangers of texting behind the wheel. Many male respondents expressed the belief that they were better than others.

Studies have shown that only 3% of people can effectively perform more than one task at a time. One recent study demonstrated that the people who were most confident about their ability to multi-task were actually the ones who performed worst. Those who believe they can safely text and drive are fooling themselves: A person can either operate a cell phone or operate a motor vehicle safely.

Find Out How The McClellan Law Firm Can Help

The driver who caused your injury chose to text. Now it's your turn to choose what to do next. The experienced car accident lawyers of The McClellan Law Firm can discuss your legal options when you choose to pursue a case against the at-fault driver. Call (619) 215-1488 to set up a free initial consultation with our law firm.

Our Awards & Accolades