Northern California Distracted Driving Accident Lawyers
Cell phones are a major driver distraction. A 2010 study published by the National Safety Council found that 1.4 million crashes annually are caused by cell phone conversations, and 200,000 crashes each year are caused by text messaging and driving. In recent years, there has been much media focus on the dangers of driving while talking on a cell phone or "texting" while driving. A 2006 study by University of Utah psychologists found that drivers talking on cell phones, either handheld or hands-free, have a similar level of impairment as drivers with a 0.08 percent blood-alcohol level. When accidents are caused by drivers "texting" or talking on a cell phone, the driver may be liable for the injuries or wrongful deaths of others involved in the accident.
If you have been involved in an accident caused by a driver talking on a cell phone, or "texting" while driving, or if you suspect cell phone use played a role in the crash, contact the Northern California car accident attorneys at Estey Bomberger for a free consultation. We will fully investigate the cause of the crash (including obtaining cell phone time stamp records) and help you recover the maximum compensation you are entitled to for your injuries, or the wrongful death of a family member in a fatal accident.
Talking on a Cell Phone and Driving
Under California Vehicle Code [VC] §23123 (a), "A person shall not drive a motor vehicle while using a wireless telephone unless that telephone is specifically designed and configured to allow hands-free listening and talking, and is used in that manner while driving." In other words, unless you have a hand's free device, you're not allowed to talk on the phone while your driving. If you are under age 18, you are not allowed to talk on a cell phone at all while driving. Regardless of whether you are using a cell phone legally with a hands-free device, or illegally, if you cause an accident because you are distracted, you may be liable.
Texting and Driving
Studies have shown that texting while driving significantly reduces a driver's ability to react in an emergency situation, and increases lane departures and loss of control. California's Wireless Communications Device Law (VC §23123.5), which went into effect January 1, 2009, makes it an infraction to write, send, or read text-based communication on an electronic wireless communications device, such as a cell phone, while driving a motor vehicle. Although texting while driving is illegal in California, thousands of motorists ignore laws and continue to text and drive.
Employer Liability for Cell Phone Accidents
Employers face potential liability for accidents caused by their employees while talking on cell phones, especially if the employer encourages or requires employees to be available to their clients at all times. In December 2001, a Miami jury awarded nearly $21 million to a passenger in a car that was struck by a salesperson who was talking on a cell phone while driving. The employer was found liable for the victim's injuries because the salesperson had been driving for the employer at the time of the crash.
Obtaining Maximum Compensation For Your Case
The attorney you choose to represent your personal injury claim can make a huge difference in the ultimate outcome of your case. At Estey Bomberger, our Northern California car accident lawyers have more than 70 years of collective experience representing victims of car accidents caused by distracted drivers. We've won millions for victims of cell phone accidents and texting-while driving accidents. Contact us today for a free consultation and review of your potential personal injury or wrongful death claim. We will not charge any fees unless we obtain money for you.