Distracted driving is one of the leading causes of traffic accidents in California, and texting or using a cell phone behind the wheel is a major contributor to this problem. If you have been involved in a car accident caused by a distracted driver, especially one who was texting or using their phone, the experienced auto accident lawyers at Avaness Law can help you recover compensation for your injuries and damages. Here’s how the rise in cell phone and texting violations is impacting California drivers, and how the auto accident attorneys at Avaness Law can help in these cases.
What is the Rise in Cell Phone and Texting Violations?
In recent years, California has seen a significant increase in cell phone and texting violations, which are contributing to a rise in distracted driving accidents. With the increase in smartphone usage and the growing dependence on mobile devices for various functions, more drivers are tempted to use their phones while driving, leading to dangerous accidents.
Why have violations increased in California?
Increased Mobile Device Usage
As mobile devices have become an integral part of daily life, drivers often find it difficult to resist the urge to check texts, emails, or social media while behind the wheel. The accessibility of phones in cars is making it harder for drivers to stay focused on the road.
Surge in Smartphone Ownership
Smartphone ownership in California has surged in recent years. Many drivers use their phones for navigation, communication, and entertainment, increasing the temptation to engage in distracting behaviors while driving.
Higher Reliance on Mobile Navigation
With the widespread use of apps like Google Maps, Apple Maps, and Waze, more drivers are using their phones to navigate while driving. This multitasking can increase distractions, especially if drivers are texting or interacting with their phones while following directions.
Changes in State Laws and Penalties
California has made several changes to its laws over the past few years to combat distracted driving, including stricter texting and driving regulations and increased penalties for violators. However, despite these efforts, violations continue to rise.
Introduction of Stricter Laws Since 2017
Since 2017, California has implemented even stricter laws aimed at reducing distracted driving. Drivers can no longer hold their phones at all while driving, even for calls. This has made violations more common, as people continue to try to use their phones while behind the wheel.
Enhanced Enforcement Measures
The state has also ramped up enforcement measures, including increased patrols and more stringent penalties, but the challenge of curbing distracted driving remains, especially as technology continues to evolve.
Advances in Technology and Social Media
Social media apps like Facebook, Instagram, and Twitter have become a major source of distraction for drivers. The constant notifications, messages, and updates are difficult for many drivers to ignore, leading to an increase in cell phone violations.
How a Car Wreck Lawyer Can Help After a Distracted Driving Accident
After a car accident caused by a distracted driver—particularly one who was texting at the time of the crash—it’s essential to have a skilled car accident lawyer by your side to help guide you through the legal process and recover the compensation you deserve. The car accident lawyers at Avaness Law can play an important role in ensuring that justice is served and that you are fairly compensated for your injuries and damages.
Here’s how a lawyer can help and the specific methods they use to prove that the other driver was texting while driving:
Investigating the Accident
The first step in any auto accident case is to thoroughly investigate the circumstances surrounding the accident. A car accident lawyer at Avaness Law will work quickly to gather essential details that can help prove the other driver’s negligence, including:
Police Reports
Your car accident lawyer will obtain the police report filed after the accident. This document can include crucial information such as witness statements, the other driver’s behavior, and any citations issued by law enforcement. If the driver was cited for texting or using their phone while driving, this will be a key piece of evidence.
Eyewitness Testimonies
Your lawyer may interview witnesses to the accident who can testify to the driver’s actions immediately before or during the crash. Witnesses might have observed the other driver using their phone or behaving erratically, which can strengthen your case.
Accident Reconstruction Experts
In more complex cases, a lawyer may work with accident reconstruction experts who can analyze the evidence and determine the specific cause of the accident. These experts can often discern patterns in the driver’s actions and even identify whether texting or phone use contributed to the crash.
Collecting and Analyzing Mobile Phone Records
To prove that the other driver was texting at the time of the accident, one of the most powerful tools is the driver’s mobile phone records. Your auto accident lawyer will work to obtain access to these records through a subpoena or by negotiating with the insurance companies.
Call and Text Logs
By obtaining the mobile phone records of the at-fault driver, your lawyer can identify whether the driver was texting or making calls during the time of the accident. Text messages sent or received around the time of the collision are direct evidence of texting while driving.
Location Data
Some phone records also include GPS or location data that can confirm the driver was using their phone while on the road. If the data indicates texting or app usage in proximity to the accident, this can be powerful proof that the driver was distracted when the crash occurred.
Social Media Activity
If the driver was on social media at the time of the crash, this activity might also be revealed through the phone records. Public posts, comments, or images uploaded just before or after the accident could indicate that the driver was engaged in an activity that distracted them from the road.
Analyzing Vehicle Data and Surveillance Footage
Modern vehicles and technology often provide useful data that can help prove that a driver was distracted. Your lawyer can work with experts to access and analyze the following:
Vehicle Data Recorders (Black Boxes)
Many newer cars are equipped with event data recorders (EDRs), also known as “black boxes,” that track vehicle performance and the driver’s actions before and during a crash. These devices can record things like speed, braking, and sudden maneuvers, which can help determine whether the driver’s behavior was erratic due to distractions like texting.
Dashcams and Traffic Cameras
If the accident occurred in a well-monitored area, there may be surveillance footage available from nearby cameras, traffic cameras, or even dashcams from other vehicles. These video recordings can provide visual evidence of the other driver’s actions, such as holding their phone or appearing distracted just before the crash.
Get the Justice You Deserve – Free Consultation Available Now!
If you’ve been injured in a car accident caused by a distracted driver, the auto accident attorneys at Avaness Law are here to help you recover compensation for your medical expenses, lost wages, and pain and suffering. Our legal team understands the complexities of distracted driving cases and can gather evidence such as phone records, witness testimony, and surveillance footage to prove that the other driver was texting at the time of the crash.
At Avaness Law, our car accident attorneys offer free consultations to discuss your case and help you understand your legal options. Don’t wait—contact them today to get the support you need in pursuing justice.
