The light turns green, and you enter the intersection. Then, wham! Your car is hit by another car that must have run the red light.
At least that’s what you tell the police officer who is standing by your bed when you wake up in that Southern California hospital, groggy and barely remembering what brought you there.
As the days pass, you learn more. The driver of the other car – the one that ran the red light – was texting while driving, you find out from reading the police report. So where do you go from here? You’re facing mounting hospital bills from your injury, lost income from time out of work and the cost of sessions in physical therapy.
California law is strict when it comes to the use of a cellphone while driving. It is legal to use phones in the car only if it is done in a hands-free manner, which means largely via voice activation. Phones must be mounted and can be touched only once to open a feature. Texting while driving obviously is banned.
A driver can be held liable for your injuries if it is proved that talking or texting led to the driver’s distraction, which caused the accident. There could be additional penalties imposed on the driver.
How a crash occurs is relevant to establishing a case for damages. Should you wind up in court seeking compensation to pay for your injuries, a jury typically will be asked to consider the following: whether the defendant’s actions led to your injuries and how much money you, as the plaintiff, should receive.
As soon as you’re able to do so after an accident, you should contact a personal injury attorney to help you get the funds you deserve to help you get back on your feet both physically and financially.