Texting and Driving Accidents
Distracted driving is a reckless driver behavior that can turn deadly in a matter of seconds. Texting and driving is the most common – and most dangerous – type of driver distraction. If the driver who crashed into you in Los Angeles was texting and driving, you have the right to seek financial compensation for your losses from that driver’s auto insurance provider.
How Common Are Texting and Driving Accidents?
According to the National Highway Traffic Safety Administration (NHTSA), distracted driving killed 3,308 people in 2022 (the most recent year data is available). “Distracted driving” can refer to engaging in any other activity while also operating a motor vehicle, such as cell phone use, texting and driving, eating and drinking, reading, or personal grooming.
Statistics from the California Office of Traffic Safety (OTS) show that 140 people died in car accidents caused by distracted driving in 2021 – a 27.3 percent increase from 2020. A survey conducted by OTS in 2023 found that 74.2 percent of Californians believe texting or talking on a cell phone is their biggest traffic safety concern.
Why Is Texting and Driving So Dangerous?
Cell phone use while driving increases a driver’s odds of being involved in an accident by 400 percent, according to the California Highway Patrol. Cell phones are the number one type of driver distraction involved in fatal motor vehicle collisions.
The NHTSA finds that drivers between the ages of 25 and 34 are responsible for the highest percentage of distracted drivers involved in fatal collisions. This correlates to one of the age groups most likely to use their cell phones while driving (in addition to drivers under 24).
Texting and other types of cell phone use while driving present such a significant safety hazard because they involve all three types of driver distraction: manual, visual and cognitive. The NHTSA states that taking the time to read just one text message while driving at a speed of 55 miles per hour is the equivalent of driving across a football field blindfolded.
What Are California’s Texting and Driving Laws?
In the age of technology, people are more connected to their smartphones than ever before. Unfortunately, this means a greater amount of cell phone use while operating motor vehicles. Every state except for Montana has passed some version of a cell phone law prohibiting texting while driving.
California law (Vehicle Code § 23124 (b)) bans any driver under the age of 18 from using a cell phone for any reason – to text, call, email, access social media, take photos, record videos, etc. – while driving, except to call 911 in an emergency. Drivers over the age of 18 may use cell phones for talking and listening, as long as they are configured to be hands-free (Vehicle Code § 23123).
How a Texting and Driving Accident Attorney in California Can Help You
A texting and driving automobile accident can lead to a complex and stressful injury claim. The distracted driver’s auto insurance company may deny liability, for example, or it could be difficult to prove that the other driver was unlawfully using a cell phone at the time of your crash. Hiring an experienced Los Angeles car accident lawyer can make it easier to prove your claim and get the financial compensation that you deserve.
A personal injury attorney in Los Angeles can investigate the crash to search for and gather evidence of texting while driving, including the other driver’s cell phone records. Your lawyer can use evidence gained to fight for a fair settlement from the other driver’s insurance provider on your behalf – taking your car accident case to court in Los Angeles County, if necessary. For a free texting and driving accident consultation with an attorney near you, contact Rose, Klein & Marias, LLP.