If a texting driver fails to see traffic slowing and causes a rear-end collision in California, Driver B (the texting driver) will likely be considered at fault for the accident. This is because texting while driving is considered distracted driving, a form of negligence that leads to accidents. Here’s how the case would typically unfold:
🚗 Legal Considerations in a Texting and Driving Accident
- Distracted Driving and Negligence:
- California Vehicle Code § 23123 prohibits the use of a cell phone while driving unless the driver is using a hands-free device. Texting while driving is a clear form of distracted driving and is considered a violation of traffic laws in California.
- If Driver B was texting at the time of the crash and failed to see traffic slowing ahead, this constitutes negligence per se, meaning that the act of texting while driving automatically makes Driver B liable for the accident.
- Driver B has a legal duty to pay attention to the road and maintain a safe distance from other vehicles (per California Vehicle Code § 21703). By failing to do so while texting, Driver B breached this duty.
- Causation:
- The failure to notice slowing traffic directly caused the rear-end collision. Driver B‘s inattention (due to texting) prevented them from reacting to traffic conditions, which constitutes proximate cause in tort law.
- Liability:
- Driver B will likely be found primarily at fault for causing the crash because their distracted driving (texting) directly led to the accident.
- The other driver (Driver A) and their passengers would not likely share fault unless they did something erratic (such as suddenly stopping without reason or violating traffic laws).
💼 Potential Claims and Damages for the Injured Party
The injured party (Driver A or passengers) can pursue compensation for a variety of damages:
- Medical Expenses:
- Both immediate and long-term medical costs resulting from the crash, such as hospital bills, emergency care, surgeries, and rehabilitation for injuries.
- Pain and Suffering:
- Compensation for physical pain, emotional distress, and diminished quality of life due to the injuries.
- Lost Wages:
- If the injured party missed work due to the crash, they could claim lost income for the time they couldn’t work.
- If the injuries are permanent, the injured party may also be entitled to future lost wages.
- Property Damage:
- Compensation for repairs or replacement of Driver A’s vehicle and other damaged property.
- Punitive Damages:
- If Driver B’s behavior was particularly reckless, such as texting at high speed in heavy traffic, punitive damages could be considered to punish the wrongdoer and deter similar behavior in the future.
- California Civil Code § 3294 allows for punitive damages in cases of malice, oppression, or fraud, which may apply if Driver B’s texting while driving was extreme or led to particularly serious consequences.
🧾 Evidence Needed to Support the Claim
To strengthen the case, the following evidence is crucial:
- Police Report:
- A police report that documents the cause of the accident and may note that Driver B was distracted or texting at the time of the crash.
- Text Records:
- If Driver B’s phone records or cell phone records show that they were texting at the time of the accident, this can serve as strong evidence of distracted driving.
- Text messages and call logs can be subpoenaed through the phone company if necessary.
- Witness Statements:
- Witnesses who observed Driver B texting or driving erratically can testify that Driver B was not paying attention to the road and was distracted.
- Vehicle Damage Photos:
- Photos of Driver A’s vehicle, showing the damage caused by the rear-end collision, can help demonstrate the severity of the crash and the force of the impact.
- Medical Records:
- The injured party’s medical records will document their injuries, treatment, and prognosis, helping calculate damages for medical expenses, pain and suffering, and lost wages.
- Dashcam or Traffic Camera Footage:
- If available, footage from Driver A’s dashcam or nearby traffic cameras could show Driver B’s failure to brake or respond to the slowing traffic ahead.
- Expert Testimony:
- In more serious cases, an accident reconstructionist could testify to the impact speed, and Driver B’s inattention caused the collision.
⚖️ Comparative Negligence in California
Under California’s comparative negligence rule, each party’s percentage of fault in the accident is assessed. Driver A may be found partially responsible if they engaged in behavior that contributed to the accident, but in the case of texting while driving:
- Driver B would almost certainly be primarily at fault for the collision due to distracted driving.
- Driver A could only be partially at fault if they did something unexpected, such as suddenly stopping without warning.
🚨 Defenses Driver B Might Use
- Medical Emergency:
- Driver B might claim they had a medical emergency that distracted them from driving, but this would be difficult to prove and unlikely to absolve them of liability.
- Driver A’s Behavior:
- Driver B could argue that Driver A’s actions contributed to the crash, such as making a sudden or erratic stop, but this would be hard to prove unless there is substantial evidence.
- Mechanical Failure:
- If Driver B’s vehicle had a mechanical failure, such as brake failure, and they were unable to stop, it may reduce Driver B’s liability if the failure was the cause of the accident. However, texting would still likely be considered the primary cause.
📜 Next Steps for the Injured Party
- Document Everything: Collect all evidence, including the police report, medical records, witness statements, and vehicle damage photos.
- Insurance Claims: File claims with Driver B’s insurance, detailing damages and medical expenses. If the insurance company offers an insufficient settlement, consider further legal action.
- Demand Letter: Send a demand letter to Driver B’s insurance or legal representation if the settlement offer does not cover all damages.
- File a Lawsuit: If a fair settlement is not reached, filing a personal injury lawsuit may be necessary to recover compensation for the injuries and damages.
Law Offices of James R. Dickinson – 909-848-8448
How To Schedule A Consultation:
Please call us at 909-848-8448 to schedule a free consultation/case evaluation or complete the form immediately below. [Please note certain formalities must be completed to retain the Law Offices of James R. Dickinson, such as the signing of a legal fee agreement [see “Disclaimers”]].