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Over the past two decades, portable phones have gone from being rare and expensive novelties to something everyone has in their pocket, purse, or hands for every minute of the day. One place you should never have a phone in your hands, though, is behind the wheel of a moving motor vehicle; it is illegal and increases your chances of causing a serious accident.
When you are hurt in a texting while driving car accident in Burbank caused by someone else’s recklessness, you could demand substantial civil compensation from that person for the harm they caused you. One of our seasoned auto accident attorneys could help you enforce your rights and get the best possible result from your legal proceedings.
California state law places harsh restrictions on cellphone and smartphone usage while driving. The state prohibits texting behind the wheel, drivers under 18 using a phone without it being in hands-free mode, and drivers under 18 using a phone for any reason except for emergencies. Furthermore, all these forms of “distracted driving” are primary offenses, which means a police officer can pull over and ticket anyone they see violating these rules whether they committed another traffic offense with it or not.
In a Burbank car crash lawsuit, texting while driving is considered a “breach” of a driver’s duty of care since it is against the law to do it behind the wheel. Anyone who directly causes someone else’s injury due to a violation of that duty of care can be considered legally “negligent” and, based on that negligence, held financially liable for all injuries and losses sustained by that other person.
Suppose a court finds a Burbank resident at fault for causing car wreck due to texting while driving. That person may have to pay for both economic and non-economic damages, including things like:
That said, state law prohibits uninsured drivers from obtaining civil compensation for “pain and suffering” damages after a wreck, even if someone else was 100 percent at fault for that wreck, unless the at-fault party was convicted of a DUI in connection to the incident.
Texting behind the wheel is an extremely dangerous thing to do, not to mention an illegal one as well. Nevertheless, far too many people do this every day, and some of them wind up causing serious and even life-altering injuries to people.
You can get professional legal help understanding and protecting your rights following a texting while driving car accident in Burbank. Call today to discuss your options with a qualified car accident lawyer.
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