Maison Law helps anyone injured in car accidents caused by teenagers in California. Many teen drivers understand how important it is to not just drive carefully, but while keeping their full attention on the road. At the same time, being a teenager in today’s digital world also carries with it numerous distractions and other demands on their attention–none more than texting. When you’re injured in a car accident with a teenager because they were texting, it doesn’t change your legal rights. Contact us today for a free consultation to learn more.
Why Do You Need a Lawyer?
Anytime there’s a car accident that leaves you injured, you don’t need a lawyer to file a claim. But that doesn’t mean that having a lawyer won’t help you–particularly in situations where the accident was caused by a teen driver that was texting at the time.
Where our team can help you is by:
- Explaining your options
- Helping you gather evidence
- Negotiating with insurance adjusters
- Filing a lawsuit, if needed
Texting and driving is one of the most dangerous things a driver can do, and when you factor in other potential hazards with a teen driver, you could be facing pretty serious injuries and other losses. Our team’s overall goal is to make the legal process as easy as possible for you while you focus on your health. But in order to build a successful claim, there’s a few things that you yourself can do right after the accident.
What Can You Do After Being in a Car Accident Caused by a Teenager That Was Texting?
While it’s true that texting and driving is one of the most common causes of car accidents in California and texting is especially prevalent among teenagers, you probably won’t know that this was the cause of your particular accident–at least right away. However, that doesn’t mean that you shouldn’t do what you can to protect your health and strengthen a potential claim. Here’s a few ways you can do that:
- Get medical help – Call 911 if you’re injured. Let EMTs look you over at the scene, even if you feel fine. Then, once the scene is taken care of, go to your doctor. Getting medical care proves your injuries are serious and helps support your claim.
- Report the accident – Contact the police to report the accident. They’ll create a report with important details. This report helps back up your claim, even though it isn’t used directly in court. Also, if you suspect that the teen was texting at the time, make sure to tell the officer in charge.
- Collect evidence – After getting medical care and taking care of your health, take photos and videos of the damage, your injuries, and the accident scene. Also, get contact and insurance information from the driver, as well as anyone else involved.
- Be careful with statements – When talking about the accident, stick to the facts as far as you know them. Don’t speculate, since that might eventually hurt your claim.
Obviously, every situation is different, so you might only be able to focus on your health if the accident resulted in fairly serious injuries. Still, you need this information and evidence for a strong claim. The stronger you can make your claim, the more damages you can recover.
What Damages Can You Recover in an Injury Claim?
Dealing with a car accident can be challenging, especially when a teenager’s texting is the main cause of it. However, you have legal options for making a recovery from your injuries and other losses. The law treats accidents caused by texting teens the same as any other, giving you the right to pursue “damages” from the at-fault party by filing an injury claim.
You typically have two main options for filing a claim:
- Filing an insurance claim
- Filing a personal injury lawsuit
With your claim filed, you can potentially recover things like:
- Medical expenses and ongoing care needs
- Repair/replacement costs for your vehicle
- Lost wages or loss of future earnings if you’re permanently injured
- Pain and suffering
- Emotional distress
- Decreased quality of life
- Wrongful death expenses, such as funeral costs
The damages you can recover depend on how serious your losses are and the details of the accident. In California, you must file your claim within two years of the accident. Before you reach the actual claims process though, you need to find out who will pay for your damages.
Who Pays For Your Damages in These Accidents?
On the surface, legal responsibility for a car accident caused by a teenager that was texting and driving doesn’t seem to be that hard to figure out. The teen driver should be the one that carries this liability, which includes paying for your damages.
However, while this is largely true, it’s not necessarily that easy. The vast majority of teenage drivers don’t own the car they’re driving at the time. They might be licensed, but that doesn’t make them alone responsible for any damage that results from a car accident.
Rather, “vicarious liability” comes into play. This is a legal concept that makes others liable for the actions of people they’re responsible for.
So, in this case, the:
- Owner of the car–typically the teen’s parents or other adult–will be the one that’s responsible for paying for your damages in the accident.
Specifically, it’s the car owner’s insurance company that will be the one that actually pays you. But any car accident can potentially involve others that share liability for your damages, like:
- Other drivers
- Car or parts makers
- Government agencies
- Pedestrians or passengers
This can get confusing, so it’s important to understand that the circumstances of what actually happened in the accident is ultimately going to be the way that this liability is determined.
How Does Texting Cause Car Accidents?
Despite the fact that texting and driving is more prevalent among teens, it’s actually a much more widespread problem. Still, the difference is that a teenager is less likely to understand how this behavior is going to be harmful. This doesn’t change the legal process, or make them any less guilty when they cause an accident.
But in order to be better prepared, here’s generally how texting and driving causes these accidents:
- Loss of focus – Texting takes a teen’s eyes off the road, causing them to miss things like red lights or stopped cars, which then leads to accidents.
- Slower reaction time – When texting, teen drivers react slower, which means they might not brake or steer in time to avoid an accident.
- Drifting out of their lane – When a teen driver is texting, they’re obviously not paying full attention and might drift into another lane or off the road.
- Missing traffic signs or lights – Texting can make teens miss stop signs or traffic lights, especially raising the risk of accidents at intersections.
- Overconfidence – Many teen drivers think they can safely text and drive, but this overconfidence makes accidents more likely.
Car accidents in California are a serious issue, especially when they involve a texting teen driver. Texting while driving is a major problem that often leads to crashes. Every driver needs to make quick decisions on the road, but texting slows their reaction time, putting everyone at risk. When you’re hurt in this situation, our team can help you.
Contact Maison Law After You’ve Been Injured By a Texting Teen Driver in California
A car accident caused by a teenaged driver texting and driving can be overwhelming for you and your family, especially when dealing with injuries and losses.
At Maison Law, we’re here to support you and guide you in getting the treatment and financial support you deserve. Contact us today for a free consultation to get the recovery process started.
