Distracted driving is one of the leading causes of serious and fatal crashes in Sacramento, throughout the state and across the country. Yet people still seem unable to put their phones down, even to protect themselves and their loved ones.
Below, our experienced Sacramento car crash attorneys at Arnold Law Firm discuss distracted driving crashes resulting from cellphone use. We also explain how accessing these driver’s cellphone records can help to prove your case.
Need legal help after being injured by a distracted driver? Our trusted law firm has been helping victims injured by the negligence of others for decades. Find out if you may have a case. There is no cost for this meeting, so no risk to you.
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Is It Against the Law to Use a Cellphone While Driving in California?
California has some of the strictest cellphone laws in the nation. Since 2017, it has been illegal to hold or use a cellphone while driving. This law applies to drivers texting, using apps or even calling while behind the wheel. Drivers over the age of 18 are permitted to use their cellphones hands-free. However, drivers under 18 are not allowed to use their cellphones at all, even with hands-free devices.
Consequences of Violating Cellphone Laws in California
Breaking California cellphone laws carries stiff penalties, including:
- First offense: $20 fine
- Second offense: $50 fine
- Additional penalties can raise these fines to between $160 and $280
- One point on your driving record (affecting insurance rates)
If distracted driving leads to an accident, the penalties are much harsher. Drivers could face reckless driving charges, which can mean jail time and fines up to $1,000. In severe cases involving injuries or deaths, drivers could face felony charges.
How Cellphone Records Prove Fault
Cellphone records are a powerful tool in proving distracted driving. These records provide a detailed log of phone activity, including the following:
- Calls made and received
- Text messages sent and received
- Data usage (indicating app activity)
- GPS location data
This information is date and time-stamped, allowing lawyers to match phone activity with the exact moment of the crash. Say, for example, if the other driver’s records show a text was sent seconds before the impact. That is strong evidence that the driver was distracted and likely not looking at the road.
Cellphone records can also reveal patterns of behavior, such as if the driver was constantly texting in the minutes leading up to a crash. This data suggests an ongoing pattern of distraction – even if they were not on the phone at the exact moment of impact.
Obtaining and Using Cellphone Records as Evidence
Getting cellphone records requires legal action. In Sacramento, our car accident lawyers can file a subpoena on your behalf to obtain these records from the at-fault driver’s cellphone provider. Taking the proper steps ensures the records are admissible in court.
It is important to note that while California allows the discovery of cellphone records, your attorney must show there is a compelling need to obtain this evidence. You cannot get these records based on a gut feeling, for example. Your attorney will know what evidence may help show these records are both necessary and relevant to your case.
Once obtained, your attorney can analyze these records for:
- Activity at the time of the crash
- Patterns of use before the accident
- Location data matching the crash site
Sometimes, drivers try to hide their phone use by deleting data. However, phone companies keep detailed records that cannot be erased by users. These records reveal the truth, even if a driver lies about their phone use.
The Role of a Car Accident Lawyer in a Distracted Driving Crash
In a car crash caused by distracted driving, such as texting, your lawyer plays a crucial role in proving the at-fault driver’s negligence. He or she will focus on gathering evidence specific to distracted driving that supports your claim. This evidence could include:
- Checking the at-fault party’s driving history for prior violations
- Looking for evidence at the scene that the driver may have been on his or her cellphone
- Speaking with witnesses who may have seen the driver on the phone seconds before the crash
- Checking the driver’s social media accounts for any videos, photos or other posts made prior to the crash
- Recording your account of what you saw and other events leading up to the crash
- Reviewing any nearby traffic cam footage to see if the driver was caught on his or her phone prior to impact
Your lawyer may also consult with accident reconstruction experts to demonstrate how the at-fault driver’s distraction led to the crash. When you have an attorney managing your case, they can also handle communications with insurance companies.
Together, these steps play a crucial role in building a strong case and showing the direct link between the driver’s negligent behavior and your injuries. This comprehensive approach increases your chances of recovering fair compensation.
Key Steps to Take After a Distracted Driving Accident
If you are involved in an accident, and you suspect it was caused by another party’s distracted driving, there are a few key steps you should take:
- Ensure your safety first: If you are too close to traffic and your vehicle is still drivable, move it as far off the road as possible.
- Get help to the scene: As with any crash, call 911 to get first responders to the scene.
- Document everything: Did you see the driver on the phone? If so, write that down, you may find witnesses later who corroborate your story. Take photos from a safe vantage point of the crash scene, vehicle damage and your injuries.
- Check for traffic cameras: If you note any traffic cameras, be sure to document that information. Get the exact location so your attorney can obtain the footage before it gets overwritten.
- Gather information: Get the other driver’s contact and insurance details.
- Find witnesses: Did anyone in the area see what happened? If so, be sure to get their contact information. See if anyone is willing to give a statement to the responding officer.
- Do not admit fault: Even if you think you might be partly responsible, let investigators do their job. Be honest about the crash, but factual. Do not try to assess fault. You can discuss your concerns with your attorney.
- Preserve evidence: Never delete any of your own phone data – it makes you look like you are trying to hide something, and it might be relevant.
- Contact a lawyer: Do this sooner, than later, to start building your case.
Need Legal Help After a Sacramento Distracted Driving Crash?
If you get hurt by a distracted driver in Sacramento, you have the right to seek compensation for your medical costs, lost wages and other damages. Cellphone records may provide key evidence in your case.
Contact Arnold Law Firm to discuss the unique details of your situation as soon as possible. Deadlines apply in California, and evidence can quickly get lost or overwritten if not obtained soon after the crash. Our trusted law firm has a history of proven results, and there are no upfront costs to hire our services.
Millions recovered for injured victims in Sacramento. 916-777-7777
NOTICE: If you are a resident of California and shopped online and purchased products from Jenni Kayne with your personal credit card, contact the Arnold Law Firm at (916) 777-7777 to discuss your legal options, or submit a confidential Case Evaluation form here.
In violation of California law, Jenni Kayne unlawfully requested, required, and recorded their customers’ personally identifiable information, including, but not limited to their addresses, telephone numbers, e-mail addresses, zip codes, and/or IP addresses (collectively “PII”), when they made purchases on Jenni Kayne’s website using a personal credit card, during the past year. Jenni Kayne then used their customers’ illegally obtained PII to aggressively market their products to shoppers without their consent.
The Song-Beverly Act is a consumer protection law intended to guard against invasions of consumer privacy, spam marketing, and other misuses of purchasers’ data by specifically prohibiting retailers from requesting and recording their PII in connection with a credit card transaction.
Jenni Kayne is a large e-commerce company with its headquarters located in Santa Monica, California that sells high end women’s clothing. Customers can purchase goods and services from Jenni Kayne through its website using their personal credit card.
If you are a California resident and purchased items through Jenni Kayne’s website located at https://www.jennikayne.com/ (using a personal credit card beginning in August 2023), then you were the victim of Jenni Kayne’s unlawful conduct. (Note: If you affirmatively opted in to receiving marketing contact from Jenni Kayne you may not be a proper class member.)
WHAT INFORMATION IS INVOLVED?
Consumers’ PII including, but not limited to, the following data was required in combination with consumers’ credit card information to make a purchase on Jenni Kayne’s website in violation of the Song-Beverly Credit Card Act:
- Addresses
- Telephone Numbers
- E-mail Addresses
- Zip Codes
- IP Addresses
By not only requiring PII from its customers, but using that information to aggressively market its products, Jenni Kayne has flouted the Song-Beverly Credit Card Act and could face statutory penalties of $1,000 for each violation after the first.
NOTICE: If you are a resident of California and shopped online and purchased products from Jenni Kayne with your personal credit card, contact the Arnold Law Firm at (916) 777-7777 to discuss your legal options, or submit a confidential Case Evaluation form here.