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Sacramento Texting and Driving Lawyer

Distracted driving is one of the leading causes of car accidents in Sacramento. Texting while driving is of particular concern to law enforcement personnel and traffic safety experts around the country, as the activity simultaneously causes the driver to take their hands off their proper position on the steering wheel, avert their eyes from the roadway, and think about the message they're reading or replying to rather than focusing on driving.

If you were injured as a result of a texting driver, the California personal injury claims process can be used to seek compensation for the financial and psychological harm you experienced as a result of your injury. An experienced texting and driving accident lawyer in Sacramento, like one from Kash Legal, can provide a number of services aimed at helping you have a successful outcome to your claim.

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Accident Claims

What Is the Process of Seeking Compensation After a Texting and Driving Accident?

The personal injury claims process generally begins with a claim being filed against the at-fault driver’s auto liability insurance policy. When the insurance provider who services that policy receives the claim, they will assign one of their claims adjusters to evaluate the claim and determine whether compensation is owed to the claimant. They will also determine how much compensation they believe the claimant is entitled to. Once this evaluation is complete, they will either accept the claim, deny the claim, or offer to settle the claim out of court for a different amount than its established value.

If a settlement offer has been made that is too low to fairly compensate the claimant for the injuries that were incurred, the claimant’s attorney can negotiate with the claims adjuster in order to get them to increase their offer. However, if the insurance provider fails to resolve the claim through outright payment or by engaging the claimant in a settlement agreement, a lawsuit can be filed in civil court within two years of the date of the injury. The lawsuit is a legal claim that places the decisions that need to be made in the hands of a judge or jury.

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Do You Need an Attorney for the Claims Process?

You should hire an experienced attorney to assist you with the personal injury claims process, as it features a number of complexities that are overwhelming to those without experience or education in law. There are also many tactics that insurance companies and their claims adjusters will use to reduce or even eliminate the value of a claim, which can be difficult to navigate on your own.

Your attorney can provide many services to assist you as you go through the claims process, from valuing the claim, communicating with the insurer, negotiating a settlement, and even going to court on your behalf. They are tasked with communicating the details of your claim to an insurer and perhaps even to a judge or jury, while also communicating with you to ensure that you have the guidance you need to make informed decisions on the important decisions of your case.

What Type of Compensation Can You Receive for Your Injuries?

California’s laws allow those who have been injured as a result of another driver’s carelessness or recklessness to seek compensation for both the expenses and impacts of their injury. Commonly claimed expenses include the costs associated with medically treating the injury, wage loss or permanent loss of earning capacity, as well as property damage that the claimant incurred in the accident, such as damage to their vehicle. The impacts that can be compensated through the personal injury claims process include physical and emotional pain and suffering, loss of consortium, and loss of the enjoyment of life.

Your attorney will value your claim based on a number of factors, including the available insurance resources, the severity of your injury, and the presence of permanent injuries that will likely prevent you from being able to earn in the same capacity as you did before the accident.

How to Prove Liability in a Texting and Driving Case

One of the most important aspects of your Sacramento texting and driving accident claim is the ability to prove that someone else was liable for the accident. This is done by using evidence and witness testimony to show the following elements:

  • The at-fault driver had a duty to operate their vehicle safely and legally in order to avoid causing harm to others.
  • This duty was breached when the driver chose to text and drive, which is in violation of a California law that prohibits drivers from using a handheld electronic device while operating a vehicle on a public roadway.
  • As a result of the breach, an accident was caused in which you were injured.

In addition to proving liability, your attorney will also have to present documentation that justifies the value of your claim, such as medical and auto repair bills, wage and work information from your employer, and medical records or other documentation showing the severity of the injury or its impacts on your life.

A Dedicated San Bernardino Personal Injury Attorney Can Help

If You Were Injured in a Sacramento Texting and Driving Accident, Kash Legal Can Help

The Kash Legal team is devoted to helping individuals in Sacramento obtain the compensation they need after being injured as a result of negligent actions such as texting and driving. We are tenacious negotiators who push for the highest settlement possible on behalf of our clients, and we do not hesitate to take the claim to court if the insurance provider fails to make a fair offer. Our team has recovered over $300 million in awards and settlements for our clients.

Let an experienced Sacramento texting and driving accident lawyer from Kash Legal help you understand more about the personal injury claims process and answer any questions you have about your case. For your free case evaluation, contact us online or call us at (888) 527-4128.

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Our Clients Love Us

Jonathan has been great in getting my accident case settled and for more than I expected. They took care of everything for me so I didn't have to deal with any insurance agencies. Highly recommended.

Cynthia R.San Francisco, CA

Kash Legal Group . Jonathan and his team are the best. Never have I delt with such a professional, caring group. They kept in touch and informed me the whole journey. Eileen was so comforting to me. And I would MOST DEFINITELY RECOMMEND THIS TEAM ..

Deanna S.Big Bear, CA

I am super satisfied with the job Kashani and his team had done for me after my car accident. They help me get all the attention I needed after accident plus got me a good compensation. They all are very pleasant and know what are doing, they are very professional and sharp . The group firm assisted me till make sure I was healed and make sure everything was paid by other insurance.

Felipe C.Riverside, CA

After my injury, I contacted Kash Legal in hopes of getting justice for what had happened to me. Kash Legal has helped me achieve that goal, and even during the COVID pandemic, they had always kept fighting and updating me on the case with extreme professionalism. Kash Legal changed my life for the better, and did a fantastic job doing so.

Justin J.Broken Arrow, OK

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