HHJ Trial Attorneys

San Diego Car Accidents & Injury Lawyers

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San Diego Texting While Driving Accident Lawyer

  • Over 550 combined Google 5-Star Reviews
  • Tens of millions won every year for our clients
  • We won’t settle for less than the maximum value for your case
  • 30 combined years of legal experience 
San Diego personal injury lawyers near me

Trusted And Recommended

HHJ Trial Attorneys proudly serve victims who have suffered from serious injuries. HHJ is one of San Diego’s premiere personal injury law firms.  We’ve obtained over ten million dollars for our clients within the last 4 years alone and have been voted the Best Litigation Firm for the last 3 years through the San Diego Union Tribune. All three partners have been voted as Super Lawyers and have received coverage from local and national news outlets.

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Khala BarkusKhala Barkus
19:33 25 Sep 22
Michael and his team were so great during this entire process. They helped me to get a pretty significant settlement from my case and they were never delayed in any of the processes. I am confident that had I not "fired" the first attorney that I started to work with and called HHJ trail attorneys, I would not have gotten the results that I got with HHJ. You can't go wrong with working with these guys to settle your case.
TylerTyler
21:09 25 Aug 22
Michael and the HHJ staff were extremely helpful from the start of my case less than a year ago. From the time I had my accident, to having doctor appointments set up to the final conclusion, it couldn’t have been a smoother process from beginning to end. Michael is very detailed and organized and always has your best interest at heart. He is very responsive and is always on top of it. I didn’t have to do much other than show up to my doctor appts and respond with info that was needed. I would without a beat use Michael and his team again if needed. HHJ is the best in Southern California!
Claudia LopezClaudia Lopez
21:41 08 Jul 22
Mr. Adam Hepburn and his firm, HHJ Trial Attorneys, took on our legal case. Mr. Adam Hepburn came recommended, luckily. We can't thank Mr. Adam Hepburn and his firm for their stellar work throughout our entire legal case. If I had any questions or concerns, Mr. Adam Hepburn would quickly address my concerns either via email, cell phone or even on text. Mr. Adam Hepburn was very truthful, thoughtful when explaining the facts of my case, and extremely professional. If you're on the fence with hiring Adam Hepburn and his firm, don't be, he's the best in the field. Adam won my case! Must hire him and his firm if you need his type of services.
FergalFergal
15:00 20 Apr 22
Michael and the team at HHJ Trial Attorneys have taken the best care of our Clients after they have being involved in road accidents. The care, attention and commitment they provide to all their clients is extraordinary as are their life enhancing results - HHJ Trial Attorneys = Best In Class.
Anne FranksAnne Franks
14:41 20 Apr 22
Michael at HHJ Trial Attorneys is a professional Accident & Personal Injury Lawyers group. This group is very is highly recommended! They are very professional compared to other firms. If you are looking for a quality group of attorneys that will get the job done, this is the one to call!
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San Diego Texting While Driving Accident Attorney Protecting Your Rights

In an era where smartphones have become nearly ubiquitous, the perilous practice of texting while driving has emerged as a grave threat to road safety. If you or a loved one has suffered injuries or damages due to a car accident caused by a negligent driver who was texting behind the wheel, you need an attorney who specializes in navigating the complexities of these cases. At our law firm, we are dedicated to championing the cause of those who have been affected by distracted driving. Our expertise in texting while driving cases, backed by a deep understanding of the law and a commitment to justice, positions us to vigorously advocate for your rights and pursue the compensation you deserve. We are here to be your advocates, allies, and legal guides on the path to justice and recovery.

How Common is Texting While Driving?

Texting while driving is a dangerous and irresponsible behavior that can lead to accidents, injuries, and even fatalities. The prevalence of texting while driving can vary by location, age group, and other factors, but it remains a concerning issue in many parts of the world. Here are some key points regarding the commonality of texting while driving:

  • Prevalence: Texting while driving has been a common problem, especially with the widespread use of smartphones. Surveys and studies have indicated that a significant number of drivers admit to texting or using their mobile devices while driving.
  • Distracted Driving: Texting while driving is just one form of distracted driving. Other distractions, such as talking on the phone, using GPS, eating, or adjusting the radio, also contribute to the problem.
  • Legal Consequences: Many regions have implemented laws and penalties to discourage and penalize texting while driving. These laws vary by location and can include fines, license suspension, or other penalties.
  • Public Awareness: Efforts to raise awareness about the dangers of texting while driving have been ongoing through public service campaigns, school programs, and advocacy groups.
  • Age and Gender: Studies have shown that certain demographics, particularly younger drivers, are more likely to engage in texting while driving. However, this behavior can be observed across all age groups and genders.
  • Technology Solutions: Some mobile apps and phone features, like “Do Not Disturb While Driving” modes, are designed to reduce distractions and encourage safe driving.
  • Enforcement: The effectiveness of laws and enforcement varies, and it can be challenging for law enforcement to detect and stop texting drivers.

It’s important to note that the prevalence of texting while driving can change over time, as laws, education, and public awareness campaigns evolve. Additionally, the widespread adoption of hands-free communication and advancements in vehicle technology can influence the behavior of drivers. However, it remains a serious issue that poses significant risks to road safety. To combat this problem, it’s crucial for individuals to make responsible choices and for governments and organizations to continue their efforts to discourage and prevent texting while driving.

Do I Have a Car Accident Claim If The Other Driver Was Texting?

If you’ve been involved in a car accident where the other driver was texting and their negligence contributed to the accident, you may have a car accident claim. Here are some key considerations:

  • Negligence: To have a valid claim, you generally need to show that the other driver was negligent, meaning they failed to exercise reasonable care while driving. Texting while driving is widely recognized as a form of negligence because it diverts the driver’s attention from the road.
  • Evidence: To support your claim, you’ll need evidence that the other driver was texting at the time of the accident. This may include eyewitness accounts, photographs or videos, cell phone records, or police reports.
  • Injury or Damages: In addition to proving the other driver’s negligence, you must demonstrate that you suffered injuries or damages as a result of the accident. This can include medical bills, property damage, lost wages, pain and suffering, and other losses.
  • Insurance Coverage: Your ability to seek compensation may also depend on the insurance coverage of the other driver. In most cases, you’ll first file a claim with their insurance company. If their insurance doesn’t cover your damages or if the other driver is uninsured, you may need to explore other legal options.
  • Comparative Negligence: Some jurisdictions follow a comparative negligence system, which means that if you are found partially at fault for the accident, your compensation may be reduced by the percentage of fault assigned to you. This can impact the amount of compensation you receive.
  • Legal Assistance: It’s often advisable to consult with a personal injury attorney who specializes in car accidents. They can assess the specifics of your case, help you gather evidence, negotiate with insurance companies, and, if necessary, represent you in court.
  • Statute of Limitations: Be aware of the statute of limitations in your jurisdiction, which sets a time limit for filing a personal injury lawsuit. Missing this deadline can result in losing your right to pursue a claim.

It’s important to gather all the necessary information and consult with an attorney to evaluate the strength of your case. Each car accident is unique, and the outcome of a claim will depend on various factors, including the specific circumstances of the accident and the applicable laws in your jurisdiction. If you believe you have a claim, it’s best to seek legal guidance promptly to protect your rights and interests.

Can a San Diego Texting While Driving Accident Lawyer Help Me?

A San Diego texting while driving accident lawyer can help you if you’ve been involved in a car accident caused by another driver who was texting. Here’s how an experienced attorney can assist you:

  • Legal Expertise: A San Diego texting while driving accident lawyer has a deep understanding of California’s traffic laws, personal injury laws, and the specific regulations related to distracted driving. They can help you navigate the legal complexities of your case.
  • Investigation: Your attorney will conduct a thorough investigation to gather evidence that proves the other driver’s negligence, including obtaining cell phone records, interviewing witnesses, and collecting accident reports.
  • Determining Liability: Your lawyer will work to establish the liability of the texting driver and build a strong case to support your claim. This may include proving that the other driver’s texting behavior was a direct cause of the accident.
  • Communication with Insurance Companies: Your attorney can handle communications with the insurance companies involved, including the at-fault driver’s insurer. They will negotiate on your behalf to ensure that you receive fair compensation for your injuries and damages.
  • Calculating Damages: Your lawyer will assess the full extent of your damages, which may include medical expenses, property damage, lost wages, pain and suffering, and other losses. They will work to ensure that you are appropriately compensated for all your losses.
  • Litigation if Necessary: If a fair settlement cannot be reached through negotiations, your attorney can file a personal injury lawsuit on your behalf and represent you in court.
  • Legal Guidance: Your lawyer will provide you with expert legal advice and guide you through the entire claims process. They will help you make informed decisions that protect your rights and interests.
  • Contingency Fee Arrangement: Many personal injury lawyers work on a contingency fee basis, meaning you don’t pay upfront legal fees. They only get paid if you receive compensation through a settlement or court award.
  • Local Knowledge: A San Diego-based attorney will have a good understanding of the local court system, judges, and legal procedures, which can be beneficial for your case.

If you’ve been injured in a car accident due to someone else’s texting while driving, it’s highly recommended to consult with an experienced San Diego texting while driving accident lawyer. They can help you build a strong case, maximize your chances of receiving fair compensation, and relieve the legal burdens associated with your accident, allowing you to focus on your recovery.

What Type of Compensation Can I Receive After a Car Accident Where The Other Driver Was Driving?

If you’ve been involved in a car accident where the other driver was texting while driving, and you can establish their negligence as a contributing factor to the accident, you may be entitled to various types of compensation. The specific compensation you can receive will depend on the circumstances of the accident, the extent of your injuries, and the laws in your jurisdiction. Common types of compensation include:

  1. Medical Expenses: You can seek compensation for all medical costs related to the accident, including hospital bills, doctor’s visits, surgery, prescription medications, rehabilitation, and future medical expenses if your injuries require ongoing care.

  2. Property Damage: You can recover the costs of repairing or replacing your vehicle and any other personal property that was damaged in the accident.

  3. Lost Wages: If your injuries have caused you to miss work or reduced your earning capacity, you may be entitled to compensation for your lost income, including both current and future earnings.

  4. Pain and Suffering: You can seek compensation for physical pain, emotional distress, and the overall impact of the accident on your quality of life. This is a more subjective type of compensation and varies from case to case.

  5. Loss of Consortium: In some cases, the spouse or family members of the injured party may be eligible for compensation due to the loss of companionship or support resulting from the accident.

  6. Punitive Damages: In cases of extreme negligence or intentional misconduct, you may be able to pursue punitive damages. These are meant to punish the at-fault driver and deter similar behavior by others.

  7. Funeral Expenses and Wrongful Death Damages: If the accident resulted in a fatality, the surviving family members may be entitled to compensation for funeral and burial expenses, as well as damages for the loss of their loved one’s financial support and companionship.

It’s important to consult with an experienced personal injury attorney to fully understand the potential compensation available to you based on the specific details of your case and the laws in your jurisdiction. An attorney can help you build a strong case, negotiate with insurance companies, and, if necessary, represent you in court to ensure that you receive fair and just compensation for your losses and suffering.

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