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I Was Struck by a Driver That Was on the Phone in California. Do I Have a Claim and Can I Make the District Attorney Prosecute This Driver?

In California, it is illegal to operate a motor vehicle while on the phone and without a hands-free device. If the other driver was negligent in the operation of their car while on the phone, there are additional penalties that the government may assess against this individual, criminal penalties that come with fines and suspension of license and potentially jail time if there were significant injuries resulting from the accident.

You do have a claim against the driver and their insurance. Naturally, the amount of your award will depend upon the amount of damages that you have suffered, your pain and suffering, wage loss and property damage. We can assess the amount of damages in your case after you had an opportunity to fully treat and heal from your condition. We do not recommend the client settle their cases early or attempt to evaluate their case early until there is a thorough understanding of all of your likely damages.

Call us to discuss your case. We guarantee all persons who call our office that they will receive informative, helpful information even if you choose not retain us.

Feel free to obtain our free resource book on how to locate an attorney for your case, the right attorney for you. You can also contact the District Attorney's Office in the county where the accident occurred. While the District Attorney is under no obligation to prosecute the driver for violations of the code, victims of such egregious conduct are heard by the District Attorney's Office and the District Attorney assigned to the case. It is worthwhile typically to write a letter advising the circumstances of the accident, how it occurred, and the frustration you had with the lack of responsibility of the other driver.

The District Attorney may require your testimony at a criminal hearing or trial, and if you asked that the matter be prosecuted expect that you will be subpoenaed to that trial.

We can help you through all phases of your personal injury automobile accident claim in Orange County or Los Angeles County. Please contact us at your earliest convenience and we will be happy to provide you with valuable information on the next step in the processing of your claim. Call us at (888) 752-7474.

The District Attorney may require your testimony at a criminal hearing or trial, and if you asked that the matter be prosecuted expect that you will be subpoenaed to that trial.

by James E. Ballidis

James Ballidis is the managing attorney for Allen, Flatt, Ballidis & Leslie and has been practicing personal injury law for 25 years.

If you need assistance or want to speak to an attorney about your accident or injury, call (888) 752-7474 or contact us.

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You were wonderful throughout my case. Thank you so much for taking the time to explain the process so that I could feel comfortable. When I was hurt, I really did not know where to turn and Suzanne was comforting and knowledgable. Thanks again for all you did.

- H.P.

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We're sorry about what happened to you. It shouldn't have, and that's why we do what we do - go after justice for people who were injured by someone else. You're not alone. Reach out, engage with us, and contribute your expertise to the process. This is a relationship - we can learn just as much from you as you can from us!

After all, it's your needs we're fulfilling. If you want a great Orange County personal injury attorney who you can trust, contact Allen, Flatt, Ballidis & Leslie.

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Allen, Flatt, Ballidis & Leslie
4400 MacArthur Blvd Ste 370
Newport Beach, CA 92660
Toll Free: (888) 752-7474
Local: (949) 752-7474
Email: contactus@allenflatt.com

OC Distracted Driving Accident Lawyer Disclaimer: The information on this site is not, nor is it intended to be, legal advice. You should formally consult an attorney for advice regarding your individual situation. We invite you to contact us and welcome your calls, letters and electronic mail. Please be advised, however, contacting us, submitting a case to us, and/or discussing your case with us does NOT create an attorney-client relationship. Please do not send any confidential information to us until such time as an attorney-client relationship has been established.

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