Injured in a crash in caused by someone who was texting and driving in San Bernardino, CA? Our skilled San Bernardino texting and driving accident attorneys help car crash victims recover compensation.
Texting and handheld phone use contribute to distracted-driving crashes throughout California, and the stretches of I-10, I-215, and I-210 that run through San Bernardino are commonly affected.
Victims are left facing medical treatment, lost income, vehicle damage, and the physical and emotional toll a crash like this takes, all while insurance companies work to protect their own bottom line instead of yours.
Krasney Law Accident Attorneys represents injured drivers, passengers, motorcyclists, and pedestrians throughout the Inland Empire. California Vehicle Code § 23123.5 bans holding or operating a phone behind the wheel, and California Code of Civil Procedure § 335.1 gives you two years from the date of your crash to file a personal injury lawsuit.
Our San Bernardino texting and driving accident lawyers use this window to build a case that holds the at-fault driver accountable.
Hiring a lawyer after a distracted driver hurts you does not make you sue happy, it is the practical response to a preventable injury someone else caused, and it puts an experienced advocate between you and an insurance company that is already building its defense.
Contact us today for a free consultation and discover how our texting and driving accident attorneys in San Bernardino can help you seek the compensation and justice you deserve.
Were You Hit by a Texting Driver in San Bernardino?
Another driver looked down at their phone for one second, and now you are facing injuries, a damaged vehicle, and bills you should never have had to pay. You have every right to hold that driver financially responsible, and we know exactly how to make that happen.
At Krasney Law, we investigate distracted driving crashes throughout San Bernardino and the Inland Empire, gather the evidence that proves what happened, and take on the insurance company so you never have to face them alone.
Contact us today for a free, same-day case evaluation. You never pay a fee unless we win.
Do You Have a Texting and Driving Case?
To hold a texting driver liable in California, we need to show they violated the state’s hands-free phone law, that violation directly caused your crash, and that you suffered real injuries and losses as a result. These cases carry a stronger liability foundation than most car accident claims because California law leaves absolutely no room for the at-fault driver to claim they were being careful.
What Is Illegal Cell Phone Use While Driving in California?
California Vehicle Code § 23123.5 makes it illegal to hold or physically operate a cell phone while driving, this includes texting, scrolling, checking an app, or reading a notification. Drivers are required to use a hands-free mount, and even a driver using a hands-free device can be held responsible if distraction from their screen contributed to the crash.
Is Texting While Driving Negligence Per Se?
Negligence per se is a legal rule that says when a driver breaks a safety law and causes exactly the type of harm that law was written to prevent, California courts automatically treat them as negligent. Because the hands-free law exists specifically to stop distracted driving accidents, a texting driver cannot credibly argue they were exercising reasonable care, a major advantage for your claim before our San Bernardino texting and driving accident lawyers even reach the negotiating table.
What if You Were Partly at Fault for the Crash?
California’s pure comparative fault rule allows you to recover compensation even if you share some responsibility for the accident. Your final award is reduced by your percentage of fault, if a jury finds you 25% at fault, you still collect 75% of your total damages. We take on that argument so the insurance company cannot use your partial responsibility to deny or drastically cut your claim.
One pattern we consistently see in texting and driving claims tied to San Bernardino County Superior Court is an adjuster trying to shift more fault onto the injured driver than the evidence actually supports.
We routinely pull traffic camera footage and cell phone records from crashes along Highland Avenue and Waterman Avenue to show exactly who was distracted when the collision happened. In our experience, once carrier data confirms the other driver was on their phone, comparative fault arguments from the insurance company tend to fall apart quickly.
How Do We Prove the Other Driver Was Texting?
Most drivers deny being on their phone at the scene. We build your case from evidence they cannot simply dispute:
- Cell phone carrier records: We subpoena logs that show every call, text, and data connection with an exact timestamp, matched directly against the moment your crash occurred.
- Vehicle Event Data Recorder (EDR): The vehicle’s built-in “black box” records speed, braking, and steering in the seconds before impact. A driver who never touched the brakes because they were never looking up tells a story that is very hard to walk back.
- Traffic and business surveillance footage: We immediately canvass the crash area for footage from city traffic cameras, nearby storefronts, and adjacent properties before recordings are overwritten, something that can happen within days.
- Spoliation letters: The moment you hire us, we send legal preservation notices to the other driver and their insurer requiring them to protect all phone and vehicle data. Destroying that evidence after receiving our notice can be used against them in court.
What to Do After a Texting and Driving Crash
The choices you make in the first 24 hours directly shape the strength of your claim. The at-fault driver’s insurer will call you quickly, their goal is to get a statement from you before you have legal representation.
- Call 911. A police report creates an official, dated record of the crash and documents any statements or observations made at the scene. Always wait for officers to arrive before leaving.
- Get medical care the same day. Injuries like whiplash, traumatic brain injuries, and internal trauma often do not surface until hours or days after impact. A same-day examination creates a medical record that directly links your injuries to the crash, a connection the insurer will challenge if you delay treatment.
- Photograph the scene thoroughly. Capture both vehicles from multiple angles, your visible injuries, skid marks, traffic signals, and road conditions. If you can safely see the other driver’s phone inside their car, photograph it.
- Decline the recorded statement. The other driver’s adjuster is gathering information to minimize what they owe you, not to help you. Politely decline, then call Krasney Law. From that point forward, we handle every conversation with the insurance company on your behalf.
- Across the texting and driving cases we handle out of San Bernardino, clients treated at Arrowhead Regional Medical Center or St. Bernardine Medical Center often do not realize the full extent of a concussion or soft tissue injury until follow-up appointments weeks later.
Insurers regularly seize on that treatment gap to argue the injury was unrelated to the crash, especially in cases along the I-10 and I-215 corridors where secondary impacts are common. Getting evaluated the same day, and following through on every referral, protects both your health and your claim.
What Compensation Can You Recover?
You are entitled to be made whole for every way this crash has affected your life, not only the bills that have already arrived.
Medical Bills and Long-Term Care
We pursue recovery for your Emergency Room visit and related medical care, including surgeries, physical therapy, specialist appointments, and prescription medications. Serious injuries require ongoing treatment, and we factor your projected future medical costs into your claim from the start, not just the expenses you face today.
Lost Wages and Earning Capacity
Every day you could not work because of this crash is money the at-fault driver owes you. If your injuries permanently reduce your ability to perform your job or limit your earning potential, we calculate the full long-term financial impact, not just the paychecks already missed.
Pain, Suffering, and Emotional Distress
Physical pain, PTSD, anxiety, sleep problems, and the loss of activities you once enjoyed are real, compensable losses even without a paper receipt. Insurance companies routinely undervalue these damages because they count on you not pushing back, we document them thoroughly and fight for what they are actually worth.
Who Pays Your Claim
Recovery often comes from more than one source. If the texting driver was on the clock, delivering packages, driving for Uber or Lyft, or operating a company vehicle, we pursue their employer’s commercial insurance policy, which typically carries far higher limits than a personal auto policy. When the at-fault driver was uninsured or underinsured, we turn to your own Uninsured/Underinsured Motorist (UM/UIM) coverage to fill the gap.
California Filing Deadlines
In California, you have two years to file a personal injury lawsuit from the date of the crash. If the at-fault driver was a government employee, a city worker, transit driver, or school district employee, the window to file a formal government claim shrinks to just six months to file. Cell phone records can be deleted and camera footage overwritten within weeks, so the sooner you contact us, the more evidence we can lock down.
What our San Bernardino texting and driving accident attorneys see repeatedly in San Bernardino claims involving a distracted commercial or rideshare driver is that the at-fault company’s insurer moves fast to lock in a low number before the true scope of medical treatment is known.
Crashes on Route 60 and Baseline Road involving delivery vehicles or rideshare drivers often carry higher policy limits, but only when the claim is filed correctly against the employer’s coverage rather than the driver’s personal policy alone. We routinely see adjusters avoid disclosing those commercial limits until we file suit and force it through discovery at the San Bernardino Justice Center.
Why Hire Krasney Law Accident Attorneys?
Dealing with an insurance company alone after a serious crash puts you at an immediate disadvantage. Their adjusters and legal team exist to protect the company’s bottom line, not to see that you are treated fairly.
- 35+ years of exclusive personal injury practice: Robert Krasney has represented injured accident victims in California courts since 1987, handling nothing but personal injury cases across the Inland Empire. Insurance companies know our firm and know we are serious about going to trial when necessary.
- No fee unless we win: We advance all case costs, medical records, expert witnesses, deposition fees, and court filings, out of our own pocket. You owe us nothing if we do not recover money for you.
- Direct access to your attorney: You will not be handed off to a junior associate juggling hundreds of files. When you have a question, your attorney is available to answer it.
- Medical care on lien: If you do not have health insurance, we connect you with trusted providers who begin treating your injuries immediately and wait to be paid from your settlement.
- Every case prepared for trial: Insurance companies settle more fairly with law firms they know will go to a San Bernardino courtroom. We build every case from day one as if a jury will decide it.
San Bernardino Texting and Driving Accident Lawyer FAQ
Can You Sue a Driver Who Was Texting When They Hit You?
Yes. A driver who violates California’s hands-free law and causes a crash is legally negligent and financially responsible for your medical bills, lost income, pain and suffering, and every other loss that resulted.
How Can You Prove the Other Driver Was on Their Phone at the Time of the Crash?
We build proof through subpoenaed cell carrier records, the vehicle’s Event Data Recorder, available surveillance and dashcam footage, and eyewitness accounts, all without depending on the driver to confess.
Does Texting While Driving Result in Criminal Charges in California?
Violating California’s hands-free phone law is a traffic infraction punishable by a fine, not a criminal charge. That same violation, however, becomes powerful evidence of negligence in your civil injury claim against the at-fault driver.
What if the Police Report Incorrectly Names You as at Fault?
A police report is evidence, not a final ruling. We challenge inaccurate findings using our own investigation, expert accident reconstruction, and witness accounts gathered directly from the scene.
What Does Hiring a San Bernardino Texting and Driving Accident Lawyer Cost?
Nothing upfront. Krasney Law operates on a contingency fee basis, you pay a legal fee only if we recover money for you, and we cover all case costs throughout the process.
Will Filing a Claim After a Crash Cause Your Insurance Rates to Increase?
California law prohibits insurers from raising your premium for an accident you did not cause, so filing a claim when the other driver is at fault will not affect your rates.
Do You Have to Appear in Court to Resolve a Texting and Driving Claim?
Most cases settle through negotiation without a courtroom appearance. Preparing every case for trial from the start is what consistently pressures insurers into making fair settlement offers before it ever reaches that point.
