Fresno Texting and Driving Accident LawyerInjured by a texting driver in Fresno, CA? Contact the top Fresno texting and driving accident lawyer to seek justice and compensation.

When another driver looks at their phone instead of the road, the crash that follows changes everything. Medical bills start arriving before you can process what happened, the insurance adjuster calls while you are still recovering, and you need someone who knows exactly what evidence to secure before it disappears. 

You are missing work, managing real physical pain, and dealing with an insurance company whose goal is to pay as little as possible.

At Kuzyk Law Personal Injury & Car Accident Lawyers, our auto accident lawyers represent clients injured by texting drivers throughout Fresno. 

We immediately send preservation letters to secure phone records before carriers delete them, manage all communication with insurance adjusters, and connect you with medical providers through lien arrangements so your treatment is not delayed by billing concerns. You pay nothing unless we win.

Get a free consultation and discover how our Fresno texting and driving accident attorneys can help you seek the compensation and justice you deserve.

What Is Texting and Driving Under California Law?

California law bans holding a cell phone while driving under Vehicle Code sections 23123 and 23123.5. Drivers may only use a hands-free device, and even then, the phone must be mounted and operated with a single tap. Breaking this law is not just a traffic violation. When it causes a crash, it becomes the legal foundation for your personal injury claim.

Common illegal behaviors that lead to crashes include:

  • Texting or reading messages at a red light
  • Scrolling through social media while moving
  • Holding a phone for GPS directions
  • Making video calls behind the wheel
  • Any phone use by a driver under 18 years old

Who Is Liable for a Texting and Driving Crash in Fresno?

The at-fault driver is the most obvious responsible party, but they are not always the only one. Depending on the facts of your crash, other parties may also owe you compensation.

  • The texting driver: Their personal auto insurance policy is the primary source of compensation.
  • Their employer: If the driver was running a work errand or using a company vehicle, their employer’s commercial policy may apply.
  • A rideshare or fleet company: If the driver was working for a rideshare service, the company’s policy may cover your losses.
  • A government entity: If a dangerous road condition contributed to the crash, the city or county may share responsibility. Note that government claims must be filed within six months.

What Compensation Can You Recover After a Texting and Driving Crash?

California allows injured victims to pursue two categories of damages: economic and non-economic. Economic damages cover your direct financial losses. Non-economic damages compensate you for physical pain and emotional distress.

Medical Bills and Future Care

You can recover costs for emergency room visits, surgeries, imaging, and physical therapy. We work with your treating doctors on medical liens, which means your care continues even if you have a high deductible or no health insurance.

Lost Income and Earning Capacity

If your injuries forced you to miss work, you can claim those lost wages. If your injuries prevent you from returning to your previous job or reduce your ability to earn in the future, we document that loss with financial experts.

Pain, Suffering, and Loss of Consortium

Pain and suffering damages address the physical reality of your injuries, including chronic neck pain, headaches, and the anxiety of getting back behind the wheel. Loss of consortium compensates your spouse for the impact the injury has had on your relationship.

How Do You Prove the Other Driver Was Texting?

Proving the other driver was texting requires physical evidence tied to the exact moment of impact. We move quickly because phone carriers delete records and security cameras overwrite footage within days.

Phone Records and App Data

We send legal preservation letters to cell carriers immediately after you hire us. We then subpoena call logs, text timestamps, and app activity to show the driver was using their phone at the time of the crash.

One pattern we consistently see in texting and driving claims in Fresno is that phone carriers servicing the Central Valley typically retain detailed call and data logs for a limited window before those records are purged or compressed. 

 

We send preservation demands within the first week of every case, because clients who contacted us weeks after a crash frequently find that the granular app activity logs showing active screen use have already been deleted from the carrier’s accessible records.

Police Reports and Witness Statements

The responding officer’s report is the foundation of your case. If a citation was issued for phone use, that citation is powerful evidence. We also track down any witnesses who saw the driver holding a phone before impact.

Video Footage and Event Data Recorders

Event data recorders, sometimes called black boxes, are built into most modern vehicles and capture speed and braking data in the seconds before a crash. We also request dashcam footage and surveillance video from nearby businesses before it is deleted.

What to Do After a Texting and Driving Crash in Fresno

The steps you take in the hours after a crash directly affect the strength of your claim. Adrenaline can mask serious injuries, so do not assume you are fine before seeing a doctor.

  1. Call 911: A police report creates an official record of the crash and the other driver’s behavior.
  2. Get medical care the same day: Delayed injuries like whiplash and soft tissue damage are common. A same-day medical visit documents the connection between the crash and your injuries.
  3. Photograph the scene: Capture vehicle positions, damage, road conditions, and any visible injuries. If you can safely photograph the other driver holding a phone, do so.
  4. Collect witness information: Get the name and phone number of anyone who saw the crash.
  5. Avoid recorded statements: Insurance adjusters will call quickly. Tell them you are still receiving medical care and prefer to communicate in writing. Do not sign any releases without a lawyer.

How Comparative Fault Affects Your Texting and Driving Claim

California follows a pure comparative fault rule. This means you can still recover compensation even if you share some responsibility for the crash. Your total award is reduced by your percentage of fault.

For example, if your damages total $100,000 but a jury finds you were 20 percent at fault, you recover $80,000. Insurance companies often try to inflate your share of blame to reduce their payout. We counter those arguments with evidence.

What If the Other Driver Has Minimum or No Insurance?

California requires drivers to carry liability insurance, but those minimum policy limits may not cover all expenses from a serious injury. When the at-fault driver is underinsured or uninsured, we look at your own policy for additional coverage.

Coverage Type

When It Applies

What It Covers

Uninsured Motorist

The at-fault driver has no insurance or fled the scene

Replaces the coverage the other driver should have carried

Underinsured Motorist

The at-fault driver’s limits are too low

Pays the gap between their policy limit and your actual damages

Medical Payments

You need immediate help with bills regardless of fault

Covers out-of-pocket medical costs up to your policy limit

Employer Liability

The driver was on the job or in a company vehicle

Accesses the employer’s commercial policy, which carries much higher limits

How Long Do You Have to File a Lawsuit in California?

You have two years from the date of the crash to file a personal injury lawsuit in California. Property damage claims have a three-year deadline. If a government vehicle or poorly maintained road contributed to your crash, you must file a formal notice within six months. Missing these deadlines means losing your right to compensation entirely.

Why Choose Kuzyk Law Personal Injury & Car Accident Lawyers?

Texting while driving cases in Fresno County require both speed and experience. Here is why injury victims who need a firm that will fight, not just negotiate, choose Kuzyk Personal Injury & Car Accident Lawyers.

  • We have recovered more than $1 billion for the people we represent: That figure is what happens when a law firm consistently prepares cases for the worst-case scenario and uses that preparation as leverage at every stage of the claim.
  • We have represented over 100,000 people injured through someone else’s negligence: Each case added to our understanding of how insurers behave, how juries think, and how to position a claim for the best possible outcome. That accumulated knowledge comes to work on your case.
  • More than 50 years of standing between injured Californians and insurance companies: The firm Walt Kuzyk founded in 1971 has grown, but the core commitment has not: help people, protect their rights, and refuse to let insurers minimize what happened to them.
  • Every case is built for trial: Insurance companies keep internal records on which firms settle every case and which ones follow through in the courtroom. Because we genuinely prepare every case for trial, adjusters treat our demands differently from the start.
  • No fees unless we win: We advance all case costs and collect our fee only from the compensation we recover for you. There is no financial risk to hiring us, regardless of your situation.
  • We answer around the clock because your situation does not follow a schedule: Whether you have a question on a Sunday evening or need help the night of an accident, our team is available at any hour to respond.
  • Bilingual team (English and Spanish): A serious injury affects every member of your household. Our Spanish-speaking staff makes sure the whole family stays informed and never has to navigate a language barrier when it matters most.
  • Your location is never an obstacle to representation: When injuries make travel difficult, we make the trip. We schedule home visits and hospital consultations so you can get the legal help you need without putting additional strain on your recovery.
  • More than 80% of our clients come from referrals: That number reflects what the people we have represented think of the work we did for them, not what we say about ourselves in advertising.
  • More than 30 experienced professionals on your side: From investigators who lock down evidence to case managers who keep things moving and attorneys who prepare for trial, our team is built to handle serious injury claims with the resources they require.

Frequently Asked Questions

How Much Is the Fine for Texting While Driving in California?

The base fine is about $20 for a first offense, and $50 for each offense after that, but court fees can push the actual total well above $150. Multiple offenses also add a point to the driver’s record.

Can I Still Recover Compensation If I Was Partly at Fault for the Crash?

Yes. California’s pure comparative fault rule lets you recover compensation even when you share some blame. Your payout is reduced by your percentage of responsibility, but it is not eliminated.

What If My Injuries Did Not Show Up Until Days After the Crash?

Delayed symptoms like back pain, headaches, and whiplash are very common after a texting and driving accident. You can still pursue a claim as long as you document your symptoms with a doctor and file within the two-year deadline.

How Soon Should I Contact a Fresno Texting and Driving Accident Lawyer?

You should call within days of the crash, not weeks. Cell carriers delete records on a rolling basis and most business surveillance systems overwrite footage within a week.

Contact Kuzyk Law Personal Injury & Car Accident Lawyers

If you were injured by a texting driver in Fresno, Kuzyk Law Personal Injury & Car Accident Lawyers is ready to fight for the compensation you deserve. We offer a free consultation with no obligation and no upfront fees. Call us at (661) 945-6969, visit our office at 2045 E Ashlan Ave Suite 106, or contact us online any time of day.