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Can You Be Liable for Texting a Driver? | Personal Injury Lawyer

Can You Be Liable for Texting a Driver? | Personal Injury Lawyer Personal Injury Lawyer | Lately, the public and the media have had a heightened awareness of distracted driving. More states are enacting strict bans on the use of cellphones and other devices while driving, and public campaigns against texting while driving have been mounted by more states. In California, there is a ban on the use of handheld mobile phones for all drivers, a ban on hand-held and hands-free phones for bus drivers, a ban on hand-held and hands free phones for novice drivers and a ban on texting for all drivers. In New Jersey, a recent decision by our court of appeals has rocked state tort law by potentially extending liability in vehicle collisions to persons not present in either vehicle or anywhere near the scene, but who were exchanging text messages with the driver just prior to the accident. In a decision handed down in August 2013, the court determined that a person who actively encourages a driver to respond to text messages while driving can be held liable along with the driver if the distraction leads to an accident under the following conditions: The texter actually knew the driver would view the text while driving. The texter has special reason to know the driver would view the text while driving. The decision, while groundbreaking, is limited in effect. In fact, the court found that the texter in that case could not be held liable because of insufficient evidence to show she knew or should have known that the driver would view her texts while behind the wheel. Nevertheless, the court’s holding opens the door for third-party texters to be liable under a narrow set of circumstances. Our car accident attorneys are following these developments and are ready to use this new precedent when appropriate in pursuit of the best interests of our injured clients. Regardless of this ruling, texting while driving is negligent behavior that can cause accidents resulting in property damage, injuries and death. For your safety and the safety of everyone else on the road, put down the phone when you are behind the wheel. If you have been injured in an accident that was caused by a distracted driver, schedule a consultation with an experienced personal injury law firm that will fight for your right to fair compensation for your injuries. Contact a personal injury lawyer at Young Wooldridge, LLP for a free consultation today. Call today for a confidential consultation! 661.327.9661 Like us on Facebook for more information!  

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Medical Expenses for Children | Personal Injury Lawyer

Medical Expenses for Children | Personal Injury Lawyer Personal Injury Lawyer | Children’s medical costs can be very difficult to deal with, especially for divorced parents. In California, both parents of children are responsible for their medical and dental expenses not covered by insurance. This includes deductibles and copayments totaling up to $250 per child each year. According to the California Reimbursement of Medical Expenses statute, these medical expenses may be added to child support obligations and divided between the two parents proportionally, based on each parent’s adjusted gross income. After the initial $250 has been paid, the parent paying for the treatment must provide the other parent with proof of the expenses and request reimbursement. In the event that a parent does not pay his or her portion of the medical expenses, an attorney may obtain a court order. To build a strong case in an attempt to obtain a court order, it is beneficial to have records of the following: The medical or dental service that occurred after the marriage was dissolved and while the child was still eligible to receive child support Proof of payment and submission to applicable insurers Reimbursement from insurance companies Copies of official requests for reimbursement from the other parent Evidence that the other parent has not yet paid If these factors are present, it will be more likely that you will successfully receive a court order obligating the other parent to provide his or her share of medical costs. For more information on this issue or to explore your options to secure a court order, speak with a compassionate Bakersfield personal injury lawyer at Young Wooldridge, LLP. Call today for a confidential consultation! 661.327.9661 Like us on Facebook for more information!  

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