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 at 1-866-981-5596 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 1-866-981-5596.

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 1-866-981-5596.