The short answer
A driver who causes a crash while texting or using a phone in violation of California law may be held responsible for the injuries. Violating a safety statute can support a presumption of negligence. Proving distraction usually depends on records such as phone data, app activity, vehicle logs, and video, which can be lost quickly.
Distracted driving means anything that takes a driver's eyes, hands, or mind off the task of driving. Texting, scrolling, talking on a phone, using a navigation app, adjusting an infotainment screen, eating, grooming, tending to passengers, or simply looking at something other than the road can all cause a crash in a second or two. In a busy place like Los Angeles, where traffic can change from stop-and-go to fast-moving in moments, a distracted driver can rear-end a stopped car, drift out of a lane, run a light, or strike a pedestrian before they ever look up.
California has specific laws about phones and other wireless devices in vehicles, and a driver who breaks them may be considered negligent. But proving distraction is often the hardest part of the case. After a crash, drivers commonly say they were paying attention, that they had just glanced away, or that the phone was in a mount or a pocket. Unless there is a witness or video, the proof may be in the records: phone and carrier data, app activity, and logs from the vehicle's own systems.
Our founding attorneys spent years on the insurance defense side and inside a major auto insurer, so we know how insurers handle distraction claims. They often accept a driver's denial at face value, and they know that records can be overwritten or deleted over time. We act early, send preservation demands, and pursue the evidence that can show what a driver was actually doing in the moments before the crash.
Your consultation is free and confidential, and you pay no attorney's fee unless we recover compensation for you. We are available 24/7. If you were hurt by a driver you believe was distracted anywhere in Los Angeles or San Bernardino, call early so the records that could prove it are not lost.
From the other side of the table
How the insurer handles a distracted driving claim
The simple denial
A driver says they were not on the phone, and the insurer treats that as the end of the discussion. We do not accept a denial without the records. We look at what the device, the carrier, and the vehicle can show.
Records that quietly disappear
Phone data, app logs, and vehicle system logs do not stay available forever, and a driver who deletes messages or replaces a phone can make proof harder. We send preservation demands quickly and pursue the records through the proper legal process.
"I only looked away for a second"
Defense teams often minimize distraction as a momentary lapse. A second or two is enough at road speed. We use timing, vehicle data, and reconstruction to show how the lapse caused the crash.
Shifting the blame to you
When distraction is hard to deny, insurers often argue the injured person stopped suddenly or was also at fault. We answer with evidence of where each vehicle was and what each driver did.
Why it happens
Common causes
Texting and typing
Reading or writing a message takes eyes, hands, and attention away from the road all at once, making it one of the most dangerous distractions.
Calls and hands-on phone use
Holding a phone or scrolling while driving is restricted under California law and is a common factor in serious crashes.
Navigation and apps
Entering an address, checking a route, or using a rideshare or delivery app can pull a driver's attention off the road at a critical moment.
Infotainment and dashboard screens
Touchscreens in the vehicle can take a driver's eyes off the road to change music, climate settings, or maps.
Eating, drinking, and grooming
Reaching for food or a drink, or taking a hand off the wheel for other tasks, reduces a driver's control and reaction time.
Passengers, children, and pets
Turning to speak with passengers or tend to children or pets can mean several seconds without watching the road.
Work-related distraction
Drivers who are working, such as those handling dispatch messages, deliveries, or calls, may be distracted by job tasks, and their employer may share responsibility.
What we see
Injuries we handle
What you may recover
Compensation in a California claim
Medical expenses, now and in the future
Emergency care, surgery, therapy, medication, and the expected cost of ongoing treatment, supported by your treating providers.
Lost income and earning capacity
Wages you lost while recovering, and the reduced ability to earn if your injuries limit the work you can do.
Pain, suffering, and loss of enjoyment of life
The physical pain, emotional distress, and changes to daily life that follow a serious crash.
Property damage and loss of use
Repair or replacement of your vehicle and the cost of not having it while you recover.
Wrongful death damages
For families who lose a loved one, compensation for lost financial support, companionship, guidance, and funeral expenses.
Punitive damages in appropriate cases
In rare cases involving conscious disregard for the safety of others, punitive damages may be considered. We tell you honestly whether the facts of your case support that.
The rules that apply
California law you should know
Handheld phone use while driving
California generally restricts holding and using a phone or other wireless device while driving, and sets rules for hands-free use. A violation can support a claim of negligence.
Vehicle Code § 23123
Texting and wireless devices
California also has rules on writing, sending, or reading text-based messages and on how wireless devices may be mounted and operated while driving.
Vehicle Code § 23123.5
Violating a safety statute can support negligence
If a driver violated a safety statute and that violation caused the harm, the law may presume negligence unless the driver shows a valid excuse.
Evidence Code § 669
Employer responsibility
An employer may be responsible for harm caused by an employee acting within the scope of their work, such as a driver distracted by a work call or message.
Civil Code § 2338
Pure comparative fault
If the defense argues you share some blame, compensation is reduced by your percentage of fault rather than barred.
Li v. Yellow Cab Co. (1975) 13 Cal.3d 804
Two-year injury deadline
Most personal injury lawsuits must be filed within two years, but phone and vehicle records can be lost much sooner.
Code of Civil Procedure § 335.1
General information, not legal advice. Deadlines and rules depend on the facts of your case, so talk to an attorney promptly.
Right now
Protect your claim
Evidence to gather
- The police or CHP collision report number and the investigating agency
- Names and contact information for witnesses, including anyone who saw the driver's phone or head position
- Photos and video of the scene and the vehicles
- Dashcam, doorbell, business surveillance, and traffic camera footage
- The other driver's phone and carrier records for the time of the crash, where available through legal process
- App activity, such as messaging, navigation, or delivery and rideshare app logs
- Vehicle infotainment and event data recorder logs
- Your medical records, bills, and proof of lost income
Mistakes insurers count on
- Giving a recorded statement to the other driver's insurer
- Assuming the driver's denial of phone use is the end of the matter
- Waiting weeks while phone, app, and video records are overwritten or deleted
- Accepting a quick settlement offer before the full injury is understood
- Skipping medical care or leaving gaps in treatment
- Posting about the crash or your injuries on social media
Step by step
How we handle your case
- 1
Listen and protect you first
We start with a conversation, explain your options in plain language, and handle calls from insurers so you do not have to.
- 2
Preserve the evidence right away
We send preservation demands to the at-fault driver and, where appropriate, to their employer and others, covering phones, messages, app activity, and vehicle data.
- 3
Pursue the records
Where a lawsuit is filed, we use the legal process to seek phone and carrier records, app data, and vehicle infotainment logs that may show distraction around the time of the crash.
- 4
Identify every source of coverage
We look at the driver's policy, the vehicle owner, an employer if the driver was working, and your own coverage, including uninsured/underinsured motorist coverage.
- 5
Document the full impact of your injuries
We gather medical records and bills and, where appropriate, work with medical and financial professionals to show the long-term cost of your injuries.
- 6
Negotiate from strength or go to trial
We negotiate with insurers and file suit when necessary, preparing every case as though it will be tried.
From the Case Vault
Related results
Past results do not guarantee a similar outcome. Every case is different and must be evaluated on its own facts.
Straight answers
Frequently asked questions
Distraction is often proved through records and circumstances. That can include witness statements, video, the way the crash happened, phone and carrier records, app activity, and logs from the vehicle's infotainment system. Some of these records can be obtained only through legal process, and they can be lost over time, so acting early matters.
Vehicle Accidents