Understanding Distracted Driving Laws
California has specific laws prohibiting handheld cell phone use while driving, including texting, calling, and using apps without hands-free technology. Drivers under 18 face even stricter restrictions, prohibited from using any wireless communication device while behind the wheel. Violating these laws creates a presumption of negligence that strengthens your case, though distracted driving extends far beyond just cell phone use to include any activity that takes attention away from safe driving.
Proving distracted driving requires more than just showing a traffic violation occurred, as you must demonstrate that the distraction directly caused the accident and your resulting injuries. California courts recognize various forms of distraction, including visual distractions that take eyes off the road, manual distractions involving hands leaving the steering wheel, and cognitive distractions that divert mental attention from driving tasks. Insurance companies often argue that momentary distractions don’t constitute negligence, making experienced legal representation essential to counter these defenses.
Types of Distracted Driving Behaviors
Cell phone use represents the most common form of distracted driving, including texting, calling, browsing social media, taking photos, or using navigation apps while the vehicle is in motion. Drivers often believe they can multitask safely, but research consistently shows that phone conversations and texting dramatically increase crash risk even with hands-free devices. Other technology-related distractions include adjusting GPS systems, changing music, or interacting with dashboard touchscreens that require visual attention and manual manipulation.
Non-technology distractions also cause serious accidents, including eating and drinking, personal grooming, reaching for objects, adjusting mirrors or seats, and interacting with passengers or pets. External distractions like rubbernecking at other accidents, looking at billboards, or watching roadside activities can also lead to collisions. These behaviors demonstrate a pattern of choosing convenience over safety, and we work to establish this negligent decision-making contributed directly to your accident and injuries.
Proving Distracted Driving Cases
Cell phone records provide crucial evidence in distracted driving cases, showing calls, texts, and app usage at the time of your accident. We subpoena these records from wireless carriers and work with technology professionals to analyze data that proves the driver was engaged in distracting activities. Witness testimony from passengers, other drivers, or pedestrians who observed distracted behavior before the crash adds credibility to your claim.
The following evidence strengthens distracted driving accident cases:
- Cell phone records showing activity at the time of the collision
- Witness statements describing observed distracted behavior
- Police reports noting driver admissions or citations issued
- Traffic camera footage capturing the moments before impact
- Vehicle computer data showing sudden braking or steering inputs
- Social media posts made around the time of the accident
Physical evidence from the accident scene, including skid marks, impact patterns, and vehicle positioning, can also support claims that the driver failed to brake or react appropriately due to distraction. We combine this evidence with accident reconstruction analysis when necessary to create a compelling narrative that establishes the driver’s negligence and your right to compensation.
Challenges with Insurance Companies
Insurance companies often downplay distracted driving claims by arguing brief moments of inattention don’t constitute negligence or that other factors primarily caused the accident. They may claim that hands-free device use is legal and therefore not negligent, despite evidence showing cognitive distraction still impairs driving ability. Adjusters frequently question the timing of phone records or argue that correlation doesn’t prove causation between device use and the collision.
Defense attorneys and insurance companies also attempt to shift blame onto victims by claiming they could have avoided the accident through defensive driving or that their own actions contributed to the collision. They may argue that distracted driving is so common that it represents ordinary negligence rather than the reckless behavior warranting significant compensation. We counter these tactics with thorough preparation, compelling evidence, and aggressive advocacy that holds distracted drivers fully accountable for their dangerous choices.
Get the Big Results You Deserve
Distracted driving accident cases require immediate action to preserve crucial evidence like cell phone records and witness statements before they disappear or become unavailable. Insurance companies begin investigating claims immediately, often contacting drivers to obtain statements that minimize their distraction or shift blame onto victims. Our 10+ years of personal injury experience give us the knowledge and resources needed to counter these tactics while building the strongest possible case for your recovery.
We handle all aspects of your distracted driving case so you can focus on healing from your injuries, from subpoenaing phone records to negotiating with insurance companies and preparing for trial when necessary. You don’t pay anything until we win your case, eliminating financial risk while ensuring you get the aggressive representation needed to hold distracted drivers accountable. Contact us today at (818) 647-9681 or submit your case details through our contact form to get started on securing the compensation you deserve for this preventable accident.
