A Distracted Driver Hit You. Phone records and vehicle data can prove it.

Distracted Driving Liability Under California Law

California's hands-free laws prohibit handheld phone use while driving and create a statutory framework that supports negligence per se claims when violation of those statutes causes an accident.

California Vehicle Code § 23123 (handheld phone use) and § 23123.5 (holding or operating any handheld electronic device) collectively establish a comprehensive prohibition on phone use while driving. Violation of either statute is a traffic infraction carrying fines — and, more importantly for civil purposes, triggers California's negligence per se doctrine under Evidence Code § 669.

Beyond phone use, driver distraction encompasses any activity that diverts attention from driving: eating, adjusting in-vehicle controls, interacting with passengers, reading navigation displays, or personal grooming. These non-statutory distractions are evaluated under the general negligence standard — whether the driver failed to exercise the care that a reasonably prudent person would exercise under the same circumstances.

Distracted driving is particularly difficult to prove without direct evidence because the behavior leaves no physical trace at the scene. Building a distracted driving case requires active evidence preservation — phone record subpoenas, surveillance footage requests, and witness statements should be pursued promptly after the accident.

What to Do After a Distracted Driver Accident in California

Steps focused on preserving the evidence unique to distracted driving cases — phone records, footage, and witness accounts that prove inattention at the moment of impact.

1
Call 911 and describe what you observed. Tell the responding officer if you saw the other driver looking at a phone, eating, or otherwise not watching the road before impact. This observation should be in the official report.
2
Ask witnesses for contact information. Bystanders or other motorists who saw the driver's behavior before the crash are valuable witnesses. Their accounts of phone use or other distraction can be critical when phone records alone are ambiguous.
3
Note the other driver's post-crash behavior. Did they immediately check their phone? Was a phone visible in their hand or on the seat? Were they slow to react to the crash — consistent with looking down? Document these observations promptly.
4
Seek medical attention promptly. Document all injuries with dated medical records. The causal link between the crash and your injuries is essential to the damages claim.
5
Request nearby surveillance footage early. Traffic cameras, business cameras, and dashcam footage from other vehicles often capture pre-crash driving behavior. Many systems overwrite footage within 14–30 days. A written preservation demand sent promptly may prevent destruction.
6
Preserve your own evidence. Save all medical records, bills, pay stubs showing lost wages, and insurer correspondence. Do not discuss the accident on social media.

Your Rights After a Distracted Driver Accident

Right to Full Compensatory Damages

You are entitled to recover all economic damages (medical expenses, lost wages, property damage) and non-economic damages (pain and suffering, emotional distress) proximately caused by the distracted driver's negligence. California imposes no cap on compensatory damages in automobile accident cases.

Right to Discovery of Phone Records

In civil litigation, you have the right to subpoena the other driver's cell phone records through the carrier. Courts routinely grant such subpoenas when a distracted driving claim is adequately supported. Records showing an active call, text exchange, or app use at the time of impact are among the most compelling evidence in distracted driving cases.

Right to Pursue a Claim Despite Comparative Fault

California's pure comparative fault system (Civil Code § 1714) allows recovery even when the injured party contributed to the accident. If the evidence supports some fault on your part, your damages are reduced proportionally — not eliminated. An insurer that attributes all fault to the victim without investigating the other driver's distraction is not applying California law correctly.

How Fault Is Established in Distracted Driving Cases

Establishing fault in distracted driving cases requires proof of two elements beyond the general negligence standard: that the driver was actually distracted at the moment of impact, and that the distraction was a proximate cause of the crash. When distraction involved phone use, CVC § 23123 or § 23123.5 violations support negligence per se under Evidence Code § 669.

Phone record subpoenas are the most reliable method for establishing active phone use. Records from the carrier show the exact timestamp of calls, texts sent or received, and data transmissions. App-layer activity (social media, navigation refreshes) may require a subpoena directed to the carrier and separate preservation demands to the app provider.

In the absence of phone records, distraction may be established through witness testimony, dashcam footage, in-vehicle infotainment logs, and accident reconstruction evidence (absence of pre-impact braking, consistent with not seeing the danger ahead).

Insurance and Distracted Driving Claims

Distracted driving claims proceed against the at-fault driver's liability insurer under the standard third-party liability framework. The insurer evaluates both liability (was the driver distracted?) and damages. Without strong evidence of distraction, insurers may dispute liability and offer lower settlements.

If the at-fault driver's policy limits are inadequate, your underinsured motorist (UIM) coverage (Insurance Code § 11580.2) provides an additional layer. California's minimum liability limits ($30,000 per person as of 2025) are often insufficient to cover serious injuries — reviewing your own policy limits before a crash occurs is generally advisable.

Evidence That Matters in Distracted Driver Accident Cases

The strongest evidence in distracted driving cases: cell phone records (subpoena to carrier), in-vehicle Bluetooth/infotainment logs, dashcam footage, traffic and business surveillance cameras, witness statements about pre-crash behavior, police report notations of phone visibility or driver admission, and accident reconstruction showing an absence of pre-impact evasive action.

Preservation demands should be sent immediately — to the phone carrier, to any business whose surveillance may have captured the crash, and to the at-fault driver's insurer (requesting preservation of any telematics or EDR data). Surveillance footage is the most time-sensitive; many systems overwrite on a 14–30 day loop.