Distracted Driver Accident Lawyer in California

If you were injured by a distracted driver, the other driver may deny looking at a phone, using a GPS, eating, reaching for something, or taking their eyes off the road. That does not end the case. Distracted driving can often be proven through the crash facts, witness statements, phone records, vehicle data, photos, video, and the timing of the impact.

At Johnson Attorneys Group, we represent people injured by distracted drivers throughout California. When I review a case, I look at how the crash happened, what evidence can show distraction, what injuries were caused, and what insurance coverage may be available.

Contact Johnson Attorneys Group at 800-208-3538 for a complimentary case evaluation to review your legal options. You never pay any legal fees until there is a successful resolution to your distracted driving case.

California Distracted Driving Accident Lawyers

Distracted driving is any behavior that takes a driver’s eyes, hands, or attention away from safely operating the vehicle. The National Highway Traffic Safety Administration explains that distractions can be visual, manual, or cognitive. Texting is especially dangerous because it can involve all three at the same time.

Distracted driving may include:

• Texting or reading messages
• Holding or using a phone
• Using GPS or a navigation app
• Looking at social media
• Eating or drinking
• Reaching for an item
• Talking to passengers
• Looking at children or pets
• Adjusting music, climate controls, or vehicle screens
• Grooming or applying makeup
• Watching something outside the vehicle instead of the road

In 2024, NHTSA reported that 3,208 people were killed in crashes involving distracted drivers. NHTSA also reported that more than 315,000 people were injured in traffic crashes involving distracted drivers in 2024.

California Law On Handheld Devices While Driving

California Vehicle Code section 23123.5 says a person may not drive while holding and operating a handheld wireless telephone or electronic wireless communications device unless the device is designed and configured for voice-operated and hands-free use and is used that way while driving.

The law allows limited hand use only when the device is properly mounted and the driver uses a single swipe or tap to activate or deactivate a feature. The statute also states that a violation is an infraction.

A traffic citation can help support a civil injury claim, but it is not the only way to prove distracted driving. A driver can be distracted even without receiving a ticket.

How Distracted Driving Accidents Happen

Distracted driving often causes crashes because the driver reacts too late or does not react at all. We commonly review cases involving:

• Rear-end collisions
• Intersection crashes
• Lane-departure crashes
• Unsafe turns
• Pedestrian accidents
• Bicycle accidents
• Motorcycle accidents
• Freeway crashes
• Rideshare accidents
• Commercial vehicle crashes
• Car accidents

A distracted driver may fail to brake, drift into another lane, run a red light, miss stopped traffic, or hit a person in a crosswalk. The crash pattern can be an important part of the evidence.

How A California Distracted Driving Accident Attorney Proves The Case

A distracted driving claim is built with evidence. We do not rely only on the other driver admitting fault.

Depending on the case, we may look for:

• Police reports
• Witness statements
• Photos from the scene
• Vehicle damage patterns
• Skid marks or the lack of braking
• Traffic camera or business surveillance video
• Dash camera footage
• Cell phone records
• Text, call, or app-use timing
• Social media activity near the time of the crash
• Vehicle event data
• Rideshare or delivery app records
• GPS data
• Expert accident reconstruction

Phone records can be important, but they are not automatic. They usually have to be requested through the proper legal process. That is one reason it helps to speak with a distracted driving accident lawyer early, before evidence is lost or deleted.

What To Do After A Distracted Driving Accident

After a crash, get medical care first. Then, if you can, take steps to protect the claim:

• Call law enforcement and report the crash.
• Tell the officer if you saw the driver using a phone or acting distracted.
• Take photos of the vehicles, road, traffic signals, debris, and visible injuries.
• Get names and contact information for witnesses.
• Save dash camera footage if you have it.
• Write down what you remember while it is fresh.
• Keep medical records, bills, and discharge papers.
• Do not give a recorded statement to the other driver’s insurance company before getting legal advice.
• Do not accept a settlement before you know the full extent of your injuries.

Insurance companies may contact you quickly. Their goal is to limit what they pay. Your goal should be to understand the evidence, the injury, and the full value of the claim before making decisions.

What Compensation May Include

A distracted driving accident claim may include economic and non-economic damages.

Economic damages may include:

• Emergency care
• Hospital bills
• Surgery
• Follow-up medical treatment
• Physical therapy
• Future medical care
• Lost wages
• Reduced earning capacity
• Vehicle damage
• Out-of-pocket expenses

Non-economic damages may include:

• Pain and suffering
• Emotional distress
• Inconvenience
• Loss of enjoyment of life
• Physical limitations
• Scarring or disfigurement

The value of a case depends on the evidence. We look at the severity of the injury, medical treatment, recovery time, future care needs, income loss, insurance coverage, and whether the distracted driver or another party disputes fault.

California Deadlines For Distracted Driving Accident Claims

In many California personal injury cases, the deadline to file a lawsuit is two years from the date of injury. This deadline comes from California Code of Civil Procedure section 335.1.

Some cases have shorter deadlines. If a public entity is involved, California Government Code section 911.2 generally requires an injury or death claim to be presented within six months. This may matter if the crash involved a public vehicle, unsafe public road condition, or government employee.

Deadlines can change based on the facts. It is safer to review the case early.

Why Hire Johnson Attorneys Group

As California distracted driving accident attorneys, we handle the legal work so you can focus on medical care and recovery.

When you hire Johnson Attorneys Group, we can:

• Investigate how the crash happened
• Preserve key evidence
• Identify all responsible parties
• Review phone, app, video, and vehicle records when available
• Communicate with insurance companies
• Document medical treatment and lost income
• Evaluate future care and long-term injury effects
• Negotiate for a fair settlement
• Prepare the case for litigation when necessary

Johnson Attorneys Group has won over $100 million for clients. We also work on a contingency fee basis, which means you do not pay attorney fees unless we obtain a recovery for you.

We represent injured people throughout California and have offices in Newport Beach and Bakersfield.

Speak With A California Distracted Driving Accident Attorney

If you were injured because another driver was texting, using a phone, looking away from the road, or otherwise distracted, contact Johnson Attorneys Group.

Our California distracted driving accident lawyers can review what happened, explain your options, and help you understand the next steps. Call 1-800-208-3538 for a free case review.