Every day, drivers share the road with someone who is scrolling through messages, glancing at a navigation app, or sneaking a look at a notification, and most never realize how close they came to causing a car accident. Distracted driving has become one of the most widespread dangers on American roads, and mobile phones are frequently at the center of the problem. Because smartphones are always within reach, a single glance at the screen can be all it takes to miss a braking car, a pedestrian, or a red light.

What Is Distracted Driving?

“Distracted driving” occurs any time a driver shifts attention away from the road. Researchers identify three categories: Visual distraction, which takes the eyes off the road; manual distraction, which removes hands from the wheel; and cognitive distraction, which pulls focus away from driving. “Texting” while driving involves all three simultaneously, as the driver looks at the phone, holds it, and processes the message at the same time.

Is It Illegal to Use a Phone While Driving in California?

California law prohibits drivers from holding or using a handheld mobile phone while operating a vehicle. “Hands-free” use is permitted for drivers 18 and older, even though it still causes cognitive distraction. Drivers under 18 may not use any wireless device while driving, even in hands-free mode. Violations carry fines and points on a driving record, while repeated offenses can lead to increased penalties under California Vehicle Code Sections 23123 and 23123.5.

Can Distracted Driving Affect a Personal Injury Claim?

Distracted driving plays a significant role in personal injury cases. When a driver was texting or using a phone at the time of a crash, that behavior can serve as strong evidence of “negligence.” California follows a “comparative fault” system, where compensation may be reduced if the injured person is found partly at fault, which makes documenting the other driver’s distraction particularly important.

How Can Distracted Driving Be Proven After a Crash?

Phone records can show whether a driver was calling or texting at the moment of impact, while surveillance footage, eyewitness statements, and police reports may capture additional signs of inattention. A lawyer can work with investigators to gather this evidence and demonstrate that the at-fault driver failed to meet a reasonable standard of care, which is the foundation of a negligence claim in California.

What Damages Can Be Recovered in a Distracted Driving Case?

Injured people in California may pursue compensation for medical bills, lost wages, pain and suffering, and future care needs. The amount depends on the severity of injuries, the strength of available evidence, and how fault is apportioned between the parties. In cases where a driver’s conduct was particularly reckless, a court may also award “punitive” damages as a way to hold that person accountable beyond standard compensation.

What Should I Do Right After a Distracted Driving Crash?

Calling 911, getting medical attention, and documenting the scene are important first steps following a crash. Photographs of the vehicles, roadway conditions, and visible injuries can preserve valuable evidence, while identifying witnesses early strengthens the record. Contacting a lawyer promptly matters because evidence like phone data and surveillance footage can be lost or overwritten quickly if not preserved through proper legal channels.

After a Distracted Driver Causes You Serious Injuries, Our Ontario Car Accident Lawyers at Lerner, Moore, Silva, Cunningham & Rubel Will Fight for Your Rights

If you believe that a distracted driver caused your crash, contact our Ontario car accident lawyers at Lerner, Moore, Silva, Cunningham & Rubel. For a free consultation, call us today at 909-889-1131 or complete our online form. With office locations in Ontario and Victorville, California, we proudly serve clients in the surrounding areas.


Helping the Injured & Disabled Since 1976
Helping the Injured & Disabled Since 1976



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