Distracted driving is one of the leading causes of car accidents in California — and it’s a strong basis for a personal injury claim if someone else’s inattention caused you harm. California law is very clear on distracted driving, especially when it involves cell phone use, and courts don’t take it lightly.
Here’s what you need to know about distracted driving accidents in California personal injury cases:
📵 What Counts as Distracted Driving?
In California, distracted driving includes anything that takes a driver’s:
- Eyes off the road (visual)
- Hands off the wheel (manual)
- Mind off driving (cognitive)
Common distractions include:
- Texting or talking on a phone
- Using GPS or apps
- Eating or drinking
- Adjusting music or climate controls
- Talking to passengers
- Grooming or applying makeup
🚨 California Laws on Distracted Driving
California Vehicle Code § 23123 and § 23123.5 make it illegal to:
- Use a handheld phone while driving
- Text or use other phone functions while driving (even at a stoplight)
Hands-free use is allowed for adults, but drivers under 18 cannot use phones at all — even hands-free.
⚖️ Establishing Liability
To win a personal injury case, you need to show:
- The other driver was distracted and therefore negligent
- That negligence directly caused the crash and your injuries
Key evidence can include:
- Cell phone records (to prove texting/calling)
- Traffic or surveillance camera footage
- Dashcam video
- Eyewitness testimony
- Admissions by the other driver
- Police report citing distraction or phone use
Sometimes lawyers hire accident reconstructionists or subpoena phone data to prove distraction.
💵 What You Can Recover in a Distracted Driving Case
If you were injured due to someone else’s distraction, you can claim:
- Medical bills (past and future)
- Lost wages
- Pain and suffering
- Emotional distress
- Property damage
- Loss of earning capacity
- Out-of-pocket expenses (transport, prescriptions, etc.)
⏳ Statute of Limitations
You usually have:
- 2 years from the date of the accident to file a personal injury lawsuit in California
- 6 months if a government vehicle or agency is involved
👨⚖️ Do You Need a Lawyer?
Yes, especially if:
- Injuries are serious
- The insurance company is denying or lowballing your claim
- There’s a dispute about who was at fault
- You want to pursue a maximum-value settlement
Law Offices of James R. Dickinson – 909-848-8448
How To Schedule A Consultation:
Please call us at 909-848-8448 to schedule a free consultation/case evaluation or complete the form immediately below. [Please note certain formalities must be completed to retain the Law Offices of James R. Dickinson, such as the signing of a legal fee agreement [see “Disclaimers”]].