Distracted Driving & Accidents Caused By Cell Phone Use

Know Your Rights After a Crash Caused by Texting or Distracted Driving

A driver glances down at a text, a map or a notification and in two or three seconds a car travels the length of a football field. If a distracted driver hit you or someone you love, you may be able to recover compensation for medical care, lost income and your pain and suffering. A personal injury and wrongful death lawyer can investigate whether the other driver was on a phone, preserve the evidence that proves it and hold the responsible parties accountable. Reach us today by clicking here and discuss this with us.

For 50 years, Walch Law has helped injured Californians and families who have lost loved ones pursue justice after preventable accidents. Even a moment of distraction behind the wheel can lead to devastating collisions, life-altering injuries or the tragic loss of a loved one. As an experienced California personal injury lawyer, Walch Law understands the lasting impact these crashes can have on victims and their families and is committed to helping them pursue the compensation and justice they deserve. Contact us today to schedule your FREE consultation. 

How Common Is Distracted Driving?

Cell phone use behind the wheel is widespread in California and across the country and the harm is measurable. According to the National Highway Traffic Safety Administration (NHTSA), 3,208 people were killed and 315,167 were injured in U.S. crashes involving distracted drivers in 2024. In California, 200 people were killed in distracted driving crashes in 2024, according to UC Berkeley’s SafeTREC, which cites federal Fatality Analysis Reporting System data. NHTSA’s early estimate for 2025 shows overall U.S. traffic deaths falling about 6.7 percent to roughly 36,640, but distracted driving remains a leading cause of preventable crashes. These figures include phones and other forms of distraction and they are widely believed to understate the problem because distraction is hard to prove after a crash.

The reasons are simple. Reading, texting, scrolling or even dialing takes a driver’s eyes off the road, hands off the wheel and mind off driving. Even a short glance can mean missing a brake light, a red signal, a crosswalk or a lane change.

California Cell Phone and Distracted Driving Laws

• Handheld use is restricted (Vehicle Code section 23123.5): drivers may not hold and operate a handheld phone or other wireless device while driving. A phone used for navigation or calls must be mounted and operated with a single swipe or tap.
• Handheld calls (Vehicle Code section 23123): drivers may not drive while using a handheld wireless phone except hands-free.
• Drivers under 18 (Vehicle Code section 23124): even hands-free use is prohibited.
• Commercial drivers: federal rules (49 C.F.R. sections 392.80 and 392.82) prohibit texting and handheld phone use while operating a commercial motor vehicle.
• General duty of care: even when a distraction is not covered by a specific statute, drivers must still pay attention and drive reasonably (including Vehicle Code section 22350).

When a driver violates a traffic safety law and that violation causes a crash, California law may treat the violation as evidence of negligence (Evidence Code section 669). A driver found using a phone illegally can face a difficult defense.

The Three Types of Distraction

• Visual: eyes off the road, such as reading a text or looking at a map
• Manual: hands off the wheel, such as holding a phone, eating, or adjusting controls
• Cognitive: mind off driving, such as being absorbed in a conversation or a notification, which research indicates can be a risk even with hands-free devices

Common Sources of Distraction

• Texting, emailing, social media and video
• Phone calls and voice messages
• Navigation apps and touchscreens
• Rideshare and delivery apps
• Eating, drinking, grooming and reaching for objects
• Passengers, children and pets
• Infotainment systems and in-car screens

Why Speed Matters

Phone records and other digital evidence can be overwritten, deleted or lost. A prompt written request, often called a preservation letter, followed by legal process such as a subpoena if needed, can protect critical evidence before it disappears.

Who Can Be Held Responsible for a Distracted Driving Crash?

• The distracted driver
• The driver’s employer, when the driver was working at the time (the legal doctrine of respondeat superior), which can mean commercial insurance coverage
• Delivery, trucking and rideshare companies, depending on the driver’s status and the circumstances
• The vehicle owner, in some situations
• Others who contributed, such as a person who knowingly sent messages to a driver in some circumstances or a government entity in cases involving dangerous roadway design

Learn how rideshare and delivery coverage can work on our Uber and rideshare accident page.

Injuries Commonly Caused by Distracted Driving Crashes

Distracted drivers often fail to brake or swerve, so impacts can be at higher speeds. Common injuries include whiplash, traumatic brain injury, spinal injuries, broken bones, internal injuries and psychological trauma. Many injuries do not appear right away, so prompt medical care matters.

Compensation You May Be Able to Recover

• Medical expenses, past and future
• Lost wages and loss of earning capacity
• Pain and suffering and emotional distress
• Loss of enjoyment of life
• Property damage: repair or replacement, towing, rental and diminished value
• Wrongful death damages for families, including funeral costs, loss of financial support and loss of companionship (Code of Civil Procedure section 377.60 identifies who may sue)

In cases of especially reckless conduct, California law allows punitive damages in limited circumstances (Civil Code section 3294), but they are not typical in ordinary distracted driving cases.

California Deadlines

• Personal injury: two years from the date of injury (Code of Civil Procedure section 335.1).
• Wrongful death: generally two years from the date of death (Code of Civil Procedure section 335.1).
• Property damage: generally three years (Code of Civil Procedure section 338).
• Claims against a government entity: written claim often due within six months (Government Code section 911.2).
• Uninsured motorist claims: generally two years from the accident (Insurance Code section 11580.2).

Exceptions can apply, but you should not assume one does. Please do not risk losing or waiving any of your rights.

Distracted Driving Crashes Across California

Distracted driving crashes occur everywhere: freeway slowdowns in Southern California, commuter corridors in the Bay Area and Sacramento, Central Valley highways, coastal roads and neighborhood streets near schools. Stop-and-go traffic is especially dangerous because drivers are tempted to look at their phones and rear-end collisions are a common result. We represent injured people throughout California, including the Los Angeles area, San Diego, Orange, Riverside, San Bernardino, Ventura and Kern Counties, the Bay Area, Sacramento and the Central Valley.

Why Choose Walch Law?

We are a family-owned firm with 50 years of experience handling car accident and wrongful death cases for Californians, including cases involving cell phone use and distracted drivers. Our firm has recovered more than $150 million for injured clients. Our team will:

• Offer a free, confidential consultation, with no fee unless we win
• Investigate and preserve phone, video and vehicle evidence
• Help you get the medical care you need, including providers who may treat on a lien basis so payment can wait until your case resolves
• Help with property damage: repair or total loss, rental cars and diminished value
• Explain financial options when appropriate, such as pre-settlement funding, including its costs and risks
• Handle the insurance companies for you
• Be available to take your call any time

Every case is different and no result can be guaranteed, but experience and preparation matter. We invite you to see what clients say on our Testimonials page.

No Fee Unless You Win

We work on a contingency fee. There is no attorney fee until we win and the fee comes from the recovery rather than your own pocket. The initial consultation is free and confidential.

Conclusion: Act Quickly to Protect Your Claim

Recovering from a crash caused by a distracted driver can be long and exhausting. Acting early helps preserve the digital evidence that can make the difference. Please contact us now for your FREE consultation. We are available 24/7. You may reach us by

• Toll free: 866 INJURY 2 (866-465-8792) (after hours, dial “1”)
• Local: 818-222-3400 (after hours, dial “1”)
• Online: Use our quick contact form
• Email: info@WalchLaw.com