5 Things You Need to Know About Distracted Driving

Yes. A driver who violates California Vehicle Code § 23123.5 — the state’s primary ban on texting while driving — can be held civilly liable for all damages caused by their distraction. This statutory violation establishes negligence per se, meaning the law itself has already determined that the conduct was unreasonable. Your attorney can subpoena the driver’s cellular carrier records to obtain timestamps showing exactly what the driver was doing on their device in the seconds before impact, providing direct corroborating evidence of liability in your civil claim.

California law allows injury victims to pursue compensation from multiple sources when a single policy is inadequate. If the at-fault driver was working at the time of the crash, the employer’s commercial liability policy may cover your damages. Your own uninsured or underinsured motorist (UM/UIM) coverage may also apply. In cases where defective vehicle technology contributed to the distraction, a product liability claim against the manufacturer is available. An experienced attorney will conduct a thorough coverage analysis across all potential defendants and policies to identify and maximize your total recovery.

Most distracted driving claims in California settle within six to eighteen months when liability is clear and medical treatment is complete or at maximum medical improvement. Cases that proceed to trial — typically because an insurer disputes fault or refuses a fair settlement — can take two to three years from the date of filing to a jury verdict. The timeline depends on injury severity, the number of defendants, and insurance company cooperation. Acting quickly to preserve phone records and other electronic evidence significantly improves both the speed and strength of settlement negotiations.

California personal injury law entitles distracted driving victims to economic damages — all past and future medical expenses, lost wages, diminished earning capacity, and rehabilitation costs — and non-economic damages for pain, suffering, emotional distress, and loss of enjoyment of life. California does not cap non-economic damages in most personal injury cases, allowing seriously injured victims to pursue substantial recovery. If the at-fault driver’s conduct was especially egregious or involved prior violations, punitive damages may also be available to punish the reckless behavior and deter future misconduct on California roads.

In nearly every case, no. Early settlement offers are calculated before the full scope of your injuries, future medical needs, and long-term income losses are known — and they are designed to close the claim at the lowest possible cost to the insurer. Accepting and signing a release permanently forfeits your right to any additional compensation, even if your condition worsens significantly afterward. Before accepting any offer, have an experienced California attorney evaluate the full value of your claim, including future care costs, earning capacity loss, and non-economic damages the insurer’s offer likely ignores entirely.