Over 3,000 Americans Killed by Distracted Drivers Annually

Distracted Driving Accident Lawyer

Were you hit by someone texting and driving? We specialize in proving driver distraction through phone records, dashcam footage, and digital forensics. Hold negligent drivers accountable and get the compensation you deserve.

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$50M+

Recovered

95%

Cases Won

Upfront Fees

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Hit by a distracted driver? Get expert legal help now.

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3,142

Deaths from distracted driving in 2023

Source: NHTSA

424,000+

Injuries from distracted driving annually

Source: CDC

Of all fatal crashes involve distraction

Source: NHTSA

5 seconds

Average eyes-off-road when texting

Source: AAA

Evidence Collection

How We Prove the Other Driver Was Distracted

Winning distracted driving cases requires swift evidence collection. Participating investigators act within hours to preserve critical proof before it's lost forever.

Cell Phone Records

A participating attorney may use subpoenas or discovery to seek phone records showing texting, calling, or app use near the crash.

Dashcam & Traffic Camera Footage

The review process flags dashcam, traffic-camera, business, and vehicle footage that may need fast preservation.

Accident Reconstruction

Participating expert accident reconstructionists analyze skid marks, impact points, and vehicle data to prove the driver failed to brake or react.

Witness Statements

Witnesses often see drivers looking down at phones before crashes. Intake should capture names, locations, and what each witness observed.

Vehicle Data Download

Modern vehicles record speed, braking, and steering inputs. This data may help a participating attorney evaluate distraction and reaction time.

Social Media & App Data

A participating attorney may investigate whether the driver was posting, streaming, or using apps at the time of the crash through digital forensics.

Case Values

Injuries & Potential Compensation

Distracted driving crashes often cause severe injuries because drivers fail to brake or slow down. Here are common injuries and their settlement ranges.

Traumatic Brain Injury (TBI)

$500K - $5M+

When texting drivers fail to brake, high-speed impacts cause severe head trauma with lifelong consequences.

Spinal Cord Injuries

$1M - $10M+

Paralysis and nerve damage from violent collisions where distracted drivers never slowed down.

Broken Bones & Fractures

$50K - $500K

Multiple fractures requiring surgery, hardware, and extensive rehabilitation.

Whiplash & Soft Tissue

$25K - $150K

Neck and back injuries that may require ongoing physical therapy and pain management.

Internal Injuries

$100K - $1M+

Organ damage, internal bleeding requiring emergency surgery and extended hospital stays.

Wrongful Death

$1M - $10M+

Fatal distracted-driving crashes require careful review of liability, insurance, family losses, and any punitive-damages issues.

*Settlement amounts vary based on injury severity, liability, insurance limits, and other factors. Past results don't guarantee future outcomes.

Result Reference Context

Distracted Driving Result Examples

Result examples show how phone records, app data, admissions, and reconstruction can affect distracted-driving claims. Past results do not guarantee future outcomes.

$2.8M

TBI from driver texting on highway

Phone records proved driver was sending texts for 47 seconds before rear-ending the injured driver at 70 mph

$1.4M

Uber driver distracted by app

App data showed driver was checking ride requests while running red light

$950K

Amazon delivery driver on phone

Commercial vehicle GPS and phone records established employer liability

$675K

Intersection crash - driver admitted texting

Police report documented driver's admission, expedited settlement

$425K

Rear-end collision with whiplash

Dashcam footage showed driver looking down seconds before impact

$1.9M

Wrongful death - texting teen driver

Phone records and accident reconstruction secured justice for grieving family

Legal Standards

Distracted Driving & Negligence Laws

In most states, texting while driving is illegal, which means violating the law can automatically establish negligence. This is called “negligence per se” and significantly strengthens your case.

Even in comparative fault states where you might share some blame, proving the other driver was distracted by their phone can overcome defenses and maximize your recovery. Participating attorneys understand these nuances and build cases accordingly.

Discuss Your State's Laws

California

Negligence Per Se

Texting while driving automatically establishes negligence (CVC 23123.5)

Texas

Comparative Fault

Distraction evidence can establish clear fault and defeat comparative claims

Florida

Modified Comparative

Proving distraction helps overcome the 51% threshold for recovery

New York

Pure Comparative

Even partial distraction proof increases your recovery percentage

Laws vary by state. Participating attorneys may review distracted driving cases nationwide and understand local laws.

Common Questions

Distracted Driving Accident FAQ

How do you prove the other driver was texting?

We use multiple evidence sources: 1) Subpoenaing cell phone records showing calls, texts, and data usage at the crash time, 2) Downloading vehicle "black box" data showing lack of braking, 3) Obtaining dashcam and traffic camera footage, 4) Interviewing witnesses who saw the driver on their phone, 5) Analyzing social media and app usage through digital forensics. Participating investigators act quickly to preserve this evidence before it's deleted or destroyed.

Can I get the other driver's phone records?

Yes, through the legal discovery process. Once you file a lawsuit, your attorney can subpoena cell phone records from the carrier. These records show exactly when calls were made, texts sent, and data used. This is powerful evidence, but you need an attorney to properly subpoena and preserve these records before the carrier deletes them (usually 1-2 years).

Is texting while driving "negligence per se"?

In many states, yes. "Negligence per se" means violating a safety law automatically establishes negligence. Since texting while driving is illegal in 49 states, proving the other driver was texting often automatically proves they were negligent. This makes your case significantly stronger and can speed up settlements.

What if the distracted driver admitted fault at the scene?

An admission of fault is powerful evidence, but the other driver may later deny it or claim you misheard. That's why it's crucial to: 1) Get the admission in the police report, 2) Have witnesses confirm they heard it, 3) Write down exactly what was said immediately, 4) If possible, record the conversation (check your state's recording laws). Even with an admission, we still gather additional evidence to build the strongest possible case.

What damages can I recover from a distracted driving accident?

You can recover: 1) Medical expenses (past and future), 2) Lost wages and reduced earning capacity, 3) Pain and suffering, 4) Emotional distress, 5) Property damage, 6) Loss of consortium (for spouses), 7) Punitive damages in egregious cases. Distracted driving cases often support larger pain and suffering awards because the conduct is particularly reckless and preventable.

Can I sue the employer if a work driver was texting?

Yes, and employer liability often means access to larger insurance policies. If the distracted driver was working (delivery driver, trucker, sales rep, etc.), their employer may be liable through "respondeat superior." A participating attorney may also investigate whether the company had policies against phone use and whether they enforced them. Many commercial vehicles also have GPS and telematics data that a participating attorney may seek through proper legal channels.

How long do I have to file a distracted driving accident claim?

The statute of limitations varies by state (typically 2-4 years), but evidence degrades quickly. Phone records are deleted after 1-2 years, witness memories fade, and dashcam footage gets overwritten. Contact an attorney within days of your accident to preserve critical evidence. Many cases are won or lost based on how quickly evidence is secured.

What if the texting driver was uninsured?

You may still have options: 1) Your own uninsured/underinsured motorist (UM/UIM) coverage, 2) Filing a personal lawsuit against the driver's assets, 3) Identifying other liable parties (employers, vehicle owners). We thoroughly investigate all potential sources of recovery and help you understand your UM/UIM coverage limits.

case-routing review

Hit by a distracted driver? Get expert legal help now.

Intake Team Available Now

case-routing review

Start with the essentials. Load the secure form when you are ready to use it.

Call (818) 482-2260

Explore Related Topics

Related Practice Areas

Participating attorneys handle a wide range of personal injury cases. Explore related practice areas below.

Car Accidents

Vehicle collision claims

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Pedestrian Accidents

Distracted driver victims

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Bicycle Accidents

Cyclist injury claims

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Speeding Accidents

Reckless driving cases

Learn More

DUI Accidents

Impaired driver claims

Learn More

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Meet Your Distracted Driving Attorneys

Participating distracted driving lawyers have recovered millions for injured clients across California

Raffi Naljian - California Personal Injury, Litigation & Criminal Defense Attorney

20+ Years

Raffi Naljian, Esq.

California Personal Injury, Litigation & Criminal Defense Attorney

Focused on Distracted Driving cases

Car Accidents Rear End Collision LawyerSpanish-speaking

California Bar #238919, active since 2005

Fact-checked against the California State Bar profile and Naljian Law Offices website.

Glendale and Los Angeles litigation intake team

Los Angeles Glendale Burbank

Ideal for Car Accidents and Rear End Collision Lawyer matters.

View Profile & Results

Don't Let a Texting Driver Get Away With It

Every day you wait, critical evidence disappears. Phone records get deleted. Witnesses forget. Dashcam footage gets overwritten. Call now for a free intake review.

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Millions Recovered