What a reader should organize first
Separate general information from readiness. If you already face treatment questions, insurer pressure, or a deadline, direct review may be more useful.
Evidence Guide
Raffi Naljian: Proving Distracted Driving in Your Case
Attorney Raffi Naljian knows how to prove the other driver was texting, on their phone, or otherwise distracted. Cell phone records, crash data, and witness testimony can dramatically strengthen your injury claim.
Suspect the driver was distracted?
Raffi Naljian
California Personal Injury, Litigation & Criminal Defense Attorney
Raffi Garabed Naljian is an active California attorney listed under State Bar #238919. The State Bar profile lists personal injury, litigation, criminal law, and business law among his self-reported practice areas, and Naljian Law Offices describes a Glendale practice handling criminal defense and civil litigation, including personal injury matters.
View Full ProfileIs This the Right Attorney for Your Case?
Raffi Naljian uses subpoenas and discovery to obtain cell phone records showing the exact time of calls, texts, and app usage. This evidence proves distraction and often leads to larger settlements.
Topic preparation notes
Prepare the right information before you contact Raffi Naljian, Esq.
These notes explain what the issue may involve, which documents make the first review stronger, and when a direct consultation may be more useful than further browsing.
What to collect before the review
A reader does not need a perfect file. They need enough structure for the first review to separate urgent action from ordinary follow-up.
What to Do Next
- 1Note if driver was holding phone at scene
- 2Ask witnesses if they saw driver on phone
- 3Tell police you believe driver was distracted
- 4Photograph driver with phone if visible
- 5Request police preserve driver phone records
- 6Contact Raffi Naljian to subpoena records quickly
Evidence Checklist
- Cell phone records (calls, texts, data usage)
- App usage logs (social media, streaming)
- Witness statements about driver behavior
- Police report noting distraction
- Vehicle infotainment system data
- Traffic camera or dashcam footage
- Accident reconstruction showing no braking
- Expert testimony on distraction patterns
Phone records can prove your case.
Common Mistakes to Avoid
- Not asking witnesses about phone use
- Waiting too long to subpoena phone records
- Not preserving evidence of infotainment use
- Assuming police will investigate distraction
- Missing the window to obtain carrier records
How the Process Typically Works
1
Immediate
Document any visible phone use, get witness statements
2
1-2 Weeks
File lawsuit to enable subpoena power
3
30-60 Days
Subpoena cell phone records from carrier
4
Discovery
Analyze records, depose driver about phone use
Damages You May Be Able to Recover
- •Medical expenses
- •Lost wages and earning capacity
- •Pain and suffering (often higher with proven negligence)
- •Punitive damages (in egregious cases)
- •Vehicle damage
- •Future medical costs
Frequently Asked Questions
How do you get the other driver's phone records?
Through legal subpoena during litigation. Raffi Naljian files suit quickly to obtain records before carriers delete them (typically 1-2 years).
Can texting while driving lead to punitive damages?
In some cases, yes. If the driver had prior warnings or was violating company policy, punitive damages may be available.
What if the driver claims they were using hands-free?
Phone records show all activity. Even hands-free use can prove cognitive distraction if they were on a call during impact.
How accurate are phone record timestamps?
Carrier records are very accurate, typically within seconds. Combined with accident time, they clearly show usage at impact.
What about infotainment system distraction?
Vehicle data can be extracted showing navigation inputs, music changes, or other touchscreen activity before the crash.
Free intake review—participating attorneys may know how to get the proof.
Related Resources
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Important Disclosures
Attorney Advertising. This website is designed for general information only. The information presented at this site should not be construed as formal legal advice nor the formation of a lawyer/client relationship. Prior results do not guarantee a similar outcome. No attorney-client relationship is formed by viewing this website or submitting a contact form. Results vary based on the specific facts and circumstances of each case.