Distracted Driving Evidence: Records to Preserve
A driver seen holding a phone is an observation, not proof of what the person was doing at the moment of impact or that it caused the collision. California restricts handheld device use with defined exceptions; other distractions may also matter. Build a minute-by-minute sequence from witnesses and original files, then identify any private records that need lawful access.
Hurt Advice editorial guide. Source review: . This guide does not state that the attorney authored, reviewed or approved it. Visit the profile for public licensing and background records.
Review the attorney’s public background, then confirm experience and availability directly.
Raffi Naljian
Founder, Civil Litigation, Personal Injury & Criminal Defense Attorney
Raffi Garabed Naljian is the founder of Naljian Law Offices and an active California attorney under State Bar #238919. A Los Angeles Times profile says he founded the firm in 2008 after beginning his legal career in 1997, and the State Bar lists personal injury, litigation, criminal law, and business law among his self-reported practice areas.
View Raffi Naljian's full verified profilePrimary identity record
Learn more about Raffi Naljian
This is a focused supporting page. Use Raffi Naljian's full sourced attorney profile as the primary identity record for biography, role, languages, office information, and public-record links. Review that profile alongside the issue-specific preparation and public sources below.
The State Bar record lists Raffi Garabed Naljian as an active California attorney, State Bar #238919. Hurt Advice is a separate referral and legal information service, not the attorney's law firm.
How to Evaluate Attorney Fit for This Issue
This worksheet helps readers separate a specific observation, a possible rule violation and a causal claim. Counsel can assess whether phone, vehicle or business records are relevant and obtainable; this page does not claim the profiled attorney has subpoenaed them or reviewed a particular crash.
Consultation worksheet
Distraction observation and timing worksheet
Use “observed,” “reported” or “inferred” beside each entry. Do not seek another person’s phone contents or private account access.
There is no submit or save action. Copy your notes before leaving this page.
Who saw a device, gaze or other behavior? What exactly was visible before impact, and from what angle?
Who owns the original clip? What road approach and activity does it show, and has its clock been checked?
Did an officer independently observe distraction, cite a source or merely record a party’s allegation? Is there a report number?
Which driver, carrier, vehicle owner or employer may hold a relevant record? What narrow question would lawful production answer?
What shows the activity overlapped a critical driving decision? Which facts about lane, speed and braking remain unknown?
Sources for this guide
- California Vehicle Code section 23123.5
Handheld wireless-device rule and exceptions; a violation and causal role need separate facts.
- NHTSA: Distracted driving
Federal safety source explaining visual, manual and cognitive forms of distraction beyond phone use.
- California Vehicle Code section 9951
Restrictions on disclosure of event-data-recorder information; crash data is not an unrestricted phone-content source.
- California Courts: Subpoena business records
Explains the formal process for obtaining nonparty business records in a lawsuit and the notice required for consumer or employee records; a private request alone does not compel production.
What to Do Next
- 1Write down exactly what a witness saw, from where and when, preserving the witness’s own words rather than replacing them with “texting.”
- 2Keep original camera or dashcam files and note device-clock differences before comparing them with the crash report time.
- 3Identify the holder of any potentially relevant phone, vehicle or employer record, but do not access another person’s device or account.
- 4Ask counsel whether a narrowly targeted request or formal legal process is justified; note what a record can and cannot establish.
Evidence Checklist
- Firsthand witness contact, vantage and exact description of the observed behavior
- Original pre-impact video and a documented collision-time comparison
- Crash report or citation, if one exists, with source of any distraction notation
- A custodian list for private device, carrier or vehicle records, without unauthorized copies
Keep your unanswered questions handy when comparing the attorney’s public profile with your needs.
Common Mistakes to Avoid
- Equating a phone-call or data-usage timestamp with a proven text or app action at impact
- Assuming an event-data recorder logs phone content or can be downloaded without access limits
- Treating the absence of a phone record as proof that no distraction occurred
How the Process Typically Works
Capture the observation
Record a witness’s exact words and vantage, together with original pre-impact files.
Align the clocks
Compare video, report and communication times while noting uncertain timestamps or device offsets.
Check lawful records
Ask which private records are relevant, who holds them and what notice or legal process governs access.
Frequently Asked Questions
Does a phone record prove the driver was texting?
Not necessarily. A timestamp can have multiple explanations and may not identify who operated the device or whether an action affected driving. Compare it with lawful, case-specific evidence.
Can I inspect the other driver’s phone?
No general permission follows from being in a crash. Seek voluntary authorized information or legal advice about formal process and privacy protections.
Does vehicle crash data show app activity?
An event-data recorder may contain limited vehicle-event data, not a universal log of phone use. Access and available fields depend on the vehicle and law.
Use the attorney’s public background as a starting point for a direct conversation about fit.
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Attorney Advertising. Hurt Advice is a lawyer-referral and legal-information service, not a law firm. This website provides general information, not legal advice. Viewing a page or submitting a form does not create an attorney-client relationship. Independent participating attorneys decide whether to accept a matter, and representation begins only under a separate written agreement. Prior results do not guarantee a similar outcome; results depend on the facts and circumstances of each matter.