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
Lead Personal Injury Attorney
With 15+ years of experience, Raffi Naljian has recovered millions for accident victims across California. Known for aggressive negotiation and compassionate client care.
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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.
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
Immediate
Document any visible phone use, get witness statements
1-2 Weeks
File lawsuit to enable subpoena power
30-60 Days
Subpoena cell phone records from carrier
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 consultation—we know how to get the proof.
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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.