- What counts as distracted driving in Los Angeles, and why does it matter?
- What are California’s distracted driving laws that apply in Los Angeles?
- What should you do right after a suspected distracted driving crash in LA?
- How do you prove a driver was distracted under California law?
- What legal theories apply in a distracted driving case in Los Angeles civil court?
- How does California’s comparative fault rule affect your distracted driving claim?
- What compensation can you seek after a distracted driving crash in LA?
- How do insurance claims work in a texting while driving crash in Los Angeles?
- What deadlines apply to distracted driving lawsuits in California?
- What evidence should you preserve in a Los Angeles distracted driving case?
- How are Uber, Lyft, delivery, and commercial vehicle distracted driving claims different?
- How do rear-end and T-bone crashes get evaluated when distraction is suspected?
- What if a loved one was killed by a distracted driver in Los Angeles?
- If you are accused of distracted driving, what defenses and strategies are common?
- What is the typical timeline for an LA distracted driving civil case?
- How do you choose a Los Angeles distracted driving accident attorney?
- How does GoSuits approach Los Angeles distracted driving cases?
- Where can you find reliable laws and data on distracted driving?
What counts as distracted driving in Los Angeles, and why does it matter?
You see it every day on the 110 near Downtown LA, through Hollywood on the 101, up San Fernando Valley freeways, and along surface streets in Koreatown, Echo Park, Silver Lake, Westwood, and Culver City. Distracted driving is any activity that takes a driver’s attention away from driving. It can be visual, manual, or cognitive, and includes texting, typing, handheld calls, app use, social media, adjusting navigation, eating, grooming, or reaching for items.
National safety data show how serious this is. According to the National Highway Traffic Safety Administration, distracted driving killed 3,308 people in 2022, and an estimated 289,310 people were injured in distraction-affected crashes nationwide that year. See NHTSA’s overview of distracted driving risks and statistics at NHTSA.
CDC research explains why texting is so dangerous: at 55 mph, sending or reading a text can take your eyes off the road for around 5 seconds, roughly the length of a football field traveled blind. See the CDC page on distraction at CDC.
In Los Angeles County’s dense traffic network, even a moment of inattention can cause a rear-end collision on the 405 through West LA, a T-bone in Santa Monica or Pasadena, a sideswipe on the 10 through South LA, or a pedestrian crash in Glendale or Inglewood. For civil cases, proving distraction can be a key to establishing negligence and recovering compensation for injuries.
What does California law say about texting or holding a phone while driving?
California bans handheld use of wireless telephones for most drivers and specifically prohibits texting while driving:
- Handheld device use is prohibited while driving, subject to limited exceptions for hands-free operation. See California Vehicle Code section 23123 at CVC 23123.
- Texting and device use are prohibited when the driver holds a device in hand. Limited hands-free and single tap/swipe exceptions exist if the phone is mounted. See California Vehicle Code section 23123.5 at CVC 23123.5.
- Drivers under 18 cannot use a wireless device at all, even hands-free. See California Vehicle Code section 23124 at CVC 23124.
Repeat handheld violations within 36 months can also result in a violation point on the driver’s record under these statutes. See the handheld and texting sections above for the point-assessment language added by recent legislation.
How can a traffic citation help your civil claim for a distracted driving crash?
In civil court, a driver who violates a safety statute can face a presumption of negligence under California’s negligence per se doctrine, if certain elements are met, such as the violation proximately causing the kind of harm the law was designed to prevent and the injured person being within the protected class. See California Evidence Code section 669 at Evid. Code 669. A citation for texting or handheld use is not automatic proof of civil liability, but it can be powerful evidence when combined with witness statements, phone records, or vehicle data.
Do California’s general negligence rules apply to distracted driving?
Yes. California Civil Code section 1714 sets out the broad duty to use ordinary care for the safety of others. See Civ. Code 1714. Whether you are driving in Beverly Hills, Burbank, the San Gabriel Valley, or East LA, this duty applies. A distracted driving car crash is typically analyzed as a negligence case, with elements of duty, breach, causation, and damages.
What should you do right after a suspected distracted driving crash in LA?
- Call 911 and report injuries. Medical documentation from the outset supports both treatment and any future claim.
- Request a police response so an officer can investigate, document statements, and note potential phone use. California traffic collision reports are generally confidential, but parties of interest and their insurers can obtain them. See Vehicle Code section 20012 at CVC 20012.
- Gather evidence at the scene if safe to do so: photos, videos, skid marks, debris, traffic signals, and the other driver’s license and insurance. Ask witnesses for contact details and whether they observed the driver on a phone.
- Report the crash to the DMV if required. California requires an SR‑1 accident report to the DMV within 10 days if anyone is injured, someone dies, or property damage exceeds $1,000. See the DMV’s SR‑1 guidance at California DMV SR‑1.
- Seek prompt medical care and follow-up. Keep all bills, diagnosis records, prescriptions, and work restrictions.
- Avoid recorded statements to insurers before you have legal guidance. Insurance adjusters may ask leading questions about distraction or fault.
In neighborhoods from 90012 to 90064 and 90066, the same principles apply. If language is a concern, a Spanish speaking car accident lawyer in Los Angeles can make communication and document review easier.
How do you prove a driver was distracted under California law?
- Cell phone records: Call logs and data session records can place phone activity at the crash time. In California, obtaining a consumer’s personal records from a phone company typically requires a subpoena with proper consumer notice under Code of Civil Procedure section 1985.3. See CCP 1985.3.
- Police report and officer observations: The report may note device use, admissions, or citations.
- Witness testimony and video: Bystanders or passengers may have seen the driver holding a phone. Nearby businesses or public cameras sometimes capture the seconds before impact.
- Event data recorder (EDR): Many vehicles store pre-crash data such as speed, brake, and throttle. Access is regulated in California, often requiring owner consent, a court order, or lawful discovery. See Vehicle Code section 9951 at CVC 9951.
- Admissions: A driver’s statements at the scene or in discovery can be admissible evidence.
- Crash reconstruction: Experts analyze physical evidence to determine driver behavior consistent with inattention, such as absence of pre-impact braking in a rear-end crash.
What happens if a driver deletes texts or resets a phone?
Once a party reasonably anticipates litigation, they must preserve relevant evidence. Intentional suppression of evidence can lead to jury instructions allowing adverse inferences. California Evidence Code section 413 allows the trier of fact to consider a party’s willful suppression. See Evid. Code 413. Discovery misuse can also bring sanctions under Code of Civil Procedure sections 2023.010 and 2023.030. See CCP 2023.010 and CCP 2023.030.
Can a traffic ticket alone prove a civil case?
No. A citation for texting or handheld use is not dispositive in civil court. But combined with corroborating records, eyewitness accounts, and objective data, it can support negligence per se under Evidence Code section 669.
What legal theories apply in a distracted driving case in Los Angeles civil court?
- Negligence: Duty, breach by distraction, causation, and damages under Civil Code section 1714. See Civ. Code 1714.
- Negligence per se: Violation of CVC 23123 or 23123.5 can create a presumption of negligence under Evidence Code section 669 if elements are met. See Evid. Code 669.
Can an employer be liable if an employee driver was distracted?
- Respondeat superior: Employers can be liable for employees’ negligence committed within the course and scope of employment.
- Negligent entrustment, hiring, or supervision: If an employer knew or should have known a driver posed a risk, plaintiffs may assert these claims in appropriate facts.
When do punitive damages become possible in distracted driving cases?
California allows punitive damages where a defendant acted with malice, oppression, or fraud, which requires clear and convincing proof that the conduct was despicable and showed willful and conscious disregard of others. See Civil Code section 3294 at Civ. Code 3294. In a civil distracted driving case, routine negligence is not enough. But egregious facts, such as knowingly live-streaming or repeated high-risk texting at speed in a school zone, may open the door to a punitive claim depending on the evidence.
What if both drivers were inattentive?
California follows pure comparative negligence. Even if you were partly at fault, you can still recover damages, reduced by your percentage of fault. The California Supreme Court recognized comparative fault in Li v. Yellow Cab Co., 13 Cal.3d 804 (1975). See the decision at Li v. Yellow Cab (Google Scholar).
If the other driver was texting but you also looked away to adjust navigation in West Hollywood traffic, a jury may apportion fault between you. Insurers in Los Angeles County often argue shared fault to minimize payouts. Documenting distraction by the other driver helps counter those arguments.
Does being uninsured affect noneconomic damages?
California’s Proposition 213 generally bars an uninsured driver from recovering noneconomic damages, even if not at fault, with limited exceptions. See Civil Code section 3333.4 at Civ. Code 3333.4. Speak with a Los Angeles car accident attorney about how this statute may apply.
What compensation can you seek after a distracted driving crash in LA?
What categories of damages are recognized in California civil cases?
- Economic damages: Medical bills, future medical care, lost wages, loss of earning capacity, household services, property damage.
- Noneconomic damages: Pain, suffering, inconvenience, emotional distress, loss of enjoyment of life.
- Punitive damages: Only in narrow circumstances under Civil Code section 3294, as discussed above.
How do you document damages for settlement or trial?
- Medical proof: ER notes, imaging, treating physician records, care plans, and expert life-care projections for serious injuries.
- Work and income proof: Employer letters, timesheets, tax returns, and vocational assessments when needed.
- Property and out-of-pocket proof: Repair estimates, total loss valuations, rental and rideshare receipts.
- Daily life impact: A journal and witness statements from family or coworkers help explain non-economic losses.
Settlements for distracted driving accidents in Los Angeles vary by liability strength, injury severity, policy limits, and venue. There is no standard number that applies to every case in Beverly Hills, Santa Monica, Pasadena, Glendale, or Burbank. A thorough case evaluation is essential.
Should you contact your own insurer even if you were not at fault?
Yes. We highly recommend speaking with a car accident attorney in Los Angeles before doing so. Your policy may include med-pay, collision, rental, and uninsured or underinsured motorist coverage. California Insurance Code section 11580.2 governs uninsured motorist coverage. See Ins. Code 11580.2. Prompt notice protects your rights.
What if the distracted driver is uninsured or underinsured?
UM/UIM claims can help when the at-fault driver lacks enough insurance. Your carrier then steps into the shoes of the at-fault driver for certain benefits. Evidence of distraction, such as phone records, still matters to prove liability to your own insurer.
How do you approach the at-fault driver’s insurer?
- Open the claim early and provide basic facts, not opinions. Avoid recorded statements until represented.
- Submit a demand package with liability evidence, medical documentation, and a calculation of damages once treatment stabilizes or future care is understood.
- Anticipate defenses such as comparative fault or challenging causation, especially in minor-impact cases.
- Negotiate professionally and prepare for litigation if needed in Los Angeles Superior Court.
What deadlines apply to distracted driving lawsuits in California?
What is the statute of limitations for injury and property damage?
- Personal injury: Two years from the date of injury. See Code of Civil Procedure section 335.1 at CCP 335.1.
- Property damage: Three years from the date of damage. See Code of Civil Procedure section 338(c)(1) at CCP 338.
Special rules can apply if a public entity is involved, which often require a government claim within six months. Missing a deadline can bar your claim. Prompt legal help is important.
What evidence should you preserve in a Los Angeles distracted driving case?
- Phone records and device data: Back up your own phone. Do not alter or reset devices. Your legal team can seek the other driver’s records with proper procedures under CCP 1985.3.
- Vehicle data: Do not discard or repair your vehicle without documenting damage. EDR access is regulated by CVC 9951.
- Scene and vehicle photos: Wide shots, close-ups, and images of traffic control devices and visibility.
- Medical records: Save every bill and visit summary. Keep a consistent treatment schedule recommended by your providers.
- Employment records: Pay stubs, schedules, and employer communications relating to time missed.
Are there special insurance layers for rideshare crashes in LA?
Transportation network companies typically provide layered coverage depending on whether the app was off, on without a ride, or during an active trip. Liability limits change with the driver’s status. Document app screenshots and trip logs right away.
How do commercial vehicle policies affect distracted driving claims?
Commercial policies often provide higher limits and may involve company cell phone policies, telematics data, and employment records. Claims can include negligent entrustment and supervision alongside vicarious liability.
How do rear-end and T-bone crashes get evaluated when distraction is suspected?
In a typical rear-end crash on the 5 through Burbank or in Pasadena surface streets, lack of pre-impact braking and straight-line impact without avoidance can be consistent with distraction. Phone records and EDR data can confirm late or absent braking. Still, defendants may argue sudden stops or mechanical defects, so complete evidence is important.
How do T-bone crashes reveal distraction at intersections?
At intersections in West Hollywood, Santa Monica, or Glendale, a T-bone crash may reflect a driver running a red or failing to yield while looking down at a phone or navigation. Signal timing records, surveillance video, and witness accounts often prove decisive.
What if a loved one was killed by a distracted driver in Los Angeles?
California allows certain heirs to bring wrongful death claims for the losses they suffer, and the estate may bring a survival claim for damages the decedent could have pursued. See Code of Civil Procedure sections 377.60 and 377.30 at CCP 377.60 and CCP 377.30. These cases are sensitive and complex, and early investigation helps preserve crucial evidence such as phone and vehicle data.
If you are accused of distracted driving, what defenses and strategies are common?
How do defendants and insurers challenge a distraction claim?
- Causation disputes: Arguing the crash would have occurred regardless of device use due to sudden stops, third-party negligence, or unavoidable hazards.
- Device activity not linked to distraction: Contending that data use did not involve visual or manual distraction at the critical moment, or that a mounted, single-tap, hands-free action is statutorily permitted.
- Comparative fault: Asserting the plaintiff was also inattentive, speeding, or violating traffic laws.
- Medical causation: Questioning whether claimed injuries stem from the crash, especially in low-speed impacts.
Discovery often focuses on both drivers’ phone records, navigation histories, vehicle data, and prior accidents or citations. Preserving your own evidence and following court discovery rules is vital to avoid sanctions. See CCP sections 2023.010 and 2023.030 linked above.
How long does a Los Angeles distracted driving case take from claim to resolution?
- Investigation and medical stabilization: Weeks to months while treatment proceeds and liability evidence is collected, including phone records and EDR data where appropriate.
- Pre-suit negotiation: A detailed demand is presented to the insurer with supporting proof.
- Filing in Los Angeles Superior Court: If settlement does not occur, a complaint is filed and served. The court sets case management deadlines, discovery, and trial dates.
- Discovery: Written discovery, depositions, subpoenas to carriers for phone logs under CCP 1985.3, inspections, and expert workup.
- Mediation or settlement conferences: Many LA cases resolve in mediation before trial.
- Trial: If needed, a jury hears the case. Evidence of device use, distraction indicators, and damages is presented under evidentiary rules.
Timelines vary by venue, complexity, and court congestion. Strong documentation of distraction can shorten disputes about liability.
What should you look for in a Los Angeles distracted driving lawyer?
- Focused handling of auto collisions in Los Angeles County, including Downtown LA, West Hollywood, Santa Monica, Beverly Hills, Pasadena, Glendale, and the Valley.
- Comfort with digital evidence such as subpoenas for phone records, navigation data, EDR downloads, and video preservation.
- Trial readiness that often leads to stronger settlements when insurers recognize a credible litigation posture.
- Clear communication, including availability of a Spanish speaking car accident lawyer in Los Angeles if needed.
- Transparent fees such as contingency arrangements where you pay only if there is a recovery, consistent with California rules.
Locals often search “best distracted driving attorney LA” or “best car accident lawyer near me.” Beyond search terms, evaluate actual case approach, technology use, and willingness to stand up to insurers.
How does GoSuits approach Los Angeles distracted driving cases?
Distracted driving collisions are a core part of personal injury work in Los Angeles, CA. A free consultation can help you understand liability in your specific crash, the strength of available evidence like phone records or traffic camera footage, the role of negligence per se under California law, and realistic next steps to protect your health and claim value.
Where does GoSuits practice and what is the approach?
We handle civil injury cases across Los Angeles County and greater Southern California, from Downtown LA and Hollywood to the San Fernando Valley, San Gabriel Valley, East LA, South LA, Westwood, Brentwood, Santa Monica, Beverly Hills, Culver City, Pasadena, Glendale, Burbank, and Inglewood. Our team uses a technology-driven approach built around exclusive proprietary software that streamlines intake, records collection, phone data workflows, and case tracking for faster, more organized results.
What makes the GoSuits process different for clients?
- Exclusive proprietary software integrates evidence requests, subpoena calendars for CCP 1985.3 phone records, medical record retrieval, and lien tracking, improving speed and accuracy.
- Attorney access: Although we leverage technology to expedite every step, we do not route clients through case managers. Each client has a designated attorney with unfettered access for calls, emails, and strategy sessions.
- Leadership in innovation: Automation supports, it does not replace, judgment and advocacy. The result is more time for investigation, negotiation, and courtroom preparation.
What experience and past results can you review?
Our attorneys bring 30 years of combined experience in civil injury litigation, including trials. Trial experience benefits clients during negotiation, mediation, and if a jury is needed. You can review past results at GoSuits Prior Cases. Each case is different and past outcomes do not predict future results, but they show the types of disputes we handle and the litigation path we pursue.
What practice areas does GoSuits cover beyond distracted driving collisions?
- Auto and rideshare collisions, including rear-end, T-bone, and multi-vehicle crashes
- Pedestrian and bicycle injuries in urban corridors across LA
- Commercial vehicle and delivery incidents
- Premises liability for dangerous conditions on property
- Wrongful death claims under CCP 377.60 and survival actions under CCP 377.30
Fees are typically contingency-based, with free consultations. We discuss fee structures in plain language before engagement.
Where can you find reliable laws and data on distracted driving?
- National Highway Traffic Safety Administration: Distracted Driving – National statistics, risks, and safety initiatives. In 2022, 3,308 fatalities and an estimated 289,310 injuries occurred in distraction-affected crashes.
- Centers for Disease Control and Prevention: Distracted Driving – Definitions and risks, including the “football field” distance traveled while texting at highway speeds.
- California Vehicle Code § 23123 – Handheld wireless telephone use prohibited while driving.
- California Vehicle Code § 23123.5 – Texting and device use restrictions while driving, with limited hands-free provisions.
- California Vehicle Code § 23124 – Under-18 ban on all wireless device use while driving.
- California Vehicle Code § 20012 – Confidentiality and access rules for traffic collision reports.
- California Vehicle Code § 9951 – Event data recorder access and privacy.
- California Evidence Code § 669 – Negligence per se doctrine.
- California Evidence Code § 413 – Adverse inference from willful suppression of evidence.
- California Civil Code § 1714 – General duty of ordinary care.
- California Civil Code § 3294 – Punitive damages standards.
- California Civil Code § 3333.4 – Proposition 213 limitations on noneconomic damages for uninsured drivers.
- California Code of Civil Procedure § 335.1 – Two-year statute of limitations for personal injury and wrongful death.
- California Code of Civil Procedure § 338(c)(1) – Three-year statute of limitations for property damage.
- California Code of Civil Procedure § 377.60 – Wrongful death actions.
- California Code of Civil Procedure § 377.30 – Survival actions.
- California Code of Civil Procedure § 1985.3 – Subpoenas for consumer personal records, including phone company records, with notice.
- California Code of Civil Procedure § 2023.010 – Misuse of discovery.
- California Code of Civil Procedure § 2023.030 – Discovery sanctions.
- California Insurance Code § 11580.2 – Uninsured and underinsured motorist coverage.
- California DMV SR‑1 Accident Reporting – DMV requirements for reporting crashes in California.
- Li v. Yellow Cab Co., 13 Cal.3d 804 (1975) – California’s adoption of comparative fault.
Frequently asked questions about Los Angeles distracted driving claims
Do you need a Los Angeles distracted driving lawyer to handle your claim?
California law does not require you to have an attorney, but injury claims against insurers are adversarial and evidence heavy, especially when proving phone use or device activity. A Los Angeles distracted driving accident attorney can collect and analyze records, deal with insurers, and prepare for trial if needed.
Is there a Spanish speaking car accident lawyer in Los Angeles available?
Yes. If Spanish is your preferred language, ask for a Spanish speaking car accident lawyer in Los Angeles from the outset so all communication and documents are clear.
How are fees handled in these cases?
Many Los Angeles personal injury law firms offer contingency fee arrangements, often described as no win no fee, where legal fees are paid from a recovery. Always review the written fee agreement and ask questions about costs and liens.
What neighborhoods does this guidance cover?
The same California laws apply across Los Angeles, CA, including Downtown LA, Hollywood, West Hollywood, Koreatown, Echo Park, Silver Lake, Westwood, Brentwood, Santa Monica, Beverly Hills, Culver City, Pasadena, Glendale, Burbank, Inglewood, the San Fernando Valley, the San Gabriel Valley, East LA, and South LA.
How do I find a Los Angeles distracted driving lawyer near me?
Search locally using terms like “Los Angeles distracted driving lawyer near me” and evaluate qualifications, trial readiness, technology use, and communication style. Consider firms familiar with LA County courts and neighborhoods where your crash occurred, whether 90012, 90026, 90028, 90036, 90045, 90064, or 90066.
