Texting while driving is illegal in California. Yet, many drivers still do it frequently. When a driver crashes into you due to distracted driving, the impact can be severe, causing injuries, property damage, and emotional distress.
Fortunately, victims of crashes due to texting while driving can file a car accident claim to receive compensation for the damages. However, there are specific steps you should take to avoid having your case dismissed or receiving a reduced settlement.
In this article, you will learn the legal consequences of texting while driving and what to do to protect your rights in such cases.
Is Texting and Driving Illegal in California?
In California, the law mandates that no one should be texting behind the wheel. Under California Vehicle Code Section 23123.5, it is illegal for any driver to use a handheld device to send, read, or write text-based messages while operating a vehicle. This includes texting, emailing, instant messaging, or typing anything else.
However, the law does make an exception for hands-free or voice-activated features, but only if they don’t require you to touch your phone. Emergency responders and those reporting urgent situations are also exempt.
This rule applies to every driver, no matter how old you are or what license you hold. Moreover, under Assembly Bill 47, you may face legal consequences if you are caught texting and driving:
- You can be pulled over
- Pay a fine
- Get a point on your driving record that stays there for three years
How Can Texting While Driving Cause Accidents?
While you text and drive, your focus is shifted to your phone visually, manually, and cognitively. As a result, you are less likely to react to dangers on time and more likely to cause a crash.
In fact, according to Forbes, texting while driving can impair your reaction time just as badly as drinking four beers before hitting the road.
Even after you send a message, the distraction doesn’t stop there. It can take up to 27 seconds for your brain and eyes to fully re-focus on the road, a delay known as the “hangover effect.” This can happen even if you text at a red light or stop sign.
Moreover, statistics show that:
- In 2023, 369 fatal traffic crashes were reported as having cellphone use as a distraction, which accounts for 12% of all distraction-affected fatal traffic crashes in that year.
- In 2021, 410 people were killed in crashes involving at least one driver distracted by a cell phone.
- Within the same year, 644 nonoccupants (pedestrians, bicyclists, and others) were killed in distraction-affected traffic crashes.
What to Do When a Driver Who Was Texting While Driving Hits You in California
Despite driving safely, you can be left to face the consequences of someone else’s careless decision to text and drive. It is overwhelming, painful, and unfair.
Fortunately, filing a claim for the damages of a text-and-drive accident can help you recover financially, physically, and emotionally. However, there are specific steps you should follow to avoid jeopardizing your right to compensation.
Stay Still Until You’ve Been Checked by a Medical Professional
Your body may be running on adrenaline, masking serious injuries. Even if you feel “okay,” don’t move unless it’s absolutely necessary for safety. Wait for paramedics to evaluate you. Moving too soon could worsen an injury you didn’t know you had, like internal bleeding or a neck or spinal issue.
Take Photos, If You Can Do So Safely
If you’re physically able and the scene is safe, take photos of:
- The damaged vehicles
- Skid marks and debris
- The other driver’s phone (if visible or admitted)
- Road conditions, traffic signs, and surroundings
If you can’t take photos because of your injuries, that’s okay; emergency responders and investigators will often document the scene.
These images could serve as powerful evidence if the insurance company tries to downplay your claim.
Get the Other Driver’s and Witnesses’ Information
When filing a claim, you will need:
- The texting driver’s name, phone number, license plate, and insurance details
- Contact information from witnesses who saw what happened
When talking to the other party, it is crucial to avoid apologizing or saying anything that could be misinterpreted as admitting fault. Even saying “I didn’t see them coming” can be used against you.
Get a Full Medical Evaluation, Even if You Feel Fine
Many accident-related injuries, like concussions or soft tissue damage, don’t show up right away. Visit your doctor as soon as possible for a complete check-up. This not only ensures your health is protected, but it also creates a medical record, which will be crucial for any claim you pursue.
Call a Personal Injury Lawyer Before Talking to the Insurance Company
Insurance companies often act friendly initially, but their job is to save money, not protect you. A skilled personal injury attorney knows how to deal with adjusters, gather evidence (like cell phone records to prove texting), and fight for the full compensation you deserve.
Understanding Negligence and Liability After a Texting While Driving Accident
Someone else’s split-second decision to look at their phone instead of the road can leave you with lasting injuries, mounting bills, and emotional trauma. If that happened to you, you have the right to hold them accountable, but you need to prove their negligence.
What Is Negligence in a Texting While Driving Accident?
Every driver has a legal and moral duty to drive safely and responsibly. That means keeping their eyes on the road and hands on the wheel. When someone breaks that duty, like texting behind the wheel, they’re acting negligently. And if their carelessness causes a crash, they may be liable for the harm they caused.
How Do I Prove Negligence?
To get the compensation you deserve, your legal team must prove four key elements:
- Duty of Care – The other driver was required to drive safely and follow the law.
- Breach of Duty – They broke that duty by texting and driving, which is dangerous and illegal behavior.
- Causation – Their distracted driving directly led to your accident.
- Damages – You suffered real, measurable harm, like physical injuries, lost income, medical expenses, and emotional distress.
Proving this isn’t always easy, especially when you’re hurt. You might be too injured or overwhelmed to gather evidence on the spot. That’s where a dedicated texting while driving accident lawyer steps in.
They can secure the crash report, collect witness statements, subpoena phone records, and work with accident reconstruction experts. Most importantly, they’ll take on the insurance companies trying to minimize your pain so you can focus on healing, not fighting.
Can I File a Claim Against a Driver Who Uses a Hands-Free Phone?
Yes. Just because a driver wasn’t physically holding their phone doesn’t mean they weren’t distracted. Even hands-free conversations can take a driver’s focus off the road, and in those few seconds, they can also cause accidents.
In California, using hands-free devices is legal. But legality doesn’t equal safety. If a driver is so mentally distracted by a phone call that they miss a stoplight, swerve into your lane, or rear-end your car, they can still be held liable. That’s because every driver has a legal duty to stay focused and protect others on the road.
Let’s say a driver is chatting on their Bluetooth headset and doesn’t realize traffic has stopped. They plow into your vehicle, leaving you injured and in pain. They weren’t holding the phone, but their mind weren’t on the road. That’s still negligence under California law.
If you’ve been hit by a distracted driver, even one using a hands-free device, you shouldn’t have to carry the physical, emotional, and financial burden alone. An experienced texting and driving accident lawyer can help prove the driver’s distraction, fight for the compensation you deserve, and take on the insurance companies, so you can focus on healing.
How Can I Prove the Driver Was Texting During the Crash?
After a serious crash, you might feel that the other driver wasn’t paying attention, that they were texting when they should’ve been watching the road. But gut feelings aren’t enough in court or with insurance companies. You need solid evidence to prove it.
Here’s how texting while driving can be proven:
Cell Phone Records
One of the most compelling pieces of evidence is the driver’s phone records. These can show:
- The exact time a text was sent or received
- Phone activity in the moments leading up to the crash
Your attorney can request these records with a court subpoena to confirm that the driver was texting at the time of the accident.
Witness Statements
People nearby, such as other drivers, passengers, or pedestrians, may have seen the driver using their phone. A witness who says, “I saw them looking down just before the crash,” can be powerful testimony in your favor.
Police Report
If the responding officer suspects distracted driving, they will often include it in their report. They may even issue a citation at the scene. This report can support your claim and help establish the other driver’s negligence.
Dashcam or Surveillance Footage
Sometimes, nearby security cameras or dashcams capture the moment of the crash. If the footage shows the driver looking down, holding a phone, or reacting too late, that can be direct evidence.
Driver’s Own Words
Surprisingly, some drivers admit they were texting. They might say something like, “I just looked down for a second,” or “I didn’t see you coming.” These casual admissions can be used against them when proving fault.
Texting while driving is a selfish choice that puts lives at risk. If you were hurt because of it, you deserve justice, not just answers. An experienced distracted driving accident attorney can gather this evidence, build your case, and fight for every dollar you’re owed.
How Can a Texting and Driving Accident Lawyer Help Me?
After an accident, knowing deep down the other driver wasn’t paying attention, but not having the evidence to prove it, can be frustrating. Maybe it happened at night when no one else was around. Maybe you were too hurt to gather photos, statements, or details. It can feel like your truth and right to compensation are slipping away in such moments.
But even when evidence seems out of reach, you’re not out of options.
When you’re recovering from a serious accident, the last thing you should worry about is how to build a legal case. That’s where a skilled personal injury lawyer steps in. With the right team behind you, proving distracted driving, like texting behind the wheel, is possible, even when the odds seem stacked against you.
Here’s how a dedicated distracted driving accident attorney can help:
- Partner with accident investigators to dig deep and uncover crucial details
- Identify signs of distracted driving, like phone use at the time of the crash
- Accurately assess your losses, such as medical bills, lost wages, pain, and suffering
- Handle all insurance communication, protecting you from lowball offers
- Take your case to trial if negotiations don’t result in fair compensation
At The Law Offices of Larry H. Parker, we understand how overwhelming it is to recover while fighting for justice. That’s why we’re committed to doing the heavy lifting for you. We’ve helped over 100,000 clients and recovered over $2.2 billion in compensation, and we’re ready to help you next.
You don’t have to do this alone. Call us at 800-333-0000 for your free consultation. We’re here 7 days a week to listen, investigate, and fight for what you deserve.
You deserve someone fighting for you after a crash. Our attorneys offer free case evaluations and committed support through each step.
What Our Clients Say About Us
While many personal injury lawyers may accept your case and build a legal defense, none will champion your cause as fiercely as we do. Our California car accident attorneys are exceptionally well-equipped to create a flawless claim, as affirmed by our previous clients:
“The Law Offices of Larry H. Parker are there for you. They fought for me and got me what I deserved. Thank you, the whole staff is Great!” – Gina Madrigal.
Frequently Asked Questions
Accidents may be upsetting and complicated, leaving everyone involved with questions about their rights, obligations, and legal alternatives. Understanding the aftermath of an accident is critical for safeguarding your rights and getting proper compensation, regardless of whether you are the driver, passenger, or pedestrian.
If you have further questions, we have answered some of the most frequently asked questions about road accidents.
- Who is Liable for a Car Accident with an Unlicensed Driver?
- California Brake Check Accidents: Who’s Responsible?
- Does a Poor Driving Record Affect My Car Accident Claim?
- Should I Report a Hit-and-Run with No Damage?
References
Assembly Bill 47. (n.d.). California Legislative Information. https://leginfo.legislature.ca.gov/faces/billTextClient.xhtml?bill_id=201920200AB47
California Vehicle Code Section 23123.5. (n.d.). California Legislative Information. https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?sectionNum=23123.5.&lawCode=VEH
Distracted Driving in 2021. (n.d.). CrashStats – NHTSA. Retrieved May 19, 2025, from https://crashstats.nhtsa.dot.gov/Api/Public/ViewPublication/813443
Distracted Driving in 2023. (n.d.). National Highway Traffic Safety Administration. https://crashstats.nhtsa.dot.gov/Api/Public/ViewPublication/813703
How many people die from texting and driving? (2024, April 4). Consumer Affairs. https://www.consumeraffairs.com/automotive/texting-and-driving-statistics.html?utm_source=chatgpt.com
Texting And Driving Statistics 2025. (n.d.). Forbes. https://www.forbes.com/advisor/car-insurance/texting-driving-statistics/
