Distracted Driving Accident Lawyer
Holding Texting and Phone-Using Drivers Accountable in California
Distracted driving — texting, scrolling, or even talking on a handheld phone — is illegal in California and causes thousands of preventable crashes every year. A driver who looks away for just a few seconds can change your life.
Proving distraction takes work: phone records, app data, and witness testimony all help establish that the other driver wasn’t paying attention. With over $1 billion recovered, Frank Penney Injury Law knows how to uncover that evidence and use it.
Forms of Distracted Driving
Distraction comes in three forms — visual, manual, and cognitive — and texting involves all three.
Texting & Messaging
Reading or typing takes eyes and mind off the road. Banned under California law.
Handheld Phone Use
California Vehicle Code 23123 prohibits holding a phone while driving.
Apps & Navigation
Programming GPS or scrolling apps diverts attention from driving.
Eating & Grooming
Anything that takes a hand off the wheel increases crash risk.
Passengers & Pets
Turning to attend to others in the car is a common distraction.
In-Car Tech
Touchscreens and infotainment systems pull eyes off the road.
Proving the Other Driver Was Distracted
California law (Vehicle Code 23123 and 23123.5) bans holding and using a phone while driving, and a violation can be strong evidence of negligence. We obtain phone and app records, preserve event-data-recorder information, and gather witness statements and camera footage to prove the other driver was distracted at the moment of impact.
Distracted-driving crashes are car accidents that can cause serious harm, including brain injuries. Learn what your case is worth. We serve Sacramento, Roseville, and Modesto.
Evidence We Pursue
- Phone and text records
- App usage and data logs
- Event-data-recorder downloads
- Eyewitness testimony
- Traffic and dash-cam footage
- Police report and citations
Distracted Driving Accidents FAQs
Is texting and driving illegal in California?
Yes. California Vehicle Code 23123 and 23123.5 prohibit holding and operating a phone while driving, including texting. A driver who violated these laws and caused a crash can be found negligent, and the violation can be powerful evidence in your claim.
How do you prove a driver was distracted?
We use phone and app records, event-data-recorder downloads, witness statements, traffic-camera and dash-cam footage, and any citations issued. Together, this evidence can establish that the other driver was looking at a device rather than the road when the crash happened.
What if the distracted driver denies using their phone?
Denials are common, which is why independent evidence matters. Phone records and app data can be obtained through the legal process and often contradict a driver who claims they were paying attention.
How long do I have to file a distracted driving claim?
Generally two years from the date of the crash under California Code of Civil Procedure 335.1, with shorter deadlines for claims against government entities. Acting promptly also helps preserve phone and electronic evidence before it is lost.