Distracted driving generally falls into three primary categories, though many collisions involve a combination of all three:
- Cognitive distraction occurs when a driver’s attention is diverted away from the task of driving, reducing awareness and reaction time.
- Manual distraction arises when a driver removes one or both hands from the steering wheel, compromising control of the vehicle.
- Visual distraction involves taking one’s eyes off the road, even momentarily, significantly increasing the risk of a collision.
In practice, many of the most dangerous behaviors, such as texting while driving, simultaneously involve cognitive, manual, and visual distractions, amplifying the likelihood of serious accidents.
Common Distracted Driving Behaviors
Distracted driving encompasses any activity that diverts a driver’s attention, whether visual, manual, or cognitive, from the primary task of safely operating a vehicle. While mobile phone use is one of the most widely recognized causes, distraction extends far beyond texting or app usage.
Examples include:
- Eating or drinking can impair both physical control and situational awareness
- Personal grooming, such as applying makeup or adjusting hair, diverts visual and manual focus
- Managing children or pets, which can unpredictably draw a driver’s attention away from the road
- Programming or adjusting GPS/navigation systems, particularly while the vehicle is in motion
- Engaging with passengers, especially when conversations become emotionally or cognitively demanding
Embarking on litigation can feel like an uphill battle, especially when you’re recovering from a serious injury. That’s why you hire the best lawyer in the business.
California Cell Phone Laws
California cellphone laws include:
- Handheld Ban: Under California Vehicle Code §23123, it prohibits drivers from holding a handheld wireless phone while operating a vehicle. Drivers age 18 and older may only use a phone if it is specifically designed or configured for hands-free operation. Limited exceptions apply, including emergency calls to law enforcement or medical services.
- Under 18 Rule: Under California Vehicle Code § 23124, drivers under 18 may not use a phone in any capacity. There is an exception in case of an emergency.
- Texting Ban: Under California Vehicle Code § 23123.5, it is illegal to write, send, or read text-based communication while driving.
By obtaining the defendant’s cell phone records, your attorney can help establish that the driver was using a phone at or near the time of the collision, supporting a violation of California’s hands-free laws. A skilled attorney at Ellis Law ensures this evidence is strategically leveraged during settlement negotiations or at trial to strengthen your claim.
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Unsafe Lane Change
The Plaintiff was driving when the Defendant made an unsafe lane change, hitting the rear portion of the Plaintiff’s car.
Read MoreRear-end Collision
Plaintiff was rear-ended by defendant, who was driving for a restaurant at the time of the accident.
Read MoreRear-end Collision
Defendant, driving a County of San Bernardino vehicle, rear-ended plaintiffs in heavy traffic.
Read MorePenalties for Violating Cell Phone Laws
In California, violations of handheld cell phone laws carry a base fine of $20 for a first offense and $50 for subsequent offenses. However, with additional fees and assessments, the total cost is typically significantly higher.
A first offense does not result in a point on the driver’s record. However, subsequent violations may be reported to the DMV and can result in points, which may impact insurance rates.
If distracted driving involving a cell phone contributes to a collision, the driver may face additional liability, including traffic citations, increased insurance exposure, and potential civil responsibility for damages. .
Compensation You May Be Entitled to After a Distracted Driving Accident
Given the extremely serious and sometimes fatal consequences of car accidents caused by cell phone use, it is important for victims to understand their rights to compensation. At Ellis Law, we are acutely aware of the kinds of personal, financial and emotional destruction such accidents can have on those involved. Drivers whose cell phone use causes injury to others are legally liable for those damages.
Victims may be entitled to compensation for:
- Wrongful death
- Pain and suffering, which can include psychological injuries such as Post-Traumatic Stress Disorder
- Emotional distress
- Loss of enjoyment of life
- Disruption of marital or familial relationships, otherwise known as loss of consortium
- Past and present medical bills
- Future medical and rehabilitation expenses, which can be monumental if you have been seriously injured
- Lost wages and loss of future earning ability. Most of our families rely at least in part upon our income to meet their basic needs. If you cannot return to the workforce or your career options and corresponding financial well-being are limited due to your injuries, you may be eligible to recover this category of damages
How Cell Phone Use Affects Liability in a Crash
As noted, in distracted driving cases, cell phone records can serve as critical evidence. When call logs, text activity, or app usage align with the timing of the crash, they can help establish that the at-fault driver was not paying full attention to the road.
California follows a comparative fault system, meaning liability can be shared among multiple parties. While it is not uncommon for more than one driver to be partially distracted, documented cell phone use often carries significant weight in assigning a higher percentage of fault.
A driver who violates hands-free laws may be viewed as acting unreasonably under the circumstances, increasing their financial responsibility for the accident.
Insurance Company Tactics
Insurance companies are financially motivated to minimize payouts, and they often employ strategies designed to reduce the value of a claim. In distracted driving cases, insurers may downplay the significance of cell phone use unless it is clearly supported by objective evidence. For example, if the precise time of the collision is uncertain, they may argue that phone activity occurring near that time is coincidental rather than causative.
More broadly, insurers routinely attempt to undervalue claims by disputing the severity of injuries, questioning medical treatment, or shifting blame onto other parties. Delays are also a common tactic; by prolonging the claims process, insurers may pressure injured individuals into accepting a lower settlement due to mounting financial strain.
At Ellis Law, we understand these strategies and proactively counter them. We build strong, evidence-based cases and advocate aggressively on your behalf to ensure you receive the full and fair compensation you are entitled to under the law.
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Andrew Ellis, Esq.
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What to do after an accident: “Take as many pictures as you can. Go to urgent care or a hospital and document your injuries. Then call Ellis Law.”
