A driver looks down at a phone for a moment, and the car ahead has stopped. The crosswalk is no longer empty. The light has changed. Phone distraction is one of the most frustrating causes of crashes because it is so avoidable. When it happens, the injured person often suspects it but cannot prove it at the scene. This guide explains what California law says about phone use behind the wheel, how distraction fits into an injury claim, and how evidence of phone use is pursued. For a broader overview, see our car accident lawyer page.
What does California law say about phones while driving?
California Vehicle Code § 23123.5 says a person may not drive while holding and operating a handheld wireless telephone or electronic wireless communications device, unless the device is designed and configured for voice-operated, hands-free use and is used that way.
The statute allows limited hand use only when the device is mounted on the windshield, dashboard, or center console in a way that does not block the driver’s view, and the driver’s hand is used to activate or deactivate a feature with a single swipe or tap. Manufacturer-installed systems embedded in the vehicle are excluded from the section. The statute defines “electronic wireless communications device” broadly to include devices like laptops with mobile data access.
In short: holding a phone and scrolling, typing, or browsing while driving violates the statute. A phone in a mount with a single tap to answer a call is treated differently.
Does a phone ticket prove the driver caused the crash?
Not by itself. A violation of § 23123.5 is an infraction, and a traffic citation is a separate matter from a civil injury claim. In the civil case, the question is negligence: did the driver fail to use reasonable care, and did that failure cause the crash? Evidence that the driver was using a phone at the moment of impact can be powerful proof of inattention, but it still has to be tied to how the collision happened.
What are the signs a driver was distracted?
Common clues include:
- No braking or very late braking before a rear-end impact.
- Drifting across lanes or into a bike lane or crosswalk.
- Sitting through a green light and then lurching forward.
- A driver who says “I didn’t see you” or “it came out of nowhere.”
- A phone in the driver’s hand, on their lap, or on the floor after the crash.
- Witnesses who saw the driver looking down.
Write down anything like this as soon as you can. Small details that seem obvious at the scene are easy to forget weeks later.
How can phone use be proven?
Witnesses. People in other cars, pedestrians, and passengers may have seen the driver looking at a screen.
Admissions. Statements at the scene, in the police report, or later in a deposition.
Video. Dashcams, traffic cameras, and business cameras sometimes show a driver’s head position or a lit screen. Commercial vehicles may have inward-facing cameras.
Vehicle data. Pre-crash speed and braking data can show a lack of reaction consistent with distraction.
Phone records. Carrier records and device data can show whether calls, texts, or data activity happened around the time of the crash.
How do phone records come into a civil case?
At a high level, California civil discovery allows parties to obtain information that is relevant to the subject matter of the case and not privileged, under Code of Civil Procedure § 2017.010. Once a lawsuit is filed, that can include written questions to the driver about phone use, requests for records, deposition testimony, and subpoenas to carriers.
Phone records also raise privacy concerns, and courts take those seriously. Requests are usually narrowed to a short window around the crash and to the kind of information that actually matters, such as timestamps of activity rather than the content of messages. Disputes over scope are decided by the court. In some cases, a forensic examination of a device may be sought, which typically requires agreement or a court order with protections in place.
One practical point: carriers do not keep every kind of record forever. Sending a preservation letter early, before a lawsuit is filed, can help keep evidence from disappearing.
Can distraction matter for punitive damages?
Ordinary phone distraction is usually treated as negligence. Punitive damages in California require a much higher showing, and most distracted driving cases do not meet it. It is better to focus on proving fault and the full extent of the harm.
What if both drivers were distracted?
California follows pure comparative fault under Li v. Yellow Cab Co. (1975) 13 Cal.3d 804. If the other side argues you were also distracted, fault is divided by percentage and your recovery is reduced by your share. Be prepared for insurers to ask about your own phone use, and answer truthfully.
What about pedestrians and cyclists?
Distracted drivers are a serious risk to people outside cars, who have no protection in a crash. If you were hit on foot, our pedestrian accidents page explains related issues.
What should you do after a crash you think involved a phone?
- Call 911 and get medical care.
- Tell the officer what you saw, including any phone in the driver’s hand.
- Get witness names and contact information.
- Look for nearby cameras and note their locations.
- Talk with a lawyer about preservation letters before records are lost.
How long do you have to file?
Code of Civil Procedure § 335.1 generally sets a two-year limitation period for personal injury lawsuits. Public-entity claims have much shorter deadlines.
Talk with a lawyer about a distracted driving crash
Proving phone use takes timely action and careful, targeted discovery. Advo Law, APC can evaluate what happened and what evidence may still be available. Learn more on our car accident lawyer page or contact us.
Contact Advo Law
Advo Law, APC
Glendale: 111 E. Broadway, Suite 210, Glendale, CA 91205
La Cañada Flintridge: 1433 Foothill Blvd., Suite 207, La Cañada Flintridge, CA 91011
Phone: (800) 808-4613
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Attorney advertising. This article is for general information only and is not legal advice. Reading it does not create an attorney-client relationship. Laws and case holdings can change; consult counsel about your specific situation.
