Setareh Law
May 21, 2026
Every day on California roads, a driver looks away from traffic for just a moment and changes someone’s life forever. According to the UC Berkeley Safe Transportation Research and Education Center, 158 people were killed in distracted driving crashes in California in 2023 alone, a nearly 7% increase from the year before. Whether a driver was texting, adjusting their GPS, or eating behind the wheel, the result is the same: real people are seriously hurt through no fault of their own.
If you were injured by a distracted driver, you have the right to pursue compensation, and you do not have to navigate that process alone. At Setareh Law, our attorneys have helped accident victims across California recover full and fair compensation for their injuries. With over $250 million recovered, 60 years of combined experience, and more than 400 five-star Google reviews, we are committed to fighting for the results you deserve.
What Does California’s Distracted Driving Law Cover?
California has some of the strictest distracted driving laws in the country, and they cover a wider range of behaviors than many drivers realize. The core of California’s law prohibits any handheld use of a mobile device while driving, including holding your phone to make calls, send texts, and browse apps. This law applies at red lights and stop signs, not just while the vehicle is moving.
The following are the most common behaviors that fall under California’s distracted driving laws:
- Handheld phone use: Calling, texting, or using any app without a hands-free mount is illegal under California Vehicle Code Section 23123.
- Manual GPS operation: Since 2017, drivers may not manually type into a GPS device while driving. Only voice-activated or pre-programmed navigation is permitted.
- Personal grooming: Applying makeup, fixing hair, or adjusting contact lenses while driving can constitute distraction and may be used as evidence of negligence in a crash.
- Eating or drinking: While not explicitly prohibited, eating behind the wheel can support a negligence claim if it contributes to an accident.
- Adjusting controls: Even briefly changing the stereo settings, climate controls, or other vehicle systems diverts attention and may factor into fault determinations.
Any of these behaviors can serve as the basis for a negligence claim when they contribute to a collision. Understanding what the law covers puts you in a better position to recognize when a driver acted carelessly and caused you harm.
How Do You Prove a Driver Was Distracted?
Proving distraction after an accident requires gathering the right evidence quickly. One of the most valuable tools available is cellphone records, which an attorney can obtain through a subpoena. These records can show whether the at-fault driver was texting, on a call, or using an app at the exact moment of the crash. In rear-end collisions and other crashes that suggest a failure to react, phone records can be particularly powerful.
Physical Evidence and Witnesses
Photographs from the scene can tell a compelling story of their own. A lack of skid marks, for example, may indicate that the driver never hit the brakes, which is consistent with not watching the road. Video surveillance from nearby businesses or traffic cameras may show what the driver was doing moments before impact. Eyewitness statements can also confirm distracted behavior that was visible from outside the vehicle.
Police Reports and Crash Reconstruction
The responding officer’s report often includes observations about driver behavior and contributing factors, and while it is not conclusive on its own, it carries weight with insurers and juries alike. In more complex cases, a crash reconstruction expert may be brought in to analyze vehicle speeds, angles of impact, and braking data to establish exactly what occurred. Building a thorough case from multiple sources of evidence is what separates a successful claim from one that stalls.
What Compensation Can You Recover After a Distracted Driving Crash?
If a distracted driver caused your accident, you may be entitled to compensation for both economic and non-economic losses. Economic damages typically include medical bills, ongoing treatment costs, lost wages, and the cost of repairing or replacing your vehicle. Non-economic damages cover pain and suffering, emotional distress, and reduced quality of life.
In cases where the at-fault driver’s conduct was especially reckless, punitive damages may also be available. Our practice areas span a wide range of personal injury claims throughout California, and we approach every case with the same level of dedication regardless of its size.
Contact Setareh Law After a Distracted Driving Accident
Distracted driving crashes are preventable, and when a negligent driver causes serious harm, they should be held accountable. At Setareh Law, we handle every case on a contingency fee basis, which means you pay nothing unless we recover compensation for you. Our attorneys are available around the clock, and with eight office locations across California as well as home visits when you can’t come to us, we make it easy to get the help you need when you need it. You can view our case results to see the real outcomes we have achieved for clients throughout the state.
Do not wait to take action. Evidence fades, witnesses become harder to reach, and California’s statute of limitations places a firm deadline on your ability to file a claim. Fill out our contact form today to schedule a free consultation and speak with a member of our team about your options.
