Setareh Law
February 4, 2026
Behind every distracted driving accident statistic lies a preventable tragedy. In California, where drivers navigate some of the nation’s busiest highways, even a momentary glance at a phone or brief distraction can transform an ordinary commute into a life-altering collision.
When distracted driving results in injuries, Setareh Law stands ready to help victims pursue the compensation they deserve. With over $250 million recovered for clients and 60 years of combined experience, we understand how these preventable accidents devastate lives and fight relentlessly to hold negligent drivers accountable. Our team provides bilingual services and operates from eight office locations throughout California to ensure accessible representation for every injured person.
What Does California Law Say About Distracted Driving?
California maintains some of the strictest distracted driving laws in the United States. The primary legislation prohibits drivers from holding and operating mobile phones while behind the wheel. Under California Vehicle Code Section 23123.5, drivers cannot manually use their cell phones for texting, emailing, or scrolling through apps while their vehicles are in motion. This includes stopped at red lights or stuck in traffic.
The handheld device ban extends beyond phones to tablets, GPS devices, and other electronic equipment. Drivers over 18 may use hands-free technology, but even voice-activated systems can create dangerous cognitive distractions. Drivers under 18 face even stricter rules, with a complete prohibition on using wireless devices in any capacity, including hands-free options.
How Much Are the Fines for Distracted Driving?
Financial penalties for distracted driving violations escalate with each offense. First-time violators face base fines of $20, though additional fees and assessments typically bring the total closer to $162. Second and subsequent violations carry base fines of $50, with total costs reaching approximately $285 after processing fees.
These fines represent only the immediate financial consequences. Distracted driving violations can increase insurance premiums substantially. More importantly, when distracted driving causes car accidents resulting in injuries or fatalities, drivers face criminal charges including reckless driving, vehicular manslaughter, or even second-degree murder under certain circumstances.
What Are the Most Common Forms of Distracted Driving?
Distraction takes multiple forms on California roadways. Visual distractions occur when drivers take their eyes off the road to look at phones, navigation systems, passengers, or scenery. Manual distractions happen when drivers remove their hands from the steering wheel to eat, adjust controls, or reach for objects. Cognitive distractions develop when drivers’ minds wander from the driving task to conversations, daydreams, or stress.
Texting represents the most dangerous distraction because it combines all three types simultaneously. Sending or reading a text typically requires five seconds of attention. At highway speeds, vehicles travel the length of a football field during those five seconds of inattention.
Can I Still Recover Compensation If I Was Partially Distracted?
California follows pure comparative negligence principles in personal injury cases. This means injured parties can recover damages even when partially at fault for accidents. Courts reduce compensation awards proportionally based on each party’s degree of fault.
If you were 20 percent responsible for an accident because you were adjusting your radio when another driver ran a red light, you can still recover 80 percent of your total damages. This legal framework ensures victims receive fair compensation reflecting the actual distribution of fault rather than facing complete bars to recovery for minor contributory negligence.
How Does Distracted Driving Impact Personal Injury Claims?
Evidence of distracted driving strengthens personal injury claims substantially. Cell phone records, vehicle data systems, witness testimony, and surveillance footage can document when drivers engaged in distracting behaviors immediately before collisions. Insurance companies and courts recognize distracted driving as clear negligence violating traffic laws and reasonable care standards.
Victims injured by distracted drivers often face severe consequences including medical expenses, lost wages, pain and suffering, and permanent disabilities. California law allows recovery for all economic and non-economic damages flowing from injuries caused by negligent drivers. When distracted driving causes wrongful death, surviving family members can pursue compensation for their losses.
Partner With Setareh Law After a Distracted Driving Accident
Distracted driving accidents demand immediate legal attention. Evidence deteriorates, witnesses’ memories fade, and insurance companies move quickly to minimize their liability exposure. We understand the urgency these cases require and provide around-the-clock availability to ensure your rights remain protected from the moment an accident occurs.
Our approach combines aggressive advocacy with compassionate client service. We handle every case on a contingency fee basis, meaning you pay nothing unless we recover compensation on your behalf. With over 400 five-star Google reviews and eight conveniently located offices throughout California, we meet you where you are and deliver the personalized attention your case deserves. Contact Setareh Law today for a consultation about your distracted driving accident claim.
