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Beverly Hills Distracted Driving Lawyer

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Our Results Speak for Ourselves. Over $400 Million Recovered.

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60 Years of Combined Experience Serving Injured Individuals.

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Have You Been Injured in a Distracted Driving Accident?

Every day on Beverly Hills roads, drivers choose to glance at their phones, eat behind the wheel, or let their attention drift away from driving. At Setareh Law, our Beverly Hills car accident lawyers are committed to helping injured victims hold negligent drivers accountable. With over $400 million recovered for our clients and 60 years of combined experience, we have the skills and resources to fight for the full compensation you deserve. We handle all cases on a contingency fee basis.

What Is Distracted Driving Under California Law?

Distracted driving falls into three main categories: visual distractions that take a driver’s eyes off the road, manual distractions that take their hands off the wheel, and cognitive distractions that shift their focus away from driving altogether. Common examples include texting or using apps while driving, making or receiving calls without a hands-free device, eating or grooming behind the wheel, and programming GPS or adjusting music controls. According to the National Highway Traffic Safety Administration, distracted driving claimed 3,208 lives across the United States in 2024. California law prohibits the use of handheld devices while driving.

How Do You Prove a Driver Was Distracted?

Establishing that a driver was distracted requires a thorough investigation. Key evidence includes cell phone records, GPS data, vehicle event data recorder information, surveillance footage, and witness statements. We work quickly to preserve this evidence before it can be lost, deleted, or overwritten. Learn more about how a California car accident attorney proves distraction and California’s hands-free driving laws.

Why Are Distracted Driving Claims Difficult?

Insurance companies frequently dispute these claims, arguing that another factor caused the crash. They may also attempt to place partial blame on you to reduce or deny compensation. Having experienced legal representation from the start can make a huge difference in the outcome of your case.

Case Result

$2,100,000 – Car Accident
$10,250,000 – Bicycle Accident
$3,600,000 – Truck Accident
See All Case Results

What Compensation Can You Recover After a Distracted Driving Accident?

Victims of distracted driving crashes may be entitled to compensation covering economic losses such as current and future medical expenses, lost wages, reduced earning capacity, rehabilitation costs, and property damage; and non-economic losses such as pain and suffering, emotional distress, loss of enjoyment of life, and permanent disfigurement or disability. Read more about the leading causes of distracted driving in California.

What Factors Affect the Value of Your Case?

The degree of the at-fault driver’s negligence, the permanence of your injuries, and your age and occupation all play a role in determining the compensation available. Cases where the driver was clearly engaged in a prohibited activity, such as texting while driving, often support stronger claims for full damages.

Frequently Asked Questions About Distracted Driving Accidents in Beverly Hills

Is it illegal to hold a phone while driving in California?

In most cases, yes. Vehicle Code Section 23123.5 bars a driver from holding and operating a handheld phone or similar device unless it is used hands-free. A phone may be mounted on the windshield, dashboard, or center console if it does not block the driver’s view, and the driver may activate a feature with a single swipe or tap. Emergency calls have separate exceptions.

Can a driver’s phone use help prove negligence after a crash in Beverly Hills?

It can. Under Evidence Code Section 669, California law presumes a person failed to use due care if they violated a statute, the violation proximately caused the injury, the harm was the kind the law was meant to prevent, and the injured person was in the group the law protects. The driver may try to rebut that presumption, and a citation is not the only way to show what happened.

What counts as distracted driving in California besides texting?

The California Office of Traffic Safety describes distracted driving as anything that takes your eyes or mind off the road, or your hands off the steering wheel. That includes eating, grooming, and using apps or social media. Other distractions can lead to tickets such as reckless driving or speed unsafe for conditions, and those facts may matter in a negligence claim.

What if the other driver says I was partly at fault in a Los Angeles County crash?

In Li v. Yellow Cab Co. (1975), the California Supreme Court adopted pure comparative negligence, so a person’s own fault reduces damages in proportion rather than barring recovery. Insurers sometimes try to shift blame to the injured person, so police reports, photos, and witness statements can matter.

How long do I have to file a distracted driving lawsuit in California?

Most personal injury lawsuits must be filed within two years under Code of Civil Procedure Section 335.1. If a public employee was driving, a written claim against the public entity generally must be presented within six months under Government Code Section 911.2. Call our Beverly Hills office at (310) 659-1826 or contact Setareh Law to talk about your situation.

Contact Setareh Law to Speak With a Beverly Hills Distracted Driving Lawyer Today

Time matters in distracted driving cases as evidence can disappear quickly, and California’s statute of limitations sets firm deadlines for filing a claim. Contact us today to schedule your free consultation.

Our Personal Injury Attorneys

Daniel Setareh

LaShon Harris

Randall Baker

Chanel Katiraie

Lawdan K. Dayani

eli cohen

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setareh law overview

Why Choose Setareh Law

The experienced team of Beverly Hills Distracted Driving Accidents attorneys at Setareh Law is standing by, ready to provide you with zealous legal representation.

Fast Results

Our team moves quickly because we know delays cost you. From the moment you reach out, we begin building your case, gathering evidence, and negotiating with insurance companies so you can focus on recovering.

No Fees

At Setareh Law, you pay nothing unless we win. We handle every case on a contingency fee basis, which means our success is tied directly to yours. You get aggressive legal representation without any upfront financial risk.

Free Consultation

We offer a completely free, no-obligation consultation so you can understand your legal options before making any decisions. There’s no pressure and no cost — just honest answers from an experienced California personal injury attorney.

Confidentiality

Everything you share with us stays between you and your legal team. Attorney-client privilege protects every detail of your case, giving you the freedom to speak openly and honestly so we can fight effectively on your behalf.

Frequently
Asked Questions

If you, a family member or a friend has suffered a personal injury, contact us today at 310-659-1826 for a free case evaluation. Our experienced team can evaluate the facts of your case, discuss the viable avenues for compensation recovery, and serve as your counsel throughout the personal injury claims process.

What qualifies as distracted driving in California?

Distracted driving involves any activity that diverts a driver's attention from the road. California law specifically prohibits handheld phone use while driving, but other forms of distraction, including eating, adjusting navigation systems, and attending to passengers, can also form the basis of a negligence claim.

How can I prove a driver was distracted at the time of the accident?

Evidence of distracted driving can include cell phone records showing calls or texts at the time of impact, witness statements, traffic camera footage, the driver's own admission, and accident reconstruction analysis. Your attorney can subpoena phone records and work with investigators to establish that the driver was distracted.

Is texting and driving treated differently from other forms of distraction?

California's Hands-Free Law prohibits handheld phone use while driving and carries fines for violations. While the legal standard for negligence is the same regardless of the type of distraction, cell phone use at the time of a collision is a concrete, documentable form of negligence that can be compelling evidence in a claim.

Can a passenger in the distracted driver's vehicle file a claim?

Yes. Passengers who are injured due to their driver's distracted driving have the right to pursue compensation from the at-fault driver. This includes situations where you were a passenger in the vehicle that caused the accident.

Are commercial drivers held to a higher standard for distracted driving?

Yes. Commercial drivers, including truckers and delivery drivers, are subject to stricter federal and state regulations on phone use and distracted driving. Violations of these regulations can strengthen a negligence claim against both the driver and the company they work for.

What if the distracted driver claims the accident was unavoidable?

This defense is difficult to maintain when phone records, witness testimony, or camera footage establish that the driver was not paying attention. The burden of proof in civil cases is lower than in criminal proceedings, and documentation of distraction often proves decisive.

How do I calculate damages in a distracted driving accident?

Damages can include medical costs, lost income, future treatment needs, property damage, and pain and suffering. If the driver's behavior was particularly reckless, punitive damages may also be available in California. An attorney can assess the full range of compensation that may apply.

What should I do at the scene of a distracted driving accident?

Call 911, seek medical attention, and do not engage in extended conversation with the at-fault driver. Document the scene with photos, note anything you observed about the driver's behavior (such as putting down a phone), and speak with any witnesses. Then consult an attorney before making any statements to insurance companies.

AWARDS & ACCOLADES

How We Handle Your Car Accident Claim

Step 1: Free Consultation

We’ll review your accident details, explain your legal rights, and answer all your questions. You have no obligation to hire us.

Step 2: Investigation & Evidence Collection

Our legal team collects police reports, medical records, witness statements, and evidence to build your strongest case.

Step 3: Negotiation with Insurance

We handle all insurance communication, presenting compelling evidence and pushing back against lowball offers to secure full compensation.

Step 4: Filing Your Claim/Lawsuit

If negotiations fail, we file a formal lawsuit to protect your rights while handling all legal filings and keeping you informed.

Step 5: Settlement or Trial

Many cases settle before trial, but we’re fully prepared to present your case to a jury if needed to secure fair compensation.

Step 6: Recovery of Compensation

Once we reach a settlement or win at trial, you receive your compensation and move forward with your recovery.

Contact
us today

Home Visits are Available. Call for More Details

If you, a family member or a friend has suffered a personal injury as a result of an accident, negligence, or a defective drug, contact us today at 310-659-1826 for a free case evaluation. Our experienced team can evaluate the facts of your case, discuss the viable avenues for compensation recovery, and serve as your counsel throughout the personal injury claims process.

Distracted Driving Accidents Results

Our Track Record Speaks For Itself

Truck Accident

$725,000

Conflicting accounts of a stop sign dispute put liability at the center of this commercial truck accident. We cut through the disagreement and secured $725,000 for a client who required back surgery.

Truck Accident

$900,000

What appeared to be a low-impact collision with a commercial truck quickly became a high-stakes legal battle over liability and the severity of our client’s injuries. We fought through every challenge and secured a $9,000,000 result for our client, who required back surgery.

Truck Accident

$1,000,000

The opposing vehicle was a commercial truck, but our client’s injuries did not require surgery. We recovered $1,000,000 through persistent advocacy and a thorough presentation of the evidence.